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Reading Humanitarian Intervention:
Human Rights and the Use of Force in International Law. By Anne Orford.
Cambridge: Cambridge University Press, 2003. Pp. 243. $75.00, cloth.
The memory of Rwanda, Bosnia, and East Timor serve, for most, as a
call to armsa justification for a strengthened international community
able and willing to intervene militarily to protect victims of human rights
abuses. For law professor Anne Orford, these same events tell a different
story; they suggest the need to eschew humanitarian interventions flawed
logic and to re-imagine the dialogue between international institutions and
human rights victims. Employing critical race studies, post-colonial critiques,
and feminist readings, Orford argues both that the way in which intervention is
narrated confines the revolutionary potential within human rights discourse,
and that the meaning attached to intervention in legal texts preserves an
unjust and exploitative status quo. As such, intervention promotes paternalism,
dependence, colonial fantasies, and traditional gender stereotypes.
Orford is unflinching in her criticism of the motivations that
inspire the postCold War eras penchant for militarism in response
to human rights crises. She interprets intervention as another form of imperial
domination rather than a means to self-determination and democracy. Like the
less subtle but no less insidious colonialism before it, intervention is
constitutive to the identity of the West as benevolent civilizers
intent on recreating the other into its own image.
The imperial narrative of intervention appropriates the moral
imperative inherent in images of suffering peoples to reinforce colonial and
gendered stereotypesthe international community is the male hero,
empowered to save the helpless female local victims. Likewise, post-crisis
reconstruction entails the fatherly West parenting the child-like victim
peoples, schooling them in Western democracy, often governing for them until
they have proven their ability to handle self-determination responsibly.
This heroic narrative is especially pernicious because it obscures
the causes of local violence and the full purpose of the international
communitys intervention. For Orford, Rwanda stands not for the
Wests failure to intervene quickly but for the violent results of the
Wests previous economic intervention. Orford argues persuasively that
Rwandas centralized, well-organized government was enabled by the
international communitys economic investments and supported by foreign
aid despite its horrific human rights abuses; this in turn created the
preconditions that made genocide possible. For the international community to
then embrace the role of savior in the wake of local violence, assigning guilt
to local populations and implying its own innocence, is the height of
hypocrisy.
Similarly, while reconstruction efforts operate ostensibly to
confer self-determination, Orford suggests that the post-crisis experience of
East Timor demonstrates that such rhetoric veils the true intent of the
international communityto make the region secure for foreign investment.
Consequently, where self-determination conflicts with the World Banks
economic reform, the will of international institutions preempts the will of
the people, furthering economic exploitation and colonial paternalism.
The heroic narrative thus does violence to the reality that the
international community is complicit in local crises, and that its aims in
intervention and reconstruction are deeply ambivalent. The simple schema of
vicious local tyrants, helpless local victims, and noble foreign heroes is, for
Orford, a Western narrative designed to create a sense of self for the
civilized world by locating the self outside of the space of
violence to which the other is relegated. Inasmuch as intervention is viewed as
essentially humanitarian, it forecloses the possibility of dissent, of
exploring alternative modes of responding to human rights abuse. This pleasant
glaze in which international intervention is bathed precludes criticism of the
international communitys complicity, thereby allowing violence to repeat
itself. In other words, the solution to the Rwandan genocide
flows from the definition of the problem. If the genocide resulted from
the failure of the international community to apply international law to a
rogue state, then stronger, more interventionist international institutions are
needed; if, as Orford contends, the genocide was partly a natural consequence
of foreign economic investment, then the solution is less intervention, not
more.
Throughout her incisive prose, Orford essentially claims that
humanitarian intervention has little to do with the victims of human rights
abuse and much more to do with the identity and prosperity of the international
community. Orfords critique holds weight. Her arguments are laced with
disturbing factual evidence of the international communitys pre-crisis
complicity in human rights abuses, hesitation to confer self-determination to
the objects of its intervention, and economic opportunism at the expense of
victim peoples. She effectively illumines some of the theoretical deficiencies
that plague the foundation of modern interventionist literature and action and
documents how they play out, to destructive effect, in humanitarian
intervention.
Yet while Orfords deconstructionist project finds resonance,
her brief constructive plan rings hollow. At the close of the book, Orford
takes eight pages (of two hundred nineteen) to sketch a way of thinking about
human rights that would not suffer from the ailments of the heroic
interventionist narratives. Here, her suggestions leave the reader crestfallen.
Perhaps because of the efficacy of her devastating critique, one expects,
indeed needs, a sounder solution than vague notions of an attempt to
build a body politic based on the recognition of difference and the desire to
grant rights to the other and an internationalism that is not
founded upon fear of the other, but rather on an attempt to imagine new forms
of universalism.
To be fair to Orford, Reading Human Rights may not be
intended to offer a programmatic alternative. Such is the luxury of academia,
but the strength of her critical insight begs a stronger solution. Orford as
theoretical critic excels; Orford as human rights practitioner stumbles. While
it is right to chastise the international community for the manner of its
intervention, it is inadequate to disregard suffering peoples pleas for
help. As Orford says herself, a third way must be found between unreflective
militaristic intervention and inaction. While the theoretical foundation for
that third way may be found in this book, its practical formation is absent.
Nonetheless, Orfords important work asks questions too often obscured,
the answers to which have the potential to create a more just, less violent
means of protecting human rights.
Stephen George
Copyright © 2004 by the President
and Fellows of Harvard College Harvard Human Rights Journal / Vol. 17,
Spring 2004 |
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