Abstract
We argue that the post-9/11 environment has amounted to a substantive change in the longstanding United States relationship with the international human rights regime. We identify three distinct phases of that relationship, noting that in the most recent phase, since 9/11, the US has moved from passive support of the international human rights regime to a direct attack of that regime. Realist and liberal regime theories suggest that the human rights regime is relatively weak, and is unlikely to withstand such an attack. We find that the regime has not only continued to persist, but has flourished even as US support has faltered. The human rights regime is surprisingly strong. We argue it is the ideological nature of the regime that explains its resilience, which suggests that constructivist theory is necessary to fully understand the human rights regime.
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Notes
Regimes clearly exist, and as others have pointed out, it is difficult to explain why states invest significant resources in institutions if they, in fact, do not matter (Keohane and Martin 1995).
A discussion of the evolution of the human rights regime is found below.
In this regard, the human rights regime is no different than other international regimes. The strongest regimes do not have universal international adoption or support, nor do they have unconditional and continuous support among their advocates. The long standing exceptions to the international trade regime with regard to agriculture, provides an example of the former, whereas the steel tariff passed by the United States in 2002 is an example of the later.
See Strange (1983) for a critique of regimes.
A review of the debate of how to define regimes is beyond the scope of this article but see Brzoska (1992), Hasenclever et al. (1997), Keohane (1984, 1998), Krasner (1983), Kratochwill and Ruggie (1986), Puchala and Hopkins (1982), Ruggie (1975), Strange (1983), and Young (1980). The Krasner definition has garnered general consensus within the literature.
See Keohane (1998) for a complete discussion of these events.
The human rights regime is so far ranging that a complete exploration of all of its elements is beyond the scope of this article. While a summary of the major elements is warranted, it should be noted that this list is not comprehensive and numerous regional and national laws and organizations not listed here constitute significant components of the regime.
It should be noted that the United States was also at the forefront of promoting human rights internationally prior to World War II. In his “Fourteen Points,” President Woodrow Wilson advocated self-determination as part of his plan to make the “world safe for democracy.” His idea of an international body designed to promote peace came to fruition in the League of Nations, albeit without American participation. Nonetheless, human rights were addressed in the League of Nations as the organization sought to protect marginalized groups in the form of minority rights and those living in mandated territories as well as labor rights (Forsythe 1989).
The United States met with its allies at Dumbarton Oaks in 1944, Yalta in 1945, and finally in San Francisco in 1945 for the purpose of creating what would become the UN.
Forsythe (2000) argues that this period represents a regime without hegemonic leadership due to increasing domestic opposition to human rights. We contend that US leadership, though weakened, remained due to its strong ideological bond to human rights, and its continued rhetorical support for many of the values of the regime.
The US ratified the Convention against Torture in 1994.
This evidence is based on a study conducted by the Detainee Abuse and Accountability Project (Mertus and Tanzreena 2007).
We accessed the Washington Post article online on the Common Dreams News Center available at: www.commondreams.org/headlines02/1226–03.htm.
The Washington Post posted a 2002 memo from Assistant Attorney General Jay Bybee on its website at www.washingtonpost.com/wp-srv/politics/documents/cheney/torture_memo_aug2002.pdf. A March 2003 memo entitled “Detainee Interrogations in the Global War on Terrorism: Assessment of Legal, Historical, Policy, and Operational Considerations” can be found at: news.findlaw.com/wp/docs/torture/30603wgrpt2.html. The New York Times reported additional memos in 2005.
The Krauthammer article “The Truth about Torture” is available at: www.weeklystandard.com/Content/Public/Articles/000/000/006/400rhqav.asp?pg=1.
The Democracy Now interview of Louise Arbour is available at: www.democracynow.org/2007/9/7/un_high_commissioner_for_human_rights.
References
Adler, Emanuel. 1991. “Cognitive Evolution: A Dynamic Approach for the Study of International Relations and their Progress.” In Progress in Postwar International Relations, ed. Emanuel Adler. New York: Columbia University Press.
Amnesty International. 2009. Figures on the Death Penalty. (www.amnesty.org/en/death-penalty/numbers).
Arbour, Louise. 2007. Interview with Democracy Now on September 7, 2007. (www.democracynow.org/2007/9/7/un_high_commissioner_for_human_rights).
Brown, Seyom. 2000. Human Rights in World Politics. New York: Addison Wesley Longman.
Brysk, Alison. 1993. “From Above and Below: Social Movements, the International System, and Human Rights in Argentina.” Comparative Political Studies 26:259–285.
