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Wars on Terrorism and Iraq: Human Rights, Unilateralism, and U.S. Foreign Policy/Edited by Thomas G

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Wars on Terrorism and Iraq: Human Rights, Unilateralism, and U.S. Foreign Policy/Edited by Thomas G Wars on Terrorism and Iraq Wars on Terrorism and Iraq provides a timely and critical analysis of the impact on human rights, particularly internationally, of the wars on terrorism and Iraq as well as examining the related tensions between unilateralism and multilateralism in U.S. foreign policy. The distinguished contributors examine the consequences for international relations and world order of the traditional standard-bearer for human rights and democracy, the United States, appearing not to be championing the rule of law and negotiated conflict resolution. The authors also suggest effective policies to promote greater fulfillment of human rights in order to achieve peaceful accord within nations and stability internationally. Contributors include Mary Robinson, Tom J. Farer, Judith Lichtenberg, David P. Forsythe, Jack Donnelly, Kenneth Roth, Edward C. Luck, Mohammed Ayoob, Chantal de Jonge Oudraat, José E. Alvarez and Bruce D. Jones. Thomas G. Weiss is Presidential Professor of Political Science at The CUNY Graduate Center and Director of the Ralph Bunche Institute for International Studies, where he is co-director of the United Nations Intellectual History Project and editor of Global Governance. Margaret E. Crahan is the Dorothy Epstein Professor of Latin American History at Hunter College and The CUNY Graduate Center and a Senior Research Associate of the Institute of Latin American Studies at Columbia University. John Goering is a Professor at the School of Public Affairs at Baruch College and The CUNY Graduate Center. From 1997 to spring 1999 he served on the staff of the White House Initiative on Race. Wars on Terrorism and Iraq Human rights, unilateralism, and U.S. foreign policy Edited by Thomas G. Weiss, Margaret E. Crahan, and John Goering First published 2004 by Routledge 29 West 35th Street, New York, NY 10001 Simultaneously published in the U.K. by Routledge 11 New Fetter Lane, London EC4P 4EE Routledge is an imprint of the Taylor & Francis Group This edition published in the Taylor & Francis e-Library, 2004. © 2004 Selection and editorial matter, Thomas G. Weiss, Margaret E. Crahan and John Goering; the chapters, the contributors All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Library of Congress Cataloging in Publication Data Wars on terrorism and Iraq: human rights, unilateralism, and U.S. foreign policy/edited by Thomas G. Weiss, Margaret E. Crahan, and John Goering p. cm. Includes bibliographical references and index. 1. War on Terrorism, 2001–2. United States–Relations–Iraq. 3. Iraq–Relations–United States. 4. United States–Politics and government–2001– 5. Human rights. I. Weiss, Thomas George. II. Crahan, Margaret E. III. Goering, John, 1950– HV6432.W38 2004 973.93 l—dc22 2003021057 British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library ISBN 0-203-42104-3 Master e-book ISBN ISBN 0-203-68128-2 (Adobe eReader Format) ISBN 0–415–70062–0 (hbk) ISBN 0–415–70063–9 (pbk) In memory of those who gave their lives working for peace at United Nations Headquarters, Baghdad, Iraq, August 19, 2003 Contents Notes on contributors ix Foreword by Mary Robinson xiii Preface xix List of abbreviations xxii Introduction 1 The serendipity of war, human rights, and sovereignty: the case of the United States 3 THOMAS G. WEISS, MARGARET E. CRAHAN, AND JOHN GOERING PART 1 Framing the debate 27 1 The interplay of domestic politics, human rights, and U.S. foreign policy 29 TOM J. FARER 2 Pre-emption and exceptionalism in U.S. foreign policy: precedent and example in the international arena 61 JUDITH LICHTENBERG PART 2 Human rights and the war on terrorism 75 3 U.S. foreign policy and human rights in an era of insecurity: the Bush administration and human rights after September 11 77 DAVID P. FORSYTHE viii Contents 4 International human rights: unintended consequences of the war on terrorism 98 JACK DONNELLY 5 The fight against terrorism: the Bush administration’s dangerous neglect of human rights 113 KENNETH ROTH PART 3 U.S. unilateralism in the wake of Iraq 133 6 Bush, Iraq, and the U.N.: whose idea was this anyway? 135 EDWARD C. LUCK 7 The war against Iraq: normative and strategic implications 155 MOHAMMED AYOOB 8 The future of U.S.–European relations 174 CHANTAL DE JONGE OUDRAAT 9 Legal unilateralism 188 JOSÉ E. ALVAREZ 10 Tactical multilateralism: U.S. foreign policy and crisis management in the Middle East 209 BRUCE D. JONES Conclusion 229 Whither human rights, unilateralism, and U.S. foreign policy? 