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Universal rights and collective compromises

Cultural relativism is the philosophical belief that all cultures and cultural beliefs are of equal value and that right and wrong are relative and dependant on cultural contexts. Accordingly, relativists hold that universal human rights cannot exist, as there are no truly universal human values. If rights are relative, the laws that protect them must also be relative. If we accept proposition’s contention that culturally relative values can evolve in response to conflicts and crises, then any perverse or destructive behaviour given the force of ritual and regularity by a group’s conduct can be taken to be relative. If the group believes that a practice is right, if it ties into that group’s conception of what is just and good or beneficial to their survival, then there can be no counter argument against it – whether that practice has been continuous for a hundred years or a hundred days. Systems of law, however, reflect the opinions, practices and values of everyone within a state’s territory, no matter how plural its population may be. Similarly, objections to specific aspects of the If the group believes that a practice is right, if it ties into that group’s conception of what is just and good or beneficial to their survival, then there can be no counter argument against it – whether that practice has been continuous for a hundred years or a hundred days. Systems of law, however, reflect the opinions, practices and values of everyone within a state’s territory, no matter how plural its population may be. Similarly, objections to specific aspects of the universal human rights doctrine are fragmentary, not collective. While a handful of communities in Yemen may object to a ban on the use of child soldiers, many more throughout the world would find this a sensible and morally valuable principle. It is necessary for both the international community and individual nation states to adjust their laws to reconcile the competing demands of plural value systems. Occasionally, a value common among a majority of cultures must overrule the objections of the minority. It is perverse to give charismatic leaders who convince impoverished communities to send their sons and daughters into combat an opportunity to use cultural relativism to excuse their culpability for what would otherwise be a war crime. Officers, politicians or dissident commanders are much more likely than Yemeni tribesmen or orphaned Sudanese boys to understand the intricacies of such a defence, and much more likely to abuse it. The commanders of child soldiers are the only class of individuals who should fear the ICC.