Brzoska, Michael. 1992. “Is the Nuclear Non-Proliferation System a Regime? a Comment on Trevor McMorris Tate.” Journal of Peace Research 29:215–220.
Checkel, Jeffrey T. 1998. “The Constructivists Turn in International Relations Theory.” World Politics 50:324–348.
Czempiel, Ernst-Otto. 1981. Internationale Politik: Ein Konflicktmodell. Paderborn: Schöningh.
Dershowitz, Alan M. 2002. “Want to torture? Get a warrant.” San Francisco Chronicle 22 January. (www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/01/22/ED5329.DTL).
Donnelly, Jack. 1986. “International Human Rights: A Regime Analysis.” International Organization 40:599–642.
Donnelly, Jack. 2003. Universal Human Rights in Theory and Practice. Ithaca: Cornell University Press.
Dorsey, Ellen. 2000. “U.S. Foreign Policy and the Human Rights Movement.” In The United States and Human Rights, ed. David P. Forsythe. Lincoln and London: University of Nebraska Press.
Efinger, Mandred and Michael Zürn. 1990. “Explaining Conflict Management in East-West Relations: A Quantitative Test of Problem-Structural Typologies.” In International Regimes in East-West Politics, ed. Volker Rittberger. London: Pinter.
Evans, Tony. 1996. US Hegemony and the Project of Universal Human Rights. New York: St. Martin’s Press.
Farer, Tom J. 1992. “The United Nations and Human Rights: More than a Whimper, Less than a Roar.” In Human Rights in the World Community: Issues and Actions, ed. Richard P. Claude and Burns H. Weston. Philadelphia: University of Pennsylvania Press.
Forsythe, David P. 1989. Human Rights and World Politics. Lincoln: University of Nebraska Press.
Forsythe, David P. 2000. Human Rights in International Relations. Cambridge: Cambridge University Press.
Gilpin, Robert. 1981. War and Change in World Politics. Princeton: Princeton University Press.
Gilpin, Robert. 1987. The Political Economy of International Relations. Princeton: Princeton University Press.
Harrelson-Stephens, Julie and C.F. Abel. 2006. “Bureaucratizing Torture.” Paper presented at Public Administration and Theory Network, Olympia.
Hasenclever, Andreas, Peter Mayer, and Volker Rittberger. 1996. “Interests, Power, Knowledge: The Study of International Regimes.” International Studies Review 40:177–228.
Hasenclever, Andreas, Peter Mayer, and Volker Rittberger. 1997. Theories of International Regimes. Cambridge: Cambridge University Press.
Howard-Hassmann, Rhoda E. 2005. “The Second Great Transformation: Human Rights Leap-Frogging in the Era of Globalization Pursuing Global Justice.” Human Rights Quarterly 27:1–40.
Human Rights Watch 2004. “The Road to Abu Graib.” 8 June. (www.hrw.org/en/node/12123/section/1).
Katzenstein, Peter J. 1996a. The Culture of National Security: Norms and Identity in World Politics. New York: Columbia University Press.
Katzenstein, Peter J. 1996b. Cultural Norms and National Security: Police and Military in Postwar Japan. Ithaca: Cornell University Press.
Keck, Margaret and Kathryn Sikkink. 1998. Activists Beyond Borders: Advocacy Networks in International Politics. Cornell: Cornell University Press.
Keohane, Robert O. 1983. “The Demand for International Regimes.” In International Regimes, ed. S. D. Krasner. Ithaca: Cornell University Press.
Keohane, Robert O. 1984. After Hegemony: Cooperation and Discord in the World Political Economy. Princeton: Princeton University Press.
Keohane, Robert O. 1998. “International Institutions: Can Interdependence Work?” Foreign Policy 110:82–96.
Keohane, Robert O., and Joseph S. Nye, Jr. 1977. Power and Interdependence: World Politics in Transition. Boston: Little, Brown.
Keohane, Robert O., and Lisa L. Martin. 1995. “The Promise of Institutionalist Theory.” International Security 20:39–51.
Kindleberger, Charles. 1981. “Dominance and Leadership in the International Economy: Exploitation, Public Goods, and Free Rides.” International Studies Quarterly 25:242–254.
Krasner, Stephen D. 1982. “Structural Causes and Regime Consequences: Regimes as Intervening Variables.” International Organization 36:185–205.
Krasner, Stephen D., ed. 1983. International Regimes. Ithaca: Cornell University Press.
Kratochwil, Friedrich. 1989. Rules, Norms, and Decisions. Cambridge: Cambridge University Press.
