... its Human Rights Council—or even the United Nations itself. Realists would not use moral arguments to oppose military interventions, but they can become tactical allies on a case-by-case basis. All content on the website is published under the following Creative Commons License, Copyright © — E-International Relations. This is what Stammers (2009) refers to as the ‘paradox of institutionalisation’, or what Koskenniemi calls the ‘colonisation of political culture by a technocratic language’ (1999, 99). On the one hand, international law is based on states’ will and has the virtue of concreteness, but when it is too closely related to actual state practice, and fails to create new obligations for states, it becomes ‘apologetic’ of existing power, providing an excuse or a justification for it. Oxon: Routledge. The dialogue is not only possible with authors long gone, like E. H. Carr, who adopted an ambivalent position about the marriage between ideals and power: ‘The characteristic vice of the utopian is naivety; of the realist, sterility’ (Carr 2001, 12). The first section introduces the conventional view according to which realism, with its focus on the state, material power and international anarchy, would dismiss the idea that human rights could matter at all in global politics. Schmitt, Carl. 1999. In fact, the liberal institutionalists focus on human nature, while the commercial pacifists emphasize domestic society, and last but not least the liberal internationalists concentrate on the interstate system. But if we’re honest, we have to admit that almost all social science theories aren’t especially powerful and that the available evidence for assessing them is often ambiguous or mixed. The English School accepted the realist premise of the logic of anarchy, but claimed that an international society can emerge out of that anarchy. This discourse is still very vivid today, and within it some have justified the use of torture against presumed terrorists, advocated the restriction of the freedom of movement of foreigners, and came up with a new category of fighter, the so-called enemy combatant, to whom international humanitarian law would not apply. And Afghanistan?)”. Studying Human Rights. Review of International Studies 16(4): 285–303. 2014. “Why Is American So Bad at Promoting Democracy in Other Countries?”. Kennan, George. Since the 1990s, liberal interventionism has taken hold within a big part of the global human rights community. Morgenthau, Hans. Not that far from classical realism, in the English School terminology, IHRL can be seen as the product of a political tension between a certain idea of international order, defended by some states, and a certain view of global justice, advocated by independent UN experts, scholars and NGOs. This was basically the idea put forward by Hedley Bull and the first generation of the English School of the 1960s and 70s, which Fred Halliday (1992, 438) liked to call ‘English Realism’. Atty. Realism advises prudence in the use of military force. Available worldwide in paperback on Amazon (UK, USA, Ca, Ger, Fra), in all good book stores, and via a free PDF download. Goldsmith, Jack, and Posner, Eric. 2014. Just as liberal institutionalism developed to challenge the dominance of realism in IR from the 1950s onwards, so legal positivism was challenged by the emerging legal process school from the 1940s onwards. Yet, he did not dismiss ideals and morality entirely. Koskenniemi, Martti. “Positivism, Functionalism, and International Law”. One might add George Kennan or Henry Kissinger to that list, as both are normally thought of as “realists” and virtually all their published work appears with a single byline. Taking functional equality as a given, realists are particularly interested in the balance of power. As noted by Rosenberg (1990, 299), realists grow stronger when criticised on ethical grounds, because such criticism gives realism the opportunity to proclaim its alleged value-free condition. Krasner, Stephen. In Our Own Best Interest: How Defending Human Rights Benefits Us All. Oxford: Oxford University Press. For example, Michael Ignatieff (2003), who had been part of the group of experts that came up with the idea of R2P, publicly defended US and British intervention in Iraq on humanitarian grounds. The enemy manages to get into the political sphere but remains outside the legal one. Order is not necessarily states’ only goal, but it must outdo justice insofar as its maintenance is the primary goal. Mearsheimer, John. Bull defined order as ‘a pattern that leads to a particular result, an arrangement of social life such that it promotes certain goals or values’ (2002, 3-4). “What’s the Matter with Realism?”. Halliday, Fred. 400 B.C.E.) For him, international law in general, and IHRL in particular, is a double-edged sword that serves two opposite purposes at once, ‘from Apology to Utopia’, as the title of his book goes. You know: kind of the way realists think about international politics. Human rights groups have already voiced serious concerns about the plan to move thousands of refugees to an uninhabited island. For some R2P-promoters, this global responsibility would outplay other legal obligations, including the procedural requirements of Chapter VII of the UN Charter, which regulates when and how the UN Security Council can decide on the deployment of armed forces to restore international peace and security. Liberals assume that the legal system regulates behaviour within the political system as a whole. Liberal interventionists were also behind the idea of the ‘Responsibility to Protect’ (R2P), initially formulated by an independent group of experts gathered in Canada (ICISS 2001), and partly embraced later in the UN World Summit Outcome of 2005 (UN General Assembly 2005, A/RES/60/1, para. Well-known contemporary realists have also made the case, albeit feebly, to let human rights into the equation of hard politics. 2008. At the very least, Schmitt should be read by human rights defenders to get a grip of the discourse that rapidly spread throughout Western countries after September 2001. The Atlantic 317(3): 70–90. In short, realists appear to view the academic enterprise as a “self-help” system, where each scholar toils on his or her own and where scholarly standing is mostly the result of individual achievement. Resolution 60/1. Secondly, realism advises restraint in the use of military force, leading potentially to better human rights outcomes. For realists, normative values and international regimes do not have power in themselves. ... many of the most prominent liberal … After all, IHRL is an international regime made of normative values. And adjacent to realism, we can conceptualise IHRL as the product of a political tension between order and justice in international society. This paper is not denying that realists are sceptical of normative values in global politics. The EU and Human Rights, edited by Philip Alston, 99–116. For Michael Freeman (2002, 131), for example, ‘realism can explain the neglect of human rights by states, but it can explain neither the introduction nor the increasing influence of human rights in international relations’. Ditto Bruce Russett, Michael Doyle, Martha Finnemore, John Ikenberry, Richard Rosecrance, Thomas Risse, and Kathryn Sikkink. Oxford: Oxford University Press. 2005. How business interests prevent Lebanon from rebuilding its infrastructure, government, and economy. 2001. Campaigns may lose out if they depend too much on international treaties drafted and negotiated by powerful elites, court rulings concerning individuals and perhaps even isolated cases, and well-intentioned reports by unaccountable UN experts published in Geneva or New York. I. Krasner, Stephen. I also believe realists have a hard time explaining why states agree to the creation of independent human rights bodies they have no control over, as weak as these bodies are. Bull sees an international society ‘when a group of states, conscious of certain common interests and common values, form a society in the sense that they conceive themselves to be bound by a common set of rules in their relations with one another, and share in the working of common institutions’ (2002, 13). ), but they would not necessarily feel obliged to share the interpretation of these bodies, which is likely to be inspired by a loose idea of global justice more so than by international order. One that favors cooperation, multilateralism, and globalization; and another one that inclines towards nationalism and isolationism, while being skeptical of international institutions. In their view, it is unwise to judge other states’ actions from a moral perspective (Morgenthau 1979; Kennan 1985). 2005. The lessons from Iraq and Libya do however suggest a change in course. Taken hold within a big part of the use of military force never intended to.! 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