All posts filed under: Human Rights

Denial and Defamation: The ITN-LM Libel Trial Revisited (II)

PART TWO: THE TRIAL VI. The Standards of Western Journalism The trial eventually began at the High Courts of Justice in London on 28 February 2000. The defendants—recorded as Michael Hume, InformInc (LM) Ltd., and Helene Guldberg—arrived at court on the heels of a disappointing pre-trial hearing. The presiding judge, Mr. Justice Morland, had ruled the testimony of a number of key defence witnesses, including the BBC’s John Simpson, inadmissible. He was not interested in rehearsing the debates about the journalism of attachment or press freedom that had convulsed the chatterati for three years. The claimants—recorded as Independent Television News Ltd., Penny Marshall, and Ian Williams—held that Deichmann’s article, Hume’s accompanying editorial, and the first LM press release were all false and defamatory. Under Britain’s controversial libel law, the defendants were required to show that their contested claims about ITN’s reporting were true. Morland simply wanted to establish if that was the case. The defence’s priority was to establish the location of the barbed wire fence at Trnopolje. This their lawyer Gavin Millar successfully accomplished …

Denial and Defamation: The ITN-LM Libel Trial Revisited (I)

PART ONE: THE CAMPS Intro: From Phnom Pehn to Srebrenica In 1977, Noam Chomsky and his co-author, the late Edward S. Herman, wrote an essay for the Nation entitled “Distortions at Fourth Hand,” in which they scorned reports that the Khmer Rouge were turning Cambodia into a charnel house. Stories of genocide, they suggested, were either exaggerated or fabricated outright by refugees, and any deaths—regrettable though they may be—were most likely the result of disease, starvation, and confusion caused by America’s devastating involvement in the foregoing civil war. The two books that bore the brunt of Herman and Chomsky’s disdain were John Barron and Anthony Paul’s Murder of a Gentle Land and François Ponchaud’s Cambodia Year Zero. Contemporaneous accounts from and about war zones are rarely correct in every particular. But Chomsky and Herman ignored everything Ponchaud and Barron-Paul got right, and seized upon isolated errors and inconsistencies to discredit their work in its entirety. Gareth Porter and George C. Hildebrand’s book Cambodia: Starvation and Revolution, on the other hand, they praised as “a carefully …

The New York Post Whitewashes the Plight of Egypt’s Copts

With Holy Week starting in nine days, Copts across Egypt were preparing for the most important week in their faith. Unlike in the West, Easter—and, more precisely, the week that precedes it—and not Christmas is the center of the Coptic calendar. Church interiors are covered in black cloth, hymns are sung in a funereal tone, and services are conducted day and night. No other event takes place, not even funerals for those unlucky enough to die during that week. But in the village of Nag Khalaf Allah, in Egypt’s south, Copts’ preparations for Holy week were interrupted by a mob. At 4 pm on April 12, 2019, as children were in their Sunday school classes, the attack began on the Saint Karas church. The church, like thousands across the country, did not have official registration papers since obtaining them from the regime is a nearly impossible task. But Copts had been praying in it for years, and Saint Karas church had submitted its request for registration in 2017, as required by a 2016 law. The …

Male-Bodied Rapists Are Being Imprisoned With Women. Why Do so Few People Care?

In 2015, the British Association of Gender Identity Specialists (BAGIS) submitted a written brief to the Transgender Equality Inquiry, which had been undertaken by the UK Parliament’s Women and Equalities Committee, explaining why it was “naïve to suggest that “nobody would seek to pretend transsexual status in prison if this were not actually the case.” “There are, to those of us who actually interview the prisoners, in fact very many reasons why people might pretend this,” wrote Dr. James Barrett, the President of BAGIS. “These vary from the opportunity to have trips out of prison through to a desire for a transfer to the female estate (to the same prison as a co-defendant) through to the idea that a parole board will perceive somebody who is female as being less dangerous through to a [false] belief that hormone treatment will actually render one less dangerous through to wanting a special or protected status within the prison system and even (in one very well evidenced case that a highly concerned Prison Governor brought particularly to my …

How the Trans-Rights Movement Is Turning Philosophers Into Activists

On July 3, I received an innocuous-seeming email from the Digital Content Editor of a London-based arts organization called the Institute for Art and Ideas. She asked if I might set out my views on the question, “How can philosophy change the way we understand the transgender experience and identity?” As the expected response was supposed to be only 200 words in length, the task didn’t seem particularly demanding. So I agreed, and sent along a brief answer in which I focused on the now common assumption that everyone has a “gender identity.” I provided some (necessarily) brief objections to the concept as it is currently being advanced by some trans rights activists, and ended by commenting that philosophers can help people to “understand what a gender identity might be, and whether it’s a fitting characteristic to replace sex in law.” The gender wars in philosophy had been heated since May, igniting with University of Sussex philosopher Kathleen Stock’s Medium post asking why academic philosophers—feminist philosophers, in particular—weren’t contributing to the discussion about Britain’s Gender …

