Humanitarian logics in the evolution of international society

Abstract

This paper argues that humanitarian logics have been integral to the constitution and historical evolution of international society and its primary institutions. Whilst Watson was chiefly interested in the raison de système which brought states together in the consolidation and preservation of an international society, he did not dedicate as much attention to how humanitarian concerns have historically been embedded in the structure of both statehood and international society. We introduce the concept of raison de l’humanité to capture this fundamental concern for protecting human lives, alleviating human suffering and mobilising compassion and solidarity in politics. We show how this raison de l’humanité has historically complemented and reinforced (rather than undermined) the workings of international society and its raison de système. We illustrate this argument by examining the humanitarian responsibilities historically associated with sovereignty and their contemporary expression in the responsibility to protect (R2P) doctrine. Instead of uncritically celebrating this raison de l’humanité as a universal and morally progressive force in global politics, however, this paper stresses the need to attend to the hierarchies, exclusions and sacrifices produced by appeals to humanity and humanitarian logics. Taking this raison de l’humanité seriously therefore requires tracing how throughout history, appeals to humanity have oscillated between solidarity and violence, inclusion and exclusion, equality and hierarchy. This brings us back, in turn, to Watson’s project of historical documentation of the varying workings of international society.

A Multi-Dimensional Approach to Impose Universal Jurisdiction in International Legal Practice

“…This moral portrayal of the R2P proves its validity in utilising other international law principles against atrocities. It frees the international community from political restrictions and requirements to intervene to protect human rights [32]. The latter is a need that the R2P prioritizes which enhances its impartial practice.…”

“…These proceedings were considered by the African Union (AU) a Western attempt to subjugate national judiciaries which endangers international security. 32 The AU condemned the political motivations of non-African judges who initiated prosecutions against African officials. The negative political consequences of these proceedings jeopardize the stability of the world legal order.…”

“…Accordingly, the AU argued that the ICC's warrant against Omar El-Beshir, the former Sudanese President, is null and void because it violated the principle of complementarity which makes the ICC's jurisdiction subsidiary to the Sudanese jurisdiction. 34 Hence, foreign jurisdictions should not initiate judicial proceedings against atrocities until domestic courts start 32 African Union Doc PSC.PR/COMM. (DXIX) Communiqué, Peace and Security Council 519th, 26 June 2015, para 6, https://papsrepository.africa-union.org/bitstream/handle/123456789/828/519.comm_en.pdf?sequence=1&isAllowed=y 33 The African Union Decision on the implementation of the Decisions on the International Criminal Court (ICC) Assembly/AU/Dec.419(XIX), 1.…”