THE WEAPONIZATION OF HUMAN RIGHTS

American lawyer, writer, historian, expert in the field of human rights and international law and retired high-ranking United Nations official.

The weaponization of human rights has transformed the individual and collective entitlement to assistance, protection, respect, and solidarity -- based on our common human dignity and equality -- into a hostile arsenal to target competitors and political adversaries. In the stockpile of weaponized human rights, the technique of "naming and shaming" has become a sort of ubiquitous Kalashnikov. Experience shows, however, that naming and shaming fails to alleviate the suffering of victims and only satisfies the strategic aims of certain governments, nongovernmental organizations, and of a burgeoning human rights industry that instrumentalize human rights for the purpose of destabilizing others and often enough to facilitate "regime change", regardless how undemocratic that may sound and notwithstanding the customary international law principle of non-intervention in the internal affairs of sovereign States

This strategy rests on the false premise that the "namer" somehow possesses moral authority and that the "named" will recognize this moral superiority and act accordingly. Theoretically, this could function if the "namer" were to practice "naming and shaming" in a non-selective manner and refrain from obvious doublestandards. Alas, the technique frequently backfires, because the "namer" has its own skeletons in the closet. This classical example of intellectual dishonesty usually stiffens the resistance of the "named", who will be even less inclined to take any measures to correct alleged violations.

Another technique of norm-warfare is what is termed "lawfare", whereby the "law" is used to subvert the rule of law, and international criminal law is instrumentalized to demonize certain leaders and not others. A self-respecting judge would not betray the profession by playing this kind of game but some do, and instead of safeguarding the ethos of the rule of law these politiized judges corrupt it (remember Roland Freisler's Volksgerichtshof!) thus undermining the credibility of the entire system.

The arsenal of weaponized human rights also includes non-conventional wars such as economic wars and sanctions regimes, ostensibly justified on the alleged human rights violations of the targeted State. The result is that, far from helping the victims, entire populations are held hostage victims not only of violations by their own governments, but also of "collective punishment" by the sanctioning State(s). This can entail crimes against humanity, when as a consequence food security is impacted, medicines and medical equipment are rendered scarce or are available only at exorbitant prices. Demonstrably, economic sanctions kill. Under certain conditions, "naming and shaming" involve further violations of human rights and the rule of law, contravening Arts. 6, 14, 17, 19 and 26 of the International Covenant on Civil and Political Rights, and could reach the threshold of what is termed "hate speech" (Art. 20) .

"Experience shows, however, that naming and shaming fails to alleviate the suffering of victims ."

Bottom line: "naming and shaming" is a thoroughly ineffective instrument of change. States and ngo's would do well to revisit Matthew VII, 3-5 and replace the obsolete "naming and shaming" technique by good faith proposals and constructive recommendations, accompanied by the offer of advisory services and technical assistance so as to concretely help the victims on the ground. Sowing honesty and friendship is best to reap cooperation and progress in human rights terms. What is most needed today is mature diplomacy, result-oriented negotiations, a culture of dialogue and mediation, instead of this petulant culture of grandstanding, intransigence and holier-than-thou pretense that help no one.