GLOBAL ETHICS FOR THE THIRD MILLENNIUM:
a series of interviews with outstanding personalities
 
Interviews by Patricia Morales
Globus Institute, Tilburg University, The Netherlands
 
Richard J. Goldstone: Human Rights, Duties, and Responsibilities

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Q.        What significance do you attribute to the last 50 years for the formulation and realization of human rights, and what is your expectation for the Third Millennium in relation to the realization of human rights and the assumption of duties and responsibilities?
 
A.        The greatest significance I attach to the development of human rights during the past 50 years is undoubtedly the increasing recognition given to the international jurisdiction for the prosecution of those suspected of committing serious war crimes. Prior to 1946, war criminals could only be prosecuted by national courts of countries where such crimes were committed, or in the national courts of the countries of which the victims were citizens. Today genocide, crimes against humanity, torture, and the crime of apartheid can be investigated and prosecuted in any country in which the suspect happens to be. This new international jurisdiction is also found in the 1949 Geneva Conventions, which oblige all states parties to investigate and prosecute anyone suspected of having committed "grave breaches" as defined in those conventions.
 
It is this international jurisdiction that made it possible for the Security Council of the United Nations to establish the International Criminal Tribunal for the former Yugoslavia in 1993, and for Rwanda in 1994. In turn, their successes led the United Nations to convene the international diplomatic conference in Rome in June July 1998 to consider a treaty for the establishment of a permanent International Criminal Court. To the surprise and joy of the international human rights community, the treaty was approved by an overwhelming 120 nations in favor and only seven against. It was, of course, a serious disappointment that the United States was one of those seven, but I am confident that in the not too distant future that country will be a leading supporter of the Court.
 
Although individuals who are the victims of international crimes stand to gain most from this development, states are beneficial recipients too. For while states are obliged to prosecute those suspected of committing international crimes, many are, for political reasons (e.g. fear of reprisals), reluctant to do so. The establishment of the ICC means that individual states are not solely burdened with the task of prosecution; rather, the obligation falls to the entire international community in the form of the ICC.
 
The recognition by the House of Lords in London of the duty to extradite General Pinochet to Spain, and the indictment of President Milosovic by the ICTY, are important illustrations of the way in which even heads of state are not immune from the reach of justice a consequence of the recognition of international jurisdiction for war crimes.
 
I am optimistic that as globalization continues to shrink the world, national borders will become more and more porous and criminals will have less and less protection from the national and international courts who seek to bring them to justice. This trend applies not only in the field of war crimes but is becoming more applicable in the economic field, as evidenced by significant developments regarding the prosecution of money laundering.
 
I am optimistic, too, that the assumption of human duties and responsibilities will also gain greater recognition. It is increasingly accepted that the recognition of human rights is insufficient, and that if such rights are to be realized it is necessary that they are enforcable. In other words, there must be a duty on all relevant authorities and individuals to enforce those rights. Those of us who were involved in drafting a Declaration of Human Duties and Respon sibilities in Valencia, Spain, during 1998 came to realize and appreciate that there was warm support for that endeavor from leaders from all continents and hemispheres. There is thus reason for optimism that these trends will gather pace as we enter the Third Millennium.
 
Q.        You performed a wonderful job as chairman of the High-Level Group for the realization of the Declaration of Human Duties and Responsibilities (DHDR). You have contributed to many situations in the world, such as in South Africa against apartheid, and in the UN War Crimes Tribunals. What kind of roles do you attribute to the Universal Declaration of Human Rights (UDHR) and the DHDR for the realization of human rights and against human rights violations?
 
A.        It is hardly necessary to emphasize the role played by the UDHR in having spawned the important human rights conventions of the 1960s. However, it is not sufficiently appreciated that the UDHR played a crucial role in enabling South Africans to put an end to apartheid by way of a negotiated settlement. Unless both the former apartheid government and the African National Congress accepted the need for a constitutional state with a justiciable bill of rights, that could not have happened. The African National Congress, representing the majority of South Africans, had for decades been a part of the international anti-apartheid movement, which was very much a human rights movement. The language and culture of human rights had been adopted by the ANC leadership both in South Africa and by those living in the many countries of their exile. Indeed, the influence of the UDHR is evident from the Freedom Charter which was adopted by the ANC at a remarkable mass gathering outside Johannesburg in 1956.
 
The UDHR, which was really an inspirational document has effectively been incorporated into customary international law, and has played a key role in the movement against colonialism and oppression. There is thus reason to anticipate that the Declaration of Human Duties and Responsibilities might play a similar role.
 
Q.        What procedure do you suggest to improve conflicts between different cultures and universal rights, duties, and/or responsibilities?
 
