2007 CHOICE Outstanding Academic Title In this seminal study, Bonny Ibhawoh investigates the links between European imperialism and human rights discourses in African history. Using British-colonized Nigeria as a case study, he examines how diverse interest groups within colonial society deployed the language of rights and liberties to serve varied socioeconomic and political ends. Ibhawoh challenges the linear progressivism that dominates human rights scholarship by arguing that, in the colonial African context, rights discourses were not simple monolithic or progressive narratives. They served both to insulate and legitimize power just as much as they facilitated transformative processes. Drawing extensively on archival material, this book shows how the language of rights, like that of "civilization" and "modernity," became an important part of the discourses deployed to rationalize and legitimize empire.

Since the end of the Cold War, the idea of human rights has been made into a justification for intervention by the world's leading economic and military powers—above all, the United States—in countries that are vulnerable to their attacks. The criteria for such intervention have become more arbitrary and self-serving, and their form more destructive, from Yugoslavia to Afghanistan to Iraq. Until the U.S. invasion of Iraq, the large parts of the left was often complicit in this ideology of intervention—discovering new “Hitlers” as the need arose, and denouncing antiwar arguments as appeasement on the model of Munich in 1938. Jean Bricmont’s Humanitarian Imperialism is both a historical account of this development and a powerful political and moral critique. It seeks to restore the critique of imperialism to its rightful place in the defense of human rights. It describes the leading role of the United States in initiating military and other interventions, but also on the obvious support given to it by European powers and NATO. It outlines an alternative approach to the question of human rights, based on the genuine recognition of the equal rights of people in poor and wealthy countries. Timely, topical, and rigorously argued, Jean Bricmont’s book establishes a firm basis for resistance to global war with no end in sight.

This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.

1 The dominant discourse

This book develops a philosophical conception of human rights that responds satisfactorily to the challenges raised by cultural and political critics of human rights, who contend that the contemporary human rights movement is promoting an imperialist ideology, and that the humanitarian intervention for protecting human rights is a neo-colonialism. These claims affect the normativity and effectiveness of human rights; that is why they have to be taken seriously. At the same time, the same philosophical account dismisses the imperialist crusaders who support the imperialistic use of human rights by the West to advance liberal culture. Thus, after elaborating and exposing these criticisms, the book confronts them to the human rights theories of John Rawls and Jürgen Habermas, in order to see whether they can be addressed. Unfortunately, they are not. Therefore, having shown that these two philosophical accounts of human rights do not respond convincingly to those the postco lonial challenges, the book provides an alternative conception that draws the understanding of human rights from local practices. It is a multilayer conception which is not centered on state, but rather integrates it in a larger web of actors involved in shaping the practice and meaning of human rights. Confronted to the challenges, this new conception offers a promising way for addressing them satisfactorily, and it even sheds new light to the classical questions of universality of human rights, as well as the tension between universalism and relativism.

Erudite and timely, this book is a key contribution to the renewal of radical theory and politics. Douzinas, a leading scholar and author in the field of human rights and legal theory, considers the most pressing international questions surrounding the legacy and contemporary role of human rights.

To what extent do a state's obligations under the European Convention on Human Rights apply beyond its territorial borders? Are soldiers deployed on overseas operations bound by the human rights commitments of their home state? What about other agents, like the police or diplomatic and consular services? If a state's obligations do apply abroad, are they to be upheld in full or should they be tailored to the situation at hand? Few topics have posed more of a challenge for the European Court of Human Rights than this issue of the Convention's extraterritorial application. This book provides a novel understanding on why this is by looking at the behaviour of those principally tasked with interpreting the treaty: the Strasbourg Court, state parties, and national courts. It offers a theory for how these communities operate: what motivates, constrains and ultimately shapes their interpretive practices. Through a detailed analysis of the jurisprudence, with a particular focus on British authorities and judges during and after the Iraq War (2003), the book provides an explanation of how the interpretation of extraterritorial obligations has developed over time and how these obligations are currently understood. Some have argued that it is imperialistic to apply the Convention extraterritorially. If this is the case, the focus of this book is on those 'imperialists' who have interpreted European human rights law to extend beyond a state's borders, as it is with them that any lasting solution to the challenge will be found.

Globalization, interdisciplinarity, and the critique of the Eurocentric canon are transforming the theory and practice of human rights. This collection takes up the point of view of the colonized in order to unsettle and supplement the conventional understanding of human rights. Putting together insights coming from Decolonial Thinking, the Third World Approach to International Law (TWAIL), Radical Black Theory and Subaltern Studies, the authors construct a new history and theory of human rights, and a more comprehensive understanding of international human rights law in the background of modern colonialism and the struggle for global justice. An exercise of dialogical and interdisciplinary thinking, this collection of articles by leading scholars puts into conversation important areas of research on human rights, namely philosophy or theory of human rights, history, and constitutional and international law. This book combines critical consciousness and moral sensibility, and offers methods of interpretation or hermeneutical strategies to advance the project of decolonizing human rights, a veritable tool-box to create new Third-World discourses of human rights.

Do so-called universal human rights apply to indigenous, formerly enslaved and colonized peoples? This trenchant book brings human rights into conversation with the histories and afterlives of Western colonialism and slavery. Colin Samson examines the paradox that the nations that credit themselves with formulating universal human rights were colonial powers, settler colonists and sponsors of enslavement. Samson points out that many liberal theorists supported colonialism and slavery, and how this illiberalism plays out today in selective, often racist processes of recognition and enforcement of human rights. To reveal the continuities between colonial histories and contemporary events, Samson connects British, French and American colonial theories and practice to the notion of non-universal human rights. Vivid illustrations and case studies of racial exceptions to human rights are drawn from the afterlives of the enslaved and colonized, as well as recent events such as American police killings of black people, the treatment of Algerian harkis in France, the Windrush scandal in Britain and the militarized suppression of the Standing Rock Water Protectors movement. Advocating for reparative justice and indigenizing law, Samson argues that such events are not a failure of liberalism so much as an inbuilt racial dynamic of it.

From a noted historian and foreign-policy analyst, a groundbreaking critique of the troubling symbiosis between Washington and the human rights movement The United States has long been hailed as a powerful force for global human rights. Now, drawing on thousands of documents from the CIA, the National Security Council, the Pentagon, and development agencies, James Peck shows in blunt detail how Washington has shaped human rights into a potent ideological weapon for purposes having little to do with rights—and everything to do with furthering America's global reach. Using the words of Washington's leaders when they are speaking among themselves, Peck tracks the rise of human rights from its dismissal in the cold war years as "fuzzy minded" to its calculated adoption, after the Vietnam War, as a rationale for American foreign engagement. He considers such milestones as the fight for Soviet dissidents, Tiananmen Square, and today's war on terror, exposing in the process how the human rights movement has too often failed to challenge Washington's strategies. A gripping and elegant work of analysis, Ideal Illusions argues that the movement must break free from Washington if it is to develop a truly uncompromising critique of power in all its forms.