Sovereign immunity, universal jurisdiction and human rights

Some argue that despite all the ongoing wars and conflicts in the world today, the trajectory of history is toward expanding human rights. And the people working to bring dictators and human rights violators to account, are at the forefront of this argument.

Baltasar Garzon (from Wikipedia).

One of my small groups chose to do a project on Baltasar Garzón as a defender of human rights. Their presentation brought up the fascinating concept of “sovereign immunity”, the idea that the legal government of a country cannot commit a crime, and they cannot be sued or charged in court for anything they do. The idea comes from the historical belief that, by definition, the king (or queen) can do no wrong.

Garzón, a judge in Spain, has also been pushing the limits of the concept of “universal jurisdiction”, by trying to bring to trial leaders from other countries who have been accused of violating human rights by torturing their citizens and committing genocide. People he’s investigating include former dictators from Argentina and, most famously, Chile. What makes it more pertinent right now is that he’s also investigating members of the recent Bush Administration (former attorney general, Alberto Gonzales; lawyer John Yoo, the infamous author of the memos approving torture, and four others).

Garzón is an idealist, which appeals kids who see the world most often in black and white:

It has always amazed me that politicians keep writing international conventions. But then when the time comes to apply one of those laws that have been ratified, they say “the problem is, economic stability, or political stability, could be threatened by the application of this rule.” So what’s the point? Do we ratify the laws in order to apply them or not? – Baltasar Garzón in interview reported in Speak Truth to Power.

Because of the presentation on Garzón yesterday, my ears perked up this morning when I heard the words “sovereign immunity” on the radio. Nina Totenberg reported on a current Supreme Court case where victims of the military dictatorship in Somalia who are living in the US are suing the former prime minister of the Barre dictatorship who is also now living in the US. It is a fascinating case, with broad implications for the prosecution of human rights violators around the world.

NPR article by Nina Totenberg:

“Imagine” “War”

One of the small group assignments last week was to pick two anti-war songs and present their meaning and context. They had a choice of music ranging in time from Frederick Weatherly’s “Danny Boy” to Green Day’s “Holiday”, but they chose two Vietnam Era songs, “Imagine” and “War”.

These turned out to be inspired choices. Not the least because both had music videos that closely reflected the songs’ different approaches to conveying the same message. Lennon’s “Imagine” is peaceful, aspirational, but somewhat subversive, while Edwin Star’s “War” is militant with its rejection of conflict.

The lyrics also provided an excellent contrast in the poetic use of language to convey meaning. After showing the two music videos, the students took the songs apart, stanza by stanza, and you can read the stridency in the punctuation and use of capitals in the lyrics of “War”:

WAR! good God y’all huh
What is it good for?
Absolutely nothing…say it say it SAY IT!
WAR!…uh huh yeah huh!
What is it good for?
Absolutely nothing…listen to me

We had a great discussion. I found this to be an excellent assignment that merged the poetry we’ve been studying in Language Arts with the history and peace education of Social World.


John Lennon – Imagine
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The Clinton Library

Inside the Clinton Library

I have one student who intends to be president. He already has the date picked out. So the Clinton Library in Little Rock was a great stop on our immersion. It took a little coaxing to get him all the way through while some of the others, who were not as enthusiastic, waited patiently. I’m fairly sure he would have been happy to spent the entire day there.

The library is located on the Arkansas River. In fact, while it’s mostly built on the bluff overlooking the river, one side of juts out over the embankment, out over the flood plain. I suspect that if the river were to flood (which is perhaps unlikely with all the locks on the river), the supports for that wing of the building would be under water.

Inside the museum are displays about Bill Clinton’s eight years as president, a small theater with a video about Clinton’s life and some other odds and ends of the Clinton presidency (the limo, the replica oval office). The highlight was the replica of the cabinet room. Everyone enjoyed sitting at the table. After the initial rush for seats, it was discovered that they were all labeled for the different members of the cabinet, which was interesting enough as the all took at least a second to consider what their role might be if they were actually in the government.

There was also an exhibit with a number of Madeleine Albright’s pins, which she used to send messages to her diplomatic counterparts while she was the UN ambassador and as Secretary of State. You might not think that would particularly interesting to adolescents, but there were some spectacularly beautiful, jeweled insects that attracted the attention of some students, and an interesting RPG pin (from Pakistan) that attracted the attention of others.

Since we’d been doing museums and tours all day, everyone was tired by the time we’d finished the museum. It would be another hour before we got back to Lake Catherine so instead of just jumping into the van I offered them the chance to run around on the steep, grassy embankment, down into the floodplain. Instead they (mostly) opted to roll down. Fun was had by all.

The museum was a decent stop, worthy of an hour or two, but, with our current study of civil rights, and the age of our students, it could not match Central High.

Why do we believe conspiracy theories?