231 THOMAS G. WEISS, MARGARET E. CRAHAN, AND JOHN GOERING Index 242 Contributors José E. Alvarez is a Professor of Law at Columbia Law School. His principal areas of teaching are: international law, especially international organiza- tions; international tribunals; war crimes; international legal theory; and foreign investment. He is also a member of the Board of Editors of the Amer- ican Journal of International Law and of the Journal of International Criminal Justice, a member of the Council on Foreign Relations, and Vice-President of the American Society of International Law. Prior to teaching at Columbia he taught at the Georgetown Law Center, George Washington University National Law Center, and University of Michigan Law School. Before enter- ing academia he was an attorney adviser in the Office of the Legal Adviser of the U.S. Department of State. Mohammed Ayoob is the University Distinguished Professor of International Relations at James Madison College, Michigan State University. A specialist on conflict and security in the Third World, he has taught at the Australian National University, the National University of Singapore, and Jawaharlal Nehru University, and he has held visiting appointments at Princeton, Oxford, Columbia, and Brown Universities. He has published in such journals as World Politics, Foreign Policy, Global Governance, and Survival. He has authored, coauthored, or edited eleven books, including The Third World Security Predica- ment: State Making, Regional Conflict, and the International System (1995). Margaret E. Crahan is the Dorothy Epstein Professor of Latin American History at Hunter College and The CUNY Graduate Center and a Senior Research Associate of the Institute of Latin American Studies at Columbia University. From 1982 to 1994 she was the Henry R. Luce Professor of Reli- gion, Power, and Political Process at Occidental College and from 1993 to 1994 the Marous Professor at the University of Pittsburgh. She currently serves on the boards of the Inter-American Institute of Human Rights and the Democracy Coalition Project of the Open Society Institute. She has done research in Argentina, Brazil, Chile, Colombia, Costa Rica, Cuba, El Sal- vador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Spain, Switzerland, and Uruguay on topics spanning the sixteenth through the twentieth centuries in Latin America. She is currently writing a book x Contributors about female political prisoners and strategies of resistance in Argentina dur- ing the 1976–83 military regime. Her books include Africa and the Caribbean: Legacies of a Link (1979), Human Rights and Basic Needs in the Americas (1982), and The City and the World: New York’s Global Future (1997). Jack Donnelly is the Andrew W. Mellon Professor and Associate Dean of the Graduate School of International Studies at the University of Denver, and in 2002–3 the Gladstein Visiting Professor at the University of Connecticut. He previously taught at the University of North Carolina, Chapel Hill, College of the Holy Cross, and Tulane University and at universities abroad. He specializes in human rights, international relations theory, international org- anization, political theory, and international law. He is the author of The Concept of Human Rights (1985), International Human Rights (1998), and Universal Human Rights in Theory and Practice (2002; 2nd edition). His most recent book is Realism and International Relations (2000) and he is currently writing a book on ancient Greek international society. Tom J. Farer is the Dean of the Graduate School of International Studies at the University of Denver. He is the former President of the Inter-American Commission on Human Rights of the Organization of American States and of the University of New Mexico. In 1993 he served as legal consultant to the United Nations Operations in Somalia. He has served as special assistant to the General Counsel of the Department of Defense, Assistant Secretary of State for Inter-American Affairs, and Senior Fellow of the Council on Foreign Relations and the Carnegie Endowment for International Peace. At present he serves on the boards of several human rights organizations, for which he conducts occasional investigatory missions abroad, and is on the editorial boards of the American Journal of International Law and the Human Rights Quarterly. David P. Forsythe is the Charles J. Mach Distinguished Professor of Political Science, and University Professor, at the University of Nebraska–Lincoln. He has held visiting professorships at universities in Denmark, Ireland, the Netherlands, and Switzerland and has been a consultant to the International Red Cross and to the United Nations Office of the High Commissioner for Refugees. He served as President of the Human Rights Committee of the International Political Science Association, Vice-President of the International Studies Association, and a member of the Committee on Scientific Freedom and Responsibility of the American Association for the Advancement of Science. His books include Human Rights in International Relations (2000), Human Rights and Comparative Foreign Policy (2000; edited), The United States and Human Rights (2000; edited), The United Nations and Changing World Politics, (2000; 3rd edition), and Human Rights and Diversity: Area Studies Revisited (currently in press).
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