Yaniv’s Other Racket: How a Single Gender Troll Managed to Get ‘Hundreds’ of Women Thrown Off Twitter

The Canadian human-rights litigant formerly known as Jonathan Yaniv—a trans woman who now goes by the name Jessica, but whom we will refer to simply as “JY”—is a unique figure among those who follow the debate over transgender rights. In 2018, this self-described “global internet personality” and “social justice warrior” contacted numerous Vancouver-area aestheticians seeking Brazilian-wax services—a process Wikipedia describes as “the removal of all pubic hair from the [female] pelvic region, vulva, labia, perineum and anus, while sometimes leaving a thin strip of hair on the mons pubis.” As reported by Joseph Brean in Canada’s National Post, JY seems to have sometimes used the name “Jonathan” when first making contact (an act of self-“deadnaming,” as it were), revealing only later in the conversations that the “Brazilian” in question would be performed on a client who is legally a woman, albeit a woman who has a penis and testicles. Predictably, some of the aestheticians indicated that they either didn’t have the expertise to perform their trade on such a client, or resisted the idea of …

The Rise of ‘Drag Kids’—and the Death of Gay Culture

Last month, the CBC—Canada’s public television network—ran a lavishly publicized documentary about “four kid drag queens as they prepare to slay on Montreal stage.” This was marketed as child-friendly content. Indeed, the CBC promoted the documentary, titled Drag Kids, on its “CBC Kids News” channel as a fun look at children who “sashay their way into the spotlight.” For me, as a gay man, watching the documentary was traumatic. The interviewed parents defend themselves against accusations they are abusing their children by encouraging them to dress up in drag. But to do so, the parents must purport to separate drag from sex and sexuality, which is simply ahistorical. They define drag as “a way of expression,” and assure everyone that “there’s nothing sexual to it” (a premise that the CBC clearly embedded in the marketing around the documentary). The kids themselves are very much on message. One remarks, “I was called gay-boy, but I did nothing but dress up.” That last remark actually brought tears to my eyes—though not for the reasons you might think. …

Is Liberal Immigration Anti-Democratic?—A Reply to Gadi Taub

In a recent Quillette essay, Gadi Taub argues that restricting voters’ power undermines the “ability of citizens to protect their hard-earned liberal rights.” He also says this is “bound to hurt these very rights, since their only real guarantee is the fact that we can dismiss our governments and appoint their replacement.” We may believe voting is an unreliable guarantor of liberal rights because more voters are turning to nationalism or socialism. We may also believe liberal rights and democracy, properly understood, imply wide restrictions on voting. The second reservation gives us a sense what’s wrong with Taub’s central argument. He says the debate over immigration is a “proxy for a far larger struggle over the future of democracy itself.” That’s true, as far as it goes. But this struggle is more complicated than he admits.   Taub claims there are two sides to the debate over immigration: one says the state may restrict immigration, and the other says the state may not. This is a caricature. Pretty much everyone believes states may exclude known …

Human Dignity and Human Rights

My forthcoming monograph for the University of Wales Press, Making Human Dignity Central to International Human Rights Law: A Critical Legal Argument, discusses a number of topics, ranging from the state of critical legal scholarship to international relations. However, much of what I might have written even a year earlier was profoundly altered by the rise to power of postmodern conservatives. Frequently agitating for a nationalist agenda, and opposed to universal human rights, this development lent my book a more cynical edge. Nevertheless, I still consider it an optimistic text—one that defends an emancipatory conception of human dignity and the steps we might take to realize it. Dignity’s Unusual History Conceptions of human dignity go back a very long way. Many of the great religions of the world—including the monotheistic faiths of Christianity, Judaism, and Islam—offer human dignity as something bestowed by God. Buddhists argue that the locus of human dignity lies in our capacity to pursue self-perfection. The term itself arose in the thirteenth century from the Latin dignitas, which referred to the “worthiness” of …

Canada’s Treatment of Indigenous Peoples Was Cruel. But Calling It an Ongoing ‘Genocide’ Is Wrong

Two months after Hitler invaded the Soviet Union, British Prime Minister Winston Churchill addressed the public: “As his armies advance, whole districts are being exterminated. Scores of thousands, literally scores of thousands of executions in cold blood are being perpetrated by the German police troops…We are in the presence of a crime without a name.” By the end of World War II, we had at least two names for it, Crimes Against Humanity and Genocide. Now, almost 80 years later, a debate over the semantics of genocide has erupted in Canada, following a report from a National Inquiry investigating the problem of missing and murdered Indigenous women and girls (MMIWG). The report claims not only that Indigenous communities were historically victimized by racist and murderous colonial policies, but also that a “genocide” is still going on in Canada to this very day. While many well-meaning activists are pressuring the Canadian government to act on the findings of the Inquiry, others have questioned the use of this term. The fact that the overall Canadian homicide rate …