Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror.
Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.
The American commitment to international human rights emerged in the 1970s not as a logical outgrowth of American idealism but as a surprising response to national trauma, as Barbara Keys shows in this provocative history. Reclaiming American Virtue situates this novel enthusiasm as a reaction to the profound challenge of the Vietnam War and its tumultuous aftermath. Instead of looking inward for renewal, Americans on the right and the left alike looked outward for ways to restore America’s moral leadership.
Conservatives took up the language of Soviet dissidents to resuscitate a Cold War narrative that pitted a virtuous United States against the evils of communism. Liberals sought moral cleansing by dissociating the United States from foreign malefactors, spotlighting abuses such as torture in Chile, South Korea, and other right-wing allies. When Jimmy Carter in 1977 made human rights a central tenet of American foreign policy, his administration struggled to reconcile these conflicting visions.
Yet liberals and conservatives both saw human rights as a way of moving from guilt to pride. Less a critique of American power than a rehabilitation of it, human rights functioned for Americans as a sleight of hand that occluded from view much of America’s recent past and confined the lessons of Vietnam to narrow parameters. It would be a small step from world’s judge to world’s policeman, and American intervention in the name of human rights would be a cause both liberals and conservatives could embrace.
The International Gay and Lesbian Human Rights Commission (IGLHRC) was founded in 1990 as the first NGO devoted to advancing LGBT human rights worldwide. How, this book asks, is that mission translated into practice? What do transnational LGBT human rights advocates do on a day-to-day basis and for whom? Understanding LGBT human rights claims is impossible, Ryan R. Thoreson contends, without knowing the answers to these questions.
In Transnational LGBT Activism, Thoreson argues that the idea of LGBT human rights is not predetermined but instead is defined by international activists who establish what and who qualifies for protection. He shows how IGLHRC formed and evolved, who is engaged in this work, how they conceptualize LGBT human rights, and how they have institutionalized their views at the United Nations and elsewhere. After a full year of in-depth research in New York City and Cape Town, South Africa, Thoreson is able to reconstruct IGLHRC’s early campaigns and highlight decisive shifts in the organization’s work from its founding to the present day.
Using a number of high-profile campaigns for illustration, he offers insight into why activists have framed particular demands in specific ways and how intergovernmental advocacy shapes the claims that activists ultimately make. The result is a uniquely balanced, empirical response to previous impressionistic and reductive critiques of Western human rights activists—and a clarifying perspective on the nature and practice of global human rights advocacy.
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