A.        The DHDR does indeed accentuate the intrinsic value of all cultures and traditions. Healthy societies will always appreciate and enjoy their own language, music, literature, and religion. They play a positive role in many areas and especially in the education of young people. The problem arises when history and culture are misused by politicians for nationalistic purposes, which demean other peoples or their culture. One need look no further than the Nazi leaders or those in Rwanda who organized a genocide in 1994, or of Bosnia and the Federal Republic of Yugoslavia who carried out policies of "ethnic cleansing." In my view, it follows that the culture and tradition of all peoples should be respected and kept within civil society rather than the political domain. If that happens there is certainly no conflict between culture and traditions, on the one hand, and the universality of fundamental human rights, on the other.
 
Q.        The UDHR is the major international document of human rights. This inspirational document has constituted the moral core of international, regional, and national law, exceeding its original purpose. What would you like to suggest to improve the implementation of the human rights instruments, in particular, of the DHDR?
 
A.        The recognition of human rights and the acceptance of human duties requires a high level of understanding and education. That level can only be achieved with the active participation of governments. The cooperation of governments is secured by the dual efforts of its own citizens and the exhortions of the international community as so successfully illustrated by South Africa's transformation. Human rights, duties, and responsibilities need to be well-taught at schools and universities. Modern technologies, and especially the television and the Internet, make it possible to bring a human rights culture into most homes. In this context I would again refer to the Rome treaty on the ICC. In the countries which make up the Southern African Development Community (SADC), a tremendous amount of work has been done to ensure that domestic laws will beappropriately amended to enable those countries to ratify the treaty and be able to honour the obligations the treaty places on state parties. This endeavor has involved hundreds of officials in this part of the world in the study of humanitarian law. That would not have happened but for the Rometreaty. War crimes and their investigation and prosecution are written and spoken about in the media on a daily basis. This educational aspect of the human rights movement is insufficiently appreciated.
 
Q.        The DHDR emphasizes the rights of vulnerable groups (children, the elderly, women, indigenous peoples, minorities, people with disabilities). Can you explain the importance to define duties and responsibilities in relation to these rights?
 
A.        The DHDR does indeed emphasize the rights of vulnerable groups. They are the people who are too often ignored and marginalized in our modern world. Even in countries which recognize the equality of their citizens, there is often only formal equality and not substantive equality. It is no comfort to disabled children that free education is available to all children. If they cannot access schools or if they cannot hear what the teachers teach, then equal rights mean very little to them. The same applies to many indigenous peoples of the world, and to the elderly and others who are traditionally vulnerable.
 
Q.        What are the major moral challenges for the Third Millennium, in particular considering the process of global interdependence and the role of the media, science, and technology?
 
A. The major moral challenge for the Third Millennium is undoubtedly the protection and enforcement of the human rights of all people. The bloody history of the twentieth century should have left no one in doubt that modern technology has put leaders in a position to use its benefits for good or evil. That kind of evil is not ever a feature of democratic societies. The problem is that democracy is an expensive form of government. It requires democratic institutions, efficient policing, a free media to act as a watchdog, and courts of law to ensure that a majority does not misuse its power. If wealthy nations do not give material financial and human assistance for poor nations that wish to democratize, their prospects of having an open and democratic society are hopeless. I would suggest that such assistance is considerably less expensive than the massive amounts spent on war machines and humanitarian aid. President Vaclav Havel of the Czech Republic has said that the war in Kosovo is "probably the first war that has not been waged in the name of 'national interests,' but rather in the name of principles and values." It is indeed a laudable development. Too often, however, the leaders of NATO have expressed their concern only in regional terms of the atrocities occurring in "Europe's backyard." The challenge of the Third Millennium is to rid the world, and not only Europe, of specters such as Kosovo. At the same time caution must be exercised against humanitarian intervention becoming a pretext for self-interested endeavors.
 
Q.        Will the global community accomplish global social justice?
 
A.        I am optimistic that the global community will accomplish global social justice. It will certainly not be in my lifetime, but the movement in that direction is clear for all to see. There has been a significant movement towards the recognition and enforcement of human rights during the course of the past 50 years. One has to have patience and a resolve to encourage the quickening of the pace. The drafters of the UDHR would be truly amazed to see what their work has accomplished. My optimism is not based on a pipe-dream, but on the reality that the alternative will effectively mean that humankind is on a road to self-destruction. I have no doubt that the overwhelming number of people in the global community wish for peace and security. They will increasingly demand these conditions from their leaders. Information technology is bringing into most homes the facts on which political decisions are based. It is becoming increasingly difficult for the truth to be hidden from the masses. That alone will make leaders think twice before embarking on policies which are calculated to violate the basic human rights of citizens. And for those people who remain mired in poverty, strangled by oppressive regimes, for whom information technology is a thing unknown they represent our challenge. If I may quote President Havel again, Kosovo has demonstrated "that human rights are indivisible and that if injustice is done to one, it is done to all." No longer is the international community willing to sit by as spectator while innocent citizens are murdered, raped, or expelled from their ancestral homes.
 
Q.        What is your dream for the Third Millennium?
 
A.        My dream for the Third Millennium is that my optimism is not misplaced!