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9 - Politicizing Human Rights (Using International Law)

Published online by Cambridge University Press:  19 January 2010

Larry May
Affiliation:
Vanderbilt University, Tennessee
Zachary Hoskins
Affiliation:
Washington University, St Louis
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Summary

Human rights – in theory, discourse, and praxis – may be questioned as to their political nature; one instinctive answer claims that politics is the natural home of the human rights endeavor, whereas a more standard and institutional reply insists that human rights are, almost by definition, apolitical. This latter option usually turns to international law as the underpinning of human rights, presupposing thereby that law itself is, indeed, apolitical. The former, seemingly more natural, stance may also recognize the essential nonpartisan aura of human rights but still maintain their usefulness for political agendas. The following exercise is an attempt to meld together these opposing positions on human rights by, on the one hand, acquiescing to their politicality but, on the other hand, locating it precisely – even if not only – in the use of international law. In a sense, we are putting our foot down in the human-rights-are-political camp; the surprising element here is the justified exploitation of international human rights, humanitarian, and criminal law for such political purposes. Because, however, the tension between the political and the universal (i.e., the apolitical) cannot be shrugged off, especially not by human rights workers and organizations themselves, we suggest a philosophical angle to mitigate it: Using the constructs of “identity” and “victim” to identify both the political and the universal, and their simultaneous presence in human rights, can lead to a different understanding of the political workings of human rights based on international law.

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Publisher: Cambridge University Press
Print publication year: 2009

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References

Orford, Anne (ed.), International Law and Its Others (Cambridge: Cambridge University Press, 2006), 131–55CrossRef
Land Grab: Israel's Settlement Policy in the West Bank (Jerusalem: B'Tselem, May 2002)
Under the Guise of Security: Routing the Separation Barrier to Enable the Expansion of Israeli Settlements in the West Bank (Jerusalem: B'Tselem, December 2005)
Forbidden Roads: The Discriminatory West Bank Road Regime (Jerusalem: B'Tselem, August 2004)
Meister, Robert, “Human Rights and the Politics of Victimhood,” 16(2) Ethics & International Affairs (2002), 91–108CrossRefGoogle Scholar
Riley, Stephen, “‘Not Being Victims Ever Again’: Victimhood and Ideology,” in Kassimeris, George (ed.), Warrior's Dishonour: Barbarity, Morality and Torture in Modern Warfare (Aldershot, UK: Ashgate, 2006), 193Google Scholar

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