A new wind behind human rights law

LONDON – Just when the cause of human rights seemed becalmed a new wind has blown up. The Guantanamo case before the U.S. Supreme Court was but one sign. All manner of influences are driving U.S. law to practice what political leaders have preached against – the globalization of U.S. human rights law.

The Guantanamo case was the easy one. The Administration did not have that much of a leg to stand on. But in another more difficult decision decided the next day the Supreme Court protected the right of foreigners under the Alien Tort Claims Act to sue in U.S. courts over serious human rights offences committed outside the U.S..

Also in the same week the U.S. was forced into an important compromise over the reach of the International Criminal Court, established by statute in 1998 to try those accused of grave war crimes or crimes against humanity when the domestic courts of the accused refuse to act. Despite the latter provision the U.S. has bitterly fought against the reach of the Court, cajoling and threatening many countries into promising to exempt the U.S.. But Washington felt compelled last month to withdraw a UN resolution that would have given its troops working in Iraq, Afghanistan and other UN approved peacekeeping operations immunity from possible prosecution.

But all these developments have been creeping up on the Administration, even as it insisted it had taken the high ground against them. Back in 1994 the U.S. Congress passed a law that enabled the Department of Justice to prosecute people who committed torture anywhere in the world, so long as they were physically living in the U.S.. According to Amnesty International there are at least a thousand human rights abusers who have fled to the U.S. believing they can be lost in the crowd. However, until July 2002 the Department of Justice never successfully prosecuted any of these human rights abusers and then when it finally did it did so on the less direct grounds of perjury. The accused, Eriberto Mederos, was convicted of having lied on his citizenship application when he was asked if he had ever participated in the persecution of any person. The jury found that he had administered electro-shock therapy to political opponents of the Castro regime in Cuba.

The ruling of the Supreme Court will have the effect of giving this rather lethargic legislation an extra push besides opening the door to more cases brought under the Alien Tort statute. Moreover, we are much less likely to see a repeat of the case when one of Peru’s most notorious suspected torturers was freed, after the Department of Justice decided to prosecute him, when the State Department intervened claiming he had diplomatic immunity.

In recent years the San Francisco-based Center for Justice and Accountability has had some success in bringing to justice several human rights perpetuators resident in the U.S., ranging from a former Bosnian Serb soldier who tortured non-Serbs in detention camps to two retired Salvadoran generals who commanded forces that committed widespread torture. From now on, the Center’s director, Sandra Coliver, argues, it will easier to bring more cases to the courts and judges will have little reason to refuse to hear them.

The rulings of Britain’s highest court, the House of Lords, are often perused in landmark cases by the justices of the Supreme Court. One of the most recent was the decision in 1999 to lift the sovereign immunity of General Augusto Pinochet who was wanted for trial in Spain on charges of torture. The law lords decided that since the Thatcher government of the U.K. had ratified the UN Convention Against Torture (as did the Reagan Administration) there were grounds for lifting a former head of state’s traditional immunity. Since then there has been a great deal of legal discussion in the U.S. whether the Supreme Court would make a similar ruling in a similar case and the feeling is it might well. Not unconnectedly, there has been a noticeable drop in human rights abusers, who have held high office in government or the military, visiting both Europe and the U.S. Since they have often been wealthy enough to seek medical treatment and own property in the West this is a sacrifice.

What will be interesting to watch is if, given the legal wind blowing behind them, some of the activist human rights groups in the U.S. decide that the Administration has not been thorough enough in its prosecution of alleged U. S. war crimes in Iraq and find a way to bring a case against high military and civilian officials, and how the Supreme Court will eventually rule on that.

Henry Kissinger recently wrote in a disparaging, even despairing, tone in Foreign Affairs of how  “an unprecedented movement has emerged to submit international politics to judicial procedures [and] has spread with extraordinary speed.” Now, pace the politicians, it appears to have arrived in the U.S. too. 

