Recent signals suggest a growing disquiet in Europe regarding the steadfastness of American backing for international human rights. While formal consultations persist, declarations from European leaders hint at a divergence, particularly when geopolitical interests clash with legal frameworks. The very foundations of a shared commitment appear to be shifting under the weight of contemporary conflicts and evolving national priorities.
The efficacy of the United States as a consistent global advocate for human rights is being questioned by some European observers, who point to instances where international law and human rights norms seem subordinated to strategic considerations. This uncertainty raises fundamental questions for Europe's own approach to global rights advocacy, potentially necessitating a recalibration of its role independent of, or in parallel to, US foreign policy.
Echoes of Divergence on International Law
European officials, in certain high-stakes situations, have voiced a tempered embrace of international law. Following recent airstrikes in Iran, German Chancellor Merz remarked that applying international law to such events "will have relatively little effect" and would be "inconsequential." Similarly, the Dutch Foreign Minister suggested that international law is "not the only framework." This ambivalence stands in stark contrast to the universal application of these principles.
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The European Union's statements on these hostilities, while calling for civilian protection and respect for international law, are noted for a one-sided focus. The EU's condemnation was directed at Iran for its attacks and violations of sovereignty, while direct calls for the US or Israel to adhere to international laws governing warfare were conspicuously absent. This selective application of principles, critics argue, undermines the very international legal order it purports to uphold.
Consultations Continue, but Commitments Waver?
Despite these observable shifts in rhetoric, formal dialogues between the EU and the US underscore a stated shared commitment to human rights. Recent consultations, as documented by the EU, covered a broad spectrum of issues. These included:
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Women's rights and gender equality
Protection of human rights defenders
Technology and human rights
Business and human rights
Rights of persons with disabilities
Children’s rights
Combating racism and discrimination
Both sides reaffirmed their dedication to the transatlantic partnership and its centrality in defending human rights, democracy, and the rule of law globally. Discussions also touched upon accountability for alleged war crimes in Ukraine and cooperation within multilateral forums like the United Nations, especially in light of the 75th anniversary of the Universal Declaration of Human Rights.
Historical Context and Emerging Narratives
The present questioning of US leadership in human rights is not entirely novel. The Trump administration, for instance, marked a departure from established norms, leading to renewed convergence efforts under the Biden administration. However, even this convergence is described as partial, with no dedicated, regular US-European policy consultation mechanism for democracy policy.
Furthermore, some analyses posit that human rights have increasingly become subordinate to American geopolitical and security interests. This perspective suggests that the US may no longer be the consistent global leader it once was in championing these rights, prompting a call for Europe, and specifically Norway, to assume a more prominent role. The sentiment that human rights can be defended even without the United States has been articulated by prominent figures in the human rights advocacy space, reflecting a potential shift in the landscape of global rights defense.
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