Kratochwil, Friedrich., and John Gerard Ruggie. 1986. “International Organization: The State of the Art.” International Organization 40:753–775.
Krauthammer, Charles. 2005. “The Truth about Torture: It's Time to be Honest about Doing Terrible Things.” The Weekly Standard 5 December. (www.weeklystandard.com/Content/Public/Articles/000/000/006/400rhqav.asp?pg=1).
Massimino, Elisa. 2004. “Leading by Example.” Criminal Justice Ethics, Winter/Spring.
McKeown, Timothy. 1983. “Hegemonic Stability Theory and 19th Century Tariff Levels in Europe.” International Organization 37:73–91.
Mertus, Julie, and Tazreena Tanzreena. 2007. “Human Rights Post-September 11.” In Exploring International Human Rights: Essential Readings, ed. Rhonda L. Callaway and Julie Harrelson-Stephens. Boulder: Lynne Rienner Press.
Nye, Joseph. 1990. Bound to Lead: The Changing Nature of American Power. New York: Basic Books.
Pease, Kelly-Kate. 2003. International Organizations: Perspectives on Governance in the Twenty-First Century. New Jersey: Prentice Hall.
Priest, Dana, and Barton Gellman. 2002. “‘Stress and Duress’ Tactics used on Terrorism Suspects Held in Secret Overseas Facilities.” Washington Post 26 December.
Puchala, Donald J., and Raymond F. Hopkins. 1982. “International Regimes: Lessons from Inductive Analysis.” International Organization 26:245–275.
Putnam, Robert. 1988. “Diplomacy and Domestic Politics: the Logic of Two-Level Games.” International Organization 42:427–61.
Risse, Thomas, and Kathryn Sikkink. 1999. “The Socialization of International Human Rights Norms into Domestic Practices: An Introduction.” In The Power of Human Rights: International Norms and Domestic Change, ed. Thomas Risse, Stephen C. Ropp, and Kathryn Sikkink. Cambridge: Cambridge University Press.
Risse, Thomas, Stephen C. Ropp, and Kathryn Sikkink. 1999. The Power of Human Rights: International Norms and Domestic Change. Cambridge: Cambridge University Press.
Rochester, J. Martin. 1986. “The Rise and Fall of International Organizations as a Field of Study.” International Organization 40:777–813.
Roth, Kenneth. 2004. “Time to Stop ‘Stress and Duress’.” The Washington Post Page A29. (www.washingtonpost.com/wp-dyn/articles/A22623–2004May12.html).
Roosevelt, Franklin D. 1941. “Annual Message to Congress” June 6. (www.fdrlibrary.marist.edu/4free.html).
Ruggie, John Gerard. 1975. “International Responses to Technology: Concepts and Trends.” International Organization 29:557–583.
Sikkink, Kathryn. 1993. “The Power of Principled Ideas: Human Rights Policies in the United States and Western Europe.” In Ideas and Foreign Policy: Beliefs, Institutions, and Political Change, ed. Judith Goldstein and Robert O. Keohane. Ithaca and London: Cornell University Press.
Snidal, Duncan. 1985. “The Limits of Hegemonic Stability Theory,” International Organization 39:579–614.
Strange, Susan. 1983. “Cave! Hic Dragones: A Critique of Regime Analysis.” In International Regimes, ed. Stephen Krasner. Ithaca: Cornell University Press.
Tate, Trevor McMorris. 1990. “Regime-building in the Non-Proliferation Regime.” Journal of Peace Research 27:399–414.
Young, Oran. 1980. “International Regimes: Problems of Concept Formation.” World Politics 32:331–356.
Young, Oran. 1986. “International Regimes: Toward a New Theory of Institutions.” World Politics 39:104–122.
Young, Oran. 1989. “The Politics of International Regime Formation: Managing Natural Resources and the Environment.” International Organization 43:349–376.
Wendt, Alexander.1992. “Anarchy is What States Make of It: The Social Construction of Power Politics.” International Organization 46:391–425.
Wendt, Alexander.1995. “Constructing International Politics.” International Security 20:71–81.
WorldPublicOpinion.org. 2008. “World Public Opinion on Torture: Country by Country Results.”(www.worldpublicopinion.org/pipa/pdf/jun08/WPO_Torture_Jun08_countries.pdf).
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Harrelson-Stephens, J., Callaway, R.L. “The Empire Strikes Back”: The US Assault on the International Human Rights Regime. Hum Rights Rev 10, 431–452 (2009). https://doi.org/10.1007/s12142-009-0127-1
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DOI: https://doi.org/10.1007/s12142-009-0127-1