Foreign affairs columnist, film-maker and author

Share

Leave a Reply

Your email address will not be published. Required fields are marked *

Related Posts

“En dag som berättigar till fest”, utropade den London-baserade al-Quds al-Arabi efter FN:s eldupphörresolution, “eftersom detta är första gången som Israel accepterar ett FN-beslut från en position som besegrad och inte som segrare”. Att ett arabisk-israeliskt krig för en gångs skull slutat med arabisk seger, är en helt dominerade åsikt i arabiska medier. Al-Quds al-Arabi tillåter sig att drömma om att det israeliska nederlaget skall leda till massflykt från Israel. Men i nästa andetag påminner tidningen om att Israel aldrig brukar genomföra sina internationella åtaganden och varnar för att förlorarna, liksom tidigare, kan hämnas genom att provocera fram inbördeskrig i Libanon. Med tanke på de otaliga massmediala vittnesmålen om det libanesiska folkets eniga motståndskraft förefaller risken för inre stridigheter i det sargade landet just nu liten. Men visst kan man urskilja nyansskillnader i libanesiska tidningar. Vänsterorganet al-Safir uppfattar FN-resolutionen som en komplott i syfte att rädda Israel från ännu större...
A donors’ conference, co-sponsered by the Burundian government, the Belgian government and UNDP will be held in Brussels January 12-13, 2004. This PressInfo offers a perspective on its urgency. See also TFF’s new Burundi Forum. Imagine for a moment that politics is about goodness and generosity. Where could a few million dollars of government aid and a few civil society organisations – guaranteed – win the hearts of extremely poor millions who want peace and already work hard to achieve it after 10 years of war and genocide? The answer is Burundi, the heart-shaped country in the heart of Africa. Burundi makes a good story from Africa. But what does the world know about Burundi, its problems and struggles? Burundi’s tough reality Here are the basic facts. Burundi’s population is about 7 million and it is number 171 out of the 175 countries on the UNDP’s human development index. Their life...
Peace is promoted by constructive proposals and dialogue Four preceding PressInfos have expressed concern over — and criticised — the ongoing, militarisation of the EU. Some will say: but there are no alternatives. We believe that there are always alternatives, that democracies are characterised by alternatives and choice, and that openly discussed alternatives will improve the quality and legitimacy of society’s decision–making. In addition, it is an intellectual and moral challenge to not only criticise but also be constructive. If we only tell people that we think they are wrong, they are not likely to listen. However, if we say: what are your views on this set of ideas and steps? — we may sometimes engage them in dialogue and sow a seed. Most people in power circles live their daily lives in in a time frame and a social space where certain ideas, viewpoints and concepts are just not...

Recent Articles

“En dag som berättigar till fest”, utropade den London-baserade al-Quds al-Arabi efter FN:s eldupphörresolution, “eftersom detta är första gången som Israel accepterar ett FN-beslut från en position som besegrad och inte som segrare”. Att ett arabisk-israeliskt krig för en gångs skull slutat med arabisk seger, är en helt dominerade åsikt i arabiska medier. Al-Quds al-Arabi tillåter sig att drömma om att det israeliska nederlaget skall leda till massflykt från Israel. Men i nästa andetag påminner tidningen om att Israel aldrig brukar genomföra sina internationella åtaganden och varnar för att förlorarna, liksom tidigare, kan hämnas genom att provocera fram inbördeskrig i Libanon. Med tanke på de otaliga massmediala vittnesmålen om det libanesiska folkets eniga motståndskraft förefaller risken för inre stridigheter i det sargade landet just nu liten. Men visst kan man urskilja nyansskillnader i libanesiska tidningar. Vänsterorganet al-Safir uppfattar FN-resolutionen som en komplott i syfte att rädda Israel från ännu större...
Greenland – the world’s largest island, a continent of its own with only 57.000 inhabitants. I visited it for the first time in May 2005. I flew across the inland ice to Nuuk, the tiny capital with some 14.000 inhabitants. I was overwhelmed by the pride and kindness of everyone I met as well as by the unique natural beauty. Unfortunately, due to weather conditions during my ten-day stay I could get nowhere else but Nuuk. Fortunately, however, among those I met was Gitte Arvegaard, a Danish lawyer and negotiator employed by the local government, Greenland Home Rule. She turned out to be an enthusiastic photographer with a lot of pictures taken during various trips around Greenland. So this Greeland series is the result of our cooperative effort. We both hope you enjoy it and are stimulated to visit Greenland – about which you may read more here. Finally, if you want to...
 Jan Oberg’s storyof how he met Sir Paul Liverpool – where else to meet Paul McCartney? Paul’s old class mate and TFF Associate, Jonathan Power introduced me to Paul McCartney in Liverpool at an informal reception. It was held at what used to be their school, now the Liverpool Institute for Performing Arts and we were there to celebrate that Jonathan had written Amnesty International’s 40th Anniversary book. This happy event for “righting wrongs and writing songs” gave me an opportunity to meet Paul and tell him about TFF and get straight to the matter: would he consider making a donation in support of our work for peace? While I was probably the only one with such a wish that day, I was certainly not the only one who wanted to shake hands and talk with him. In the last minutes before Paul was to leave, Jonathan brought us together and we got about three...

