2012 - The Year of Humanity?
Dr. Ruwantissa Abeyratne
A book I recently read written by Professor Rudi G. Teitel, Professor
of Comparative Law at New York University entitled 'Humanity's Law' made
me wonder as to whether, following the surge of the Arab Spring and the
Occupy movements of 2011, this year would not be the Year of Humanity.
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A UN
Peacekeeper in Haiti. Pic. courtesy: Google |
Professor Teitel correctly observes in her book that the normative
foundation of international customary law has shifted in recent times
from a focus on the security of state to the security of the human.
United Nations Security Council Resolution 1973 which brought about NATO
strikes against the Libyan Forces calculated to protect Libyan civilian
protesters proved Teitel's point. Focus on the security of the human is
not new. During the Nuremberg trials following World War II which
inquired into Nazi Germany's atrocities during the Holocaust, Justice
Jackson stated: “Humanity need not supplicate for a tribunal in which to
proclaim its rights...humanity can assert itself by law. It has taken on
the robe of authority”.
Hugo Grotius, the Dutch jurist who lived in the 17th century, who is
known as the father of international law said that the principle that
the exclusiveness of domestic jurisdiction stops where outrage upon
humanity begins is the first authoritative statement of humanitarian
intervention. Three centuries later, United Nations Secretary General
Kofi Annan observed that there can be no global justice unless the worst
of crimes - crimes against humanity - are subject to the law.
International cooperation
At the heart of the problems caused by the commission of atrocities
by states is the misguided interpretation given by some states regarding
the notion of sovereignty. Again, it was Annan who said: “State
sovereignty, in its most basic sense is being redefined - not least by
the forces of globalization and international cooperation. States are
now widely understood to be instruments at the service of their peoples,
and not vice versa.” Annan goes on to say that state sovereignty, which
is a real and tangible right recognized by the United Nations Charter
has been strengthened further by a renewed and spreading consciousness
of individual rights.
Negotiating process
If the international community is to enforce the law of humanity as a
global set of rules, it has to step away from mere lip service and
ensure that norms are tightened and legal measures are implemented.
Whether it is Bosnia or Kosovo, or as in the current spate of atrocities
committed by one tribe against a sector of people in South Sudan,
endangered people should be assured of intervention and protection by
the community of nations. It is a human right to expect such protection,
as it is a human right to expect freedom from poverty, hunger and ill
health brought about by manmade and natural disasters.
It has been a fervent belief of mine that a Nation should not be
recognized only for its achievements but also for its compassion. This
applies to the community of nations as well. When the eighth Secretary
General of the United Nations, Ban ki-Moon commenced his tenure in early
2007, he brought with him his mission statement which is “promises
should be made for the keeping”.
In this context, one has to admit that The United Nations has used
quiet diplomacy to avert imminent conflicts. An example of this is the
deployment of a total of 63 Peace-Keeping Forces and observer missions
from its inception to date, by which the United Nations has been able to
restore calm to allow the negotiating process to go forward while saving
millions of people from becoming casualties of conflicts. There are
presently 16 active Peace-Keeping Forces in operation. Also, the UN
system has devoted more attention and resources to the promotion of the
development of human skills and potentials than any other external
assistance effort. The system's annual disbursements, including loans
and grants, amount to more than $ 10 billion. The UN Development
Programme (UNDP), in close cooperation with over 170 Member States and
other UN agencies, designs and implements projects for agriculture,
industry, education and the environment.
It supports more than 5,000 projects with a budget of $ 1.3 billion.
It is the largest multilateral source of grant development assistance.
The World Bank, at the forefront in mobilising support for developing
countries worldwide, has alone loaned $ 333 billion for development
projects since 1946. In addition, UNICEF spends more than $ 800 million
a year, primarily on immunisation, healthcare, nutrition and basic
education in 138 countries. Since adopting the Universal Declaration of
Human Rights in 1948, the United Nations has helped enact dozens of
comprehensive agreements on political, civil, economic, social and
cultural rights. By investigating individual complaints of human rights
abuses, the UN Human Rights Commission has focused world attention on
cases of torture, disappearance and arbitrary detention and has
generated international pressure to be brought on governments to improve
their human rights records.
United Nations Charter
However, what the world needed in 2011 and would probably need in
2012 is quicker action to protect citizens against atrocities, whether
committed by their own authorities or by segments of society. The
fundamental basis for action should be the tenets of the United Nations
Charter which says in simple terms that everyone has the right to live,
the right to be free and the right to personal safety. No one can be
someone else's slave. No one is to be hurt or to be punished in cruel or
humiliating ways. The law must be the same for everyone. The law must
protect everyone. People have the right to be protected by the courts,
so that their rights are respected. People cannot be arrested or sent
away from their country, unless it is for a very serious reason.
Everyone has the right to a fair trial. No one has the right to
interfere in other peoples’ lives, in their families, in their homes or
in their correspondence. People have the right of free movement within
their country. People have the right to leave any country, even their
own, and then return. No person or people shall have their nationality
taken away from them. This means everyone has the right to belong to a
nation. And they also have the right to change their nationality, if
they want to.
On this basis the international community must adopt a plan of action
that could pre-empt and prevent violence, torture and atrocities against
a society or segment thereof. Retrospective reconciliation or justice
simply will not do in the current context. The Holocaust, mass killings
in Ruanda and genocide in many parts of the world in the last century
should be an impetus to this initiative. After all this is, as Grotius
said, the first authoritative statement of humanitarian intervention.
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