The National Civil Rights Museum in Memphis has one display about the conspiracy theories surrounding Martin Luther King Jr.’s assassination. Some of them were pretty far-fetched, but I did not have a good answer to one student’s question about why do people come up with all these conspiracy theories. David Aaronovitch has a new book out about why people believe conspiracy theories, and in an interview with Thomas Rogers he has a pretty believable answer to the question, “What makes us susceptible to conspiracy theories?”:

We want to believe theories that contradict the idea that young, iconic people died senselessly. If a story takes away the accidental from their death, it gives them agency. After the JFK assassination, it was unbearable to many people that they could live in a country where a lone gunman could kill a president. In those circumstances, it’s not surprising that an overarching conspiracy theory emerges. It suggests that somebody is in control, rather than that we’re at the mercy of our neighbors and to some extent of ourselves (as was the case with Marilyn Monroe and Princess Diana). It’s the urge to make sense of a particularly traumatic moment.

Tour of Central High

Memphis 10 and the Little Rock 9

It’s one thing to walk through a place where history was actually made, but having a tour guide who personally experienced part of it is pretty special. The Little Rock Central High School National Historic Site is the only national park with an active, fully functioning high school on site. So when you do the tour, you follow a ranger (wearing the same uniform and hat that they wear on the forest trails) through the halls of a school as scores of students stream past. It’s a little odd to say the least. The Central High students seem to take it in stride, because they’re probably used to it, but our students seemed a bit unsure about how to deal with it.

Jody Morris, born and raised in Little Rock, was our tour guide. She was a child (1st grade I think) when the schools were integrated, and she experienced the ostracism of having parents supportive of integration. Ms. Morris was able to speak with the emotion and authority of someone who lived through troubling times. I’m not sure that we could have had a better tour without having one of the Little Rock Nine there with us.

Much of what we saw is in the history books and the documentaries. On the tour you climb the same front steps in the iconic pictures of the students being escorted up the steps of the school (see above); you sit in the same cafeteria where Minnijean Brown was hazed; you can walk the same long blocks that Elizabeth Eckford did in front of the jeering crowd. The current students walking the halls, immunized to the weight of history by long experience, make it easier to identify with what it might have been.

Seeing history through food

Spices in a Moroccan market. Image by Donar Reiskoffer, found on Wikipedia Commons.

Montessori elementary programs approach history from the perspective of the basic needs of human beings. They look at how humans have satisfied the needs for food, shelter, spirituality and so on over time.

A new book by Tom Standage called, “An Edible History of Humanity” looks at human history through food, from how agriculture lead to the beginning of civilization, to the role of spices in the European discovery of the Americas, to how food production shaped the rise and fall of Napoleon, to the effects of the Green Revolution on the world today.

it concentrates specifically on the intersections between food history and world history, to ask a simple question: which foods have done most to shape the modern world, and how?

Spiked Online has a nice review of the book that touches on many of the key points. This book certainly open up a wider discussion of world history. A simplified version would likely be a great addition to the middle school curriculum.

The vivid colors, heart-rending smells and sheer mass of the pyramids of spices in Moroccan markets are a vivid reminder of the importance of the Arab spice trade. The spice mixes I remember in particular, they can consist of over twenty different spices coming from all around the world.

Silence in the Middle School: The Little Rock Nine

My students watched the video about the desegregation of Central High School in Little Rock and they were shocked. Truly shocked. They had already started reading the letters to and from President Eisenhower which are powerful in that they trace the story with the actual presidential records. Then one of the students brought up the video on a laptop and they all gathered around to watch. For 5 minutes afterward there was silence in the classroom.

The ugly, vicious hatred of the mob was powerful, and the one girl, Elizabeth Eckford, just a little older than the middleschoolers, just sitting there with the crowd all round, unable to speak, proud upright, but with a shell shocked look in her eyes. The video is moving, and it brings home the strength and courage of those nine kids in a world that must have seemed to be tipping toward destruction.

Desegregation of Central High School

Troops escort students to school (from Wikimedia Commons).

Recording of Eisenhower’s address to the nation on the situation in Little Rock.

In going over the timeline of human rights today, we realized that it did not have a card for the civil rights struggle of the 1950’s and 60’s. One of the key events that middle school students should be able to relate to is the desegregation of Central High School in Little Rock Arkansas. Imagine having to have troops escort you into school. Imagine having to endure racial taunts every day when you were only one of nine African American students in the entire school.

The Encyclopedia of Arkansas has a nice outline of the events of 1957 in the context of Brown v. Board of Education of Topeka, Kansas. However, the National Park Service’s website is perhaps better targeted to Middle School age range. The video below is also a good primer, and my students found it to be very powerful.

The Eisenhower Presidential Library has some of the primary documents related to the events. They give a vivid account of the events from the perspective of what the president saw.

The Little Rock Nine (in New York, 1958)