TFF on Substack

Discover more from TFF Transnational Foundation & Jan Oberg.

Most Popular

“En dag som berättigar till fest”, utropade den London-baserade al-Quds al-Arabi efter FN:s eldupphörresolution, “eftersom detta är första gången som Israel accepterar ett FN-beslut från en position som besegrad och inte som segrare”. Att ett arabisk-israeliskt krig för en gångs skull slutat med arabisk seger, är en helt dominerade åsikt i arabiska medier. Al-Quds al-Arabi tillåter sig att drömma om att det israeliska nederlaget skall leda till massflykt från Israel. Men i nästa andetag påminner tidningen om att Israel aldrig brukar genomföra sina internationella åtaganden och varnar för att förlorarna, liksom tidigare, kan hämnas genom att provocera fram inbördeskrig i Libanon. Med tanke på de otaliga massmediala vittnesmålen om det libanesiska folkets eniga motståndskraft förefaller risken för inre stridigheter i det sargade landet just nu liten. Men visst kan man urskilja nyansskillnader i libanesiska tidningar. Vänsterorganet al-Safir uppfattar FN-resolutionen som en komplott i syfte att rädda Israel från ännu större...
Greenland – the world’s largest island, a continent of its own with only 57.000 inhabitants. I visited it for the first time in May 2005. I flew across the inland ice to Nuuk, the tiny capital with some 14.000 inhabitants. I was overwhelmed by the pride and kindness of everyone I met as well as by the unique natural beauty. Unfortunately, due to weather conditions during my ten-day stay I could get nowhere else but Nuuk. Fortunately, however, among those I met was Gitte Arvegaard, a Danish lawyer and negotiator employed by the local government, Greenland Home Rule. She turned out to be an enthusiastic photographer with a lot of pictures taken during various trips around Greenland. So this Greeland series is the result of our cooperative effort. We both hope you enjoy it and are stimulated to visit Greenland – about which you may read more here. Finally, if you want to...
 Jan Oberg’s storyof how he met Sir Paul Liverpool – where else to meet Paul McCartney? Paul’s old class mate and TFF Associate, Jonathan Power introduced me to Paul McCartney in Liverpool at an informal reception. It was held at what used to be their school, now the Liverpool Institute for Performing Arts and we were there to celebrate that Jonathan had written Amnesty International’s 40th Anniversary book. This happy event for “righting wrongs and writing songs” gave me an opportunity to meet Paul and tell him about TFF and get straight to the matter: would he consider making a donation in support of our work for peace? While I was probably the only one with such a wish that day, I was certainly not the only one who wanted to shake hands and talk with him. In the last minutes before Paul was to leave, Jonathan brought us together and we got about three...
Read More
Imagen-thumbnail-The-Transnational-1
“En dag som berättigar till fest”, utropade den London-baserade al-Quds al-Arabi efter FN:s eldupphörresolution, “eftersom detta är första gången som Israel accepterar ett FN-beslut från en position som besegrad och inte som segrare”. Att ett arabisk-israeliskt krig för en gångs skull slutat med arabisk seger, är en helt dominerade åsikt i arabiska medier. Al-Quds al-Arabi tillåter sig att drömma om att det israeliska nederlaget skall leda till massflykt från Israel. Men i nästa andetag påminner tidningen om att Israel aldrig brukar genomföra sina internationella åtaganden och varnar för att förlorarna, liksom tidigare, kan hämnas genom att provocera fram inbördeskrig i Libanon. Med tanke på de otaliga massmediala vittnesmålen om det libanesiska folkets eniga motståndskraft förefaller risken för inre stridigheter i det sargade landet just nu liten. Men visst kan man urskilja nyansskillnader i libanesiska tidningar. Vänsterorganet al-Safir uppfattar FN-resolutionen som en komplott i syfte att rädda Israel från ännu större...
