HUMAN RIGHTS IN THE ‘WAR ON TERROR’
Since the 9/11 attacks and the ‘war on terror’, have human rights become a luxury that we can no longer afford, or must rights always remain a fundamental part of democratic politics since they define the boundary between individual freedom and government tyranny? This volume brings together leading international lawyers, policy-makers, activists and scholars in the field of human rights to evaluate the impact on human rights of the ‘war on terror’, as well as to develop a counter-terror strategy which takes human rights seriously. While some contributors argue that war is necessary in defence of liberal democracy, others assert that it is time to move away from the war model towards a new paradigm based upon respect for human rights, an internationally coordinated anti-terror justice strategy and a long-term political vision that can reduce the global tensions that generate a political constituency for terrorists.
Contents
List of Contributors page / ix
Acknowledgements / xv
Human Rights in the ‘War on Terror’ / 1
Richard Ashby Wilson
1 Order, Rights and Threats: Terrorism and Global Justice / 37
Michael Freeman
2 Liberal Security / 57
Fernando R. Teson
3 The Human Rights Case for theWar in Iraq: A Consequentialist View / 78
Thomas Cushman
4 Human Rights as an Ethics of Power / 108
John R. Wallach
5 How Not to Promote Democracy and Human Rights / 137
Aryeh Neier
6 War in Iraq: Not a Humanitarian Intervention / 143
Kenneth Roth
7 The Tension between Combating Terrorism and Protecting Civil Liberties / 157
Richard Goldstone
8 Fair Trials for Terrorists? / 169
Geoffrey Robertson
9 Nationalizing the Local: Comparative Notes on the Recent Restructuring of Political Space / 184
Carol J. Greenhouse
10 The Impact of Counter Terror on the Promotion and Protection of Human Rights: A Global Perspective / 209
Neil Hicks
11 Human Rights: A Descending Spiral / 225
Richard Falk
12 Eight Fallacies About Liberty and Security / 242
David Luban
13 Our Privacy, Ourselves in the Age of Technological Intrusions / 258
Peter Galison and Martha Minow
14 Are Human Rights Universal in an Age of Terrorism? / 295
Wiktor Osiatynski
15 Connecting Human Rights, Human Development, and Human Security / 308
Mary Robinson
16 Human Rights and Civil Society in a New Age of American Exceptionalism / 317
Julie A. Mertus
Index / 335
Human Rights in the ‘War on Terror’
Edited by
RICHARD ASHBY WILSON
University of Connecticut
Cambridge University Press
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Thomas Cushman is Professor of Sociology at Wellesley College. He is the author of numerous books and articles on topics ranging from cultural dissidence in Russia to the war in Bosnia and Hercegovina. He is the founding editor of Human Rights Review, and the founding editor and current editor-inchief of The Journal of Human Rights. Prof. Cushman wasMellon Foundation New Directions Fellow in 2002, and is a Faculty Associate at the Center for Cultural Sociology at Yale University. His most current work is an edited volume entitled A Matter of Principle: Humanitarian Arguments for the War in Iraq, University of California Press, 2005.
Richard Falk is the Albert G. Milbank Professor of International Law and Practice at Princeton University. His most recent books are The Great Terror War (2003), Religion and Humane Global Governance (2002) and Human Rights Horizons (2001). He served as Chairman of the Consultative Council, Lawyers’ Committee on American Policy Toward Vietnam (1967–75) and he has been a member of international panels of jurors addressing ‘Marcos’ Policies in the Philippines’, ‘The Armenian Genocide’, ‘Reagan’sWar Against Nicaragua’, ‘Nuclear Warfare’, ‘Puerto Rico: A History of Repression and Struggle’, and ‘Amazonia: Development and Human Rights’.
Michael Freeman is a Research Professor in the Department of Government at the University of Essex. He was the Deputy Director of the Human Rights Centre from 1989 to 1999 and the Director of the MA in the Theory and Practice of Human Rights from 1991 to 2002. In addition, he served as the Vice President of the Association of Genocide Studies and Chair of the Human (2002); Edmund Burke and the Critique of Political Radicalism (1980); Frontiers of Political Theory (co-Ed.) (1980); and Nationalism and Minorities (1995).
Peter Galison is the Mallinckrodt Professor of the History of Science and of Physics at Harvard University. In 1997, he was named a JohnD. and Catherine T. MacArthur Foundation Fellow; in 1999, he was a winner of the Max Planck Prize given by theMax Planck Gesellschaft andHumboldt Stiftung.His books include How Experiments End (1987), Image and Logic (1997) and Einstein’s Clocks, Poincare’s Maps (2003). In addition, he has instigated several projects examining the cross-currents between physics and other fields which include a series of co-edited volumes on the relations between science, art and architecture.
