Nov 19
201210
Amnesty International, The War on Libya - There Was No Evidence, Whiteness & Aversive Racism
Amnesty International and the Human Rights Industry
November 14, 2012
by Daniel Kovalik (reproduced by kind permission of the author)
When I studied law at Columbia in the early 1990s, I had the fortune of studying under Louis Henkin, probably the world’s most famous human rights theoretician. Upon his passing in 2010, Elisa Massimino at Human Rights First stated in Professor Henkin’s New York Times obituary that he “literally and figuratively wrote the book on human rights” and that “[i]t is no exaggeration to say that no American was more instrumental in the development of human rights law than Lou.”
Professor Henkin, rest his soul, while a human rights legend, was not always good on the question of war and peace. I know this from my own experience when I had a vigorous debate with him during and continuing after class about the jailing of anti-war protestors, including Eugene V. Debs, during World War I. In short, Professor Henkin, agreeing with Supreme Court Justice Oliver Wendell Holmes, believed that these protestors were properly jailed because their activities, though peaceful, constituted a “clear and present danger” to the security of the nation during war time. I strongly disagreed.
That Professor Henkin would side with the state against these war protestors is indicative of the entire problem with the field of human rights which is at best neutral or indifferent to war, if not supportive of it as an instrument of defending human rights. This, of course, is a huge blind spot. In the case of World War I, for example, had the protestors been successful in stopping the war, untold millions would have been saved from the murderous cruelty of a conflict for which, to this day, few can adequately even explain the reasons. And yet, this does not seem to present a moral dilemma for today’s human rights advocates. (I will note, on the plus side, that Professor Henkin did become increasingly uneasy with the Vietnam War as that conflict unfolded, and specifically with the President’s increasing usurpation of Congress’s war authority).
In the end, it was not from Professor Henkin, but from other, dissident intellectuals who I learned the most about human rights and international law. The list of these intellectuals, none of whom actually practice human rights in their day job, includes Noam Chomsky, Edward S. Herman, Jean Bricmont and Diana Johnstone. And of course, I have read a lot of what they have to say on this subject on these very pages of CounterPunch.
And, what all of these individuals have emphasized time and time again is that international law, as first codified in the aftermath of World War II in such instruments as the UN Charter and the Nuremberg Charter, was created for the primary purpose of preserving and maintaining peace by outlawing aggressive war. And, why is this so? Because the nations which had just gone through the most destructive war in human history, with its attendant crimes of genocide and the holocaust, realized full well that those crimes were made possible by the paramount crime of war itself. As Jean Bricmont, then, in his wonderful book Humanitarian Imperialism, explains, the first crime for which the Nazis “were condemned at Nuremberg was initiating a war of aggression, which, according to the 1945 Nuremberg Charter, ‘is the supreme international crime, differing only from other war crimes is that it contains within itself the accumulated evil of the whole.’” →