Greenland – the world’s largest island, a continent of its own with only 57.000 inhabitants. I visited it for the first time in May 2005. I flew across the inland ice to Nuuk, the tiny capital with some 14.000 inhabitants. I was overwhelmed by the pride and kindness of everyone I met as well as by the unique natural beauty. Unfortunately, due to weather conditions during my ten-day stay I could get nowhere else but Nuuk. Fortunately, however, among those I met was Gitte Arvegaard, a Danish lawyer and negotiator employed by the local government, Greenland Home Rule. She turned out to be an enthusiastic photographer with a lot of pictures taken during various trips around Greenland. So this Greeland series is the result of our cooperative effort. We both hope you enjoy it and are stimulated to visit Greenland – about which you may read more here. Finally, if you want to...
p_mccartney_poem
 Jan Oberg’s storyof how he met Sir Paul Liverpool – where else to meet Paul McCartney? Paul’s old class mate and TFF Associate, Jonathan Power introduced me to Paul McCartney in Liverpool at an informal reception. It was held at what used to be their school, now the Liverpool Institute for Performing Arts and we were there to celebrate that Jonathan had written Amnesty International’s 40th Anniversary book. This happy event for “righting wrongs and writing songs” gave me an opportunity to meet Paul and tell him about TFF and get straight to the matter: would he consider making a donation in support of our work for peace? While I was probably the only one with such a wish that day, I was certainly not the only one who wanted to shake hands and talk with him. In the last minutes before Paul was to leave, Jonathan brought us together and we got about three...
Logo-Transnational
1942James Paul McCartney is born in Liverpool on June 18th. 1956Paul writes his first song, I Lost My Little Girl. 1957Paul meets John Lennon at St. Peter’s Church Fete, Woolton, Liverpool. He joins his first group, The Quarrymen and performs in his first gig at The New Clubmoor Hall, Liverpool, on October 18th. 1960Formation of The Beatles, who play residencies in Hamburg and at The Cavern in Liverpool. 1961First Beatles recordings issued in Germany, as the backing group for Tony Sheridan. 1962The first Beatles Parlophone recording, Love Me Do, reaches number 17 in the British charts. 1963The birth of Beatlemania. Please Please Me gives the group their first British Number 1. She Loves You cements their success. Please Please Me and With The Beatles albums released. 1964First triumphant American tour. The Beatles perform at the Royal Command Performance and release their first film, A Hard Day’s Night. Their single I...
Logo-Transnational
  Back to the series “Bujumbura, Burundi”
By JONATHAN POWER August 16, 2000 LONDON – Remember the summer of ’98? In the sweltering, torpid heat of a Roman august, charged with exhaust fumes, the international community gave its overwhelming approval to the establishment of an International Criminal Court that will enable those accused of “crimes against humanity” to be tried and, if convicted, sentenced. Only seven nations opposed or abstained from the motion, including Israel, China, India and the U.S.A. where the Pentagon had successfully waged bureaucratic guerrilla war to undermine the initially sympathetic stance of President Bill Clinton. Two years on we can now see what an epochal event that was. In a the stroke of 120 pens it changed the climate on political thuggery. After numerous half-starts and false starts ever since the Nuremberg and Tokyo trials that convicted the war criminals of the Second World War, the world at last had agreed en masse a common...