Richard Goldstone was appointed Justice of the Constitutional Court of South Africa in 1994 after the firstmultiracial elections. From August 1994 to September 1996 he served as the Chief Prosecutor of theUnited Nations International Criminal Tribunals for the former Yugoslavia and Rwanda. During 1998, he was the chairperson of a group of international experts who drafted a Declaration of Human Duties and Responsibilities for the Director General of UNESCO (the Valencia Declaration). From 1999 to 2001 he was the chairperson of the International Independent Inquiry on Kosovo. In 2001, he was appointed as the chairperson of the International Task Force on Terrorism established by the International Bar Association. He has been appointed by the Secretary-General of the United Nations to a three-person Committee of Inquiry into the Iraq Oil for Food Program headed by Paul Volcker.
Carol J. Greenhouse is a Professor of Anthropology at Princeton University. A cultural anthropologist, she has served as president of both the Law and Society Association and the Association for Political and Legal Anthropology, and has served as editor of American Ethnologist. Her major publications include Praying for Justice: Faith,Hope and Order in an American Town (1986), Law and Community in Three American Towns (1994, with David Engel and Barbara Yngvesson), A Moment’s Notice: Time Politics Across Cultures (1996) and edited volumes Democracy and Ethnography (1998) and Ethnography in Unstable Places (2002, with Elizabeth Mertz and KayWarren).
Neil Hicks is the Director of Human Rights First’s International Programs and Human Rights Defenders Program.He also created and runs the Human Rights First Middle East Initiative, a project to assist local human rights Rights Research Committee of the International Political Science Association defenders in the closed societies of the region. In 2000 and 2001, Mr.Hicks was a Senior Fellow in the Jennings Randolph Fellowship Program of the United States Institute of Peace in Washington, D.C. His forthcoming book is The Crisis of Human Rights Implementation in the Middle East, and he is the author of many reports and scholarly articles, including ‘Human Rights in Turkey, Some Legal Aspects’ in Human Rights Review (January 2002) and ‘Does Islamic Human Rights Activism Provide a Remedy to the Crisis of Human Rights Implementation in the Middle East?’ in Human Rights Quarterly (May 2002).
David Luban is the Frederick J. Haas Professor of Law and Philosophy at Georgetown University’s Law Center and Department of Philosophy. He received his B.A. fromUniversity of Chicago, and his M.A., M.Phil. and Ph.D. from Yale. His recent publications include The Ethics of Lawyers (Ed.), Legal Modernism and Legal Ethics (co-authored). Dr. Luban has been a Woodrow Wilson Graduate Fellow, a Guggenheim Fellow, a Danforth Fellow, a Keck FoundationDistinguished Senior Fellowin Legal Ethics and Professional Culture at Yale Law School and a Fellow of the Woodrow Wilson International Center for Scholars.
Julie A. Mertus is an Associate Professor of International Relations at American University, where she is also Co-Director of the Ethics, Peace and Global Affairs Program. Her books include Bait and Switch: Human Rights and U.S. Foreign Policy (2004); Kosovo: How Myths and Truths Started a War (1999); War’s Offensive Against Women: The Humanitarian Challenge in Bosnia, Kosovo, and Afghanistan (2000); The Suitcase: Refugees’ Voices from Bosnia and Croatia (1999); and Local Action/Global Change (1999, with Mallika Dutt and Nancy Flowers). She is presently completing a new text on U.N. Human Rights Mechanisms (2005), a revised English version of Local Action/Global Change, and a co-edited volume, Human Rights and Conflict (2005, with Jeffrey Helsing).
Martha Minow is theWilliamHenry Bloomberg Professor of Law atHarvard University, where she has taught since 1981. Her books include Breaking the Cycles ofHatred (2003); Partners, Not Rivals: Privatization and the Public Good (2003); Between Vengeance and Forgiveness: Facing History After Genocide and Mass Violence (1998); Not Only for Myself: Identity Politics and Law (1997); andMaking All the Difference: Inclusion, Exclusion, and American Law (1990). She served on the Independent International Commission on Kosovo and worked as an advisor to the U.N. High Commissioner for Refugees. She is (1997–2000).He is the author ofHumanRights: An Interdisciplinary Approach a member of the Harvard University Press Board, the Harvard Society of Fellows and the American Academy of Arts and Sciences.
Aryeh Neier spent twelve years as Executive Director of Human RightsWatch, of which he was a founder, before joining the Open Society Institute (OSI) and the Soros Foundations Network as president in September 1993. Prior to that, he worked for the American Civil Liberties Union for fifteen years, including eight as National Director. Neier is the author of six books: Dossier: The Secret Files They Keep on You (1975); Crime and Punishment: A Radical Solution (1976); DefendingMy Enemy: American Nazis in Skokie, Illinois, and the Risks of Freedom (1979); Only Judgment: The Limits of Litigation in Social Change (1982); War Crimes: Brutality, Genocide, Terror, and the Struggle for Justice (1998); and Taking Liberties: Four Decades in the Struggle for Rights (2003). He played a leading role in the establishment of the international tribunal to prosecute those responsible for war crimes and crimes against humanity in the former Yugoslavia.
Wiktor Osiatynski is a Professor at the Central European University, and also serves as counsel to the Open Society Foundation. Between 1991 and 1997, Osiatynski was a co-director of the Center for the Study of Constitutionalism in Eastern Europe at the Chicago Law School. Since 2001, he has been a member of Academic Council of the Riga School of Law. Dr. Osiatynski is also a Board member of the Open Society Institute, as well as of the Law and Human Rights and Public Health sub-Boards of the OSI Foundation network. He has written seventeen books, the majority of which address the comparative history of social and political thought. From 1990 to 1997, Dr. Osiatynski served as an advisor to a number ofConstitutionalCommittees of Poland’s Parliament, and he has been a co-editor of the East European Constitutional Review.
Geoffrey Robertson, QC, has appeared as counsel in many landmark trials and human rights appeals in Britain, Europe and the British Commonwealth. He has served for the past decade as a Recorder (part-time Judge) in London, and he is currently an Appeal Judge for the U.N.War Crimes Court in Sierra Leone, aswell as a visiting Professor inHuman Rights Lawat the University of London. His books include Crimes Against Humanity: The Struggle for Global Justice (2002); Media Law (2002); Freedom, the Individual and the Law (1994, 7th ed.); and The JusticeGame (1999).His book, The Tyrranicide Brief (Knopf 2005), is a study of how Cromwell’s lawyers prepared the first war crimes trial of a head of state. Hon. Robertson is a Master of the Middle Temple, has led a number of missions for Amnesty International and has received awards for his writing and broadcasting on human rights issues.
Mary Robinson was U.N. High Commissioner for Human Rights between 1997 and 2002. Mrs. Robinson came to the United Nations after a distinguished seven-year tenure as President of Ireland. She was the first Head of State to visit Rwanda in the aftermath of the 1994 genocide. She was also the firstHead of State to visit Somalia following the crisis there in 1992, receiving the CARE Humanitarian Award in recognition of her efforts for that country. Before her election as President in 1990, Mrs. Robinson served as Senator, holding that office for twenty years. In 1969, she became the youngest Reid Professor of Constitutional Law at Trinity College, Dublin. She was called to the bar in 1967, becoming a Senior Counsel in 1980, and a member of the English Bar (MiddleTemple) in 1973. She also served as amember of the International Commission of Jurists (1987–90) and the Advisory Commission of Inter-Rights (1984–90).
Kenneth Roth is the executive director of Human RightsWatch, a post he has held since 1993. The largest U.S.-based international human rights organization, Human Rights Watch investigates, reports on and seeks to curb human rights abuses in some seventy countries. Previously, Mr. Roth was a federal prosecutor for the U.S.Attorney’s Office for the Southern District of NewYork and the Iran-Contra investigation in Washington. He haswritten over seventy articles and chapters on a range of human rights topics in such publications as the New York Times, the Washington Post, Foreign Affairs, the International Herald Tribune and the New York Review of Books.
Fernando R. Teson is the Tobias Simon Eminent Scholar at the Florida State University College of Law. In addition, he serves as a permanent Visiting Professor, Universidad Torcuato Di Tella, Buenos Aires, Argentina. He is author of A Philosophy of International Law (1998) and Humanitarian Intervention: An Inquiry into Law andMorality (1997). Before entering academia, Professor Teson was a career diplomat for the Argentina Foreign Ministry in Buenos Aires for four years, and Second Secretary, Argentina Embassy in Brussels for two years. He resigned from the Argentine foreign service in 1981 to protest against the human rights abuses of the Argentine government.
John R.Wallach is Associate Professor of Political Science andActing Director of the Human Rights Program at Hunter College, CUNY. His areas of study include the history of political thought, democratic theory, human rights and the philosophyo f the social sciences. Prof.Wallachis the author of The Platonic Political Art: A Study of Critical Reason and Democracy (2001), and co-editor of Athenian Political Thought and the Reconstruction of American Democracy (1994). His most recent work is a book entitled Perspectives on Democratic Virtue: Toward a Critical Ethics of Equality and Power, forthcoming.
Richard Ashby Wilson is the Gladstein Chair of Human Rights, Professor of Anthropology and Director of the Human Rights Institute at the University of Connecticut. He is the author of Maya Resurgence in Guatemala (1995) and The Politics of Truth and Reconciliation in South Africa: Legitimizing the Post-Apartheid State (2001) and he has edited or co-edited four books: Low Intensity Democracy (1993); Human Rights, Culture and Context (1997); Culture and Rights (2001); and Human Rights in Global Perspective (2003). He was editor of the journal Anthropological Theory between 2001 and 2004 and presently serves on the editorial boards of Journal of Human Rights, Social Justice and the Journal of the Royal Anthropological Institute.
