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Human rights entered the language and practice of humanitarian aid in the mid-1990s, and since then they have worked in parallel, complemented or competed with traditional frameworks ordering humanitarianism, including humanitarian principles, refugee law, and inter-agency standards. This article positions the study of rights within a sociology of praxis. It starts from a premise that interpretation and realisation of international norms depends on actors’ social negotiation. We seek to contribute to the sociology of rights with insights from legal pluralism and to analyse human rights as a semi-autonomous field in a multiplicity of normative frameworks. Based on cumulative research into humanitarian aid in disaster response, refugee care and protracted crises, the article explores how humanitarian agencies evoke different normative frameworks to legitimate their presence and programmes. How aid is shaped through the ‘rights speak’ of aid workers and recipients alike is illuminated by cases of programmes promoting women’s rights against sexual abuse from Kenya and the Democratic Republic of Congo (DRC).

Since Somalia, the international community has found itself changing its view of humanitarian intervention. Operations designed to alleviate suffering and achieve peace sometimes produce damaging results. The United Nations, nongovernmental organizations, military and civilian agencies alike find themselves in the midst of confusion and weakness where what they seek are clarity and stability. Competing needs, rights, and values can obscure even the best international efforts to quell violence and assuage crises of poverty. More attention must be paid to the complexity of issues and moral dilemmas involved. This volume of original essays by international policy leaders, practitioners, and scholars brings together insights into the conflicting moral pressures present in different kinds of interventions ranging from Rwanda and Somalia to Haiti, Cambodia, and Bosnia. From their various cultural and professional perspectives the authors cover issues of human rights, sanctions, arms trade, refugees, HIV, and the media. Together they make the case that, although there are no easy answers, moral reflection and content can improve the quality of decisionmaking and intervention in internal conflicts. 

In this article, I investigate responses to the humanitarian crisis that emerged following the May 2008 xenophobic violence against South African nonnationals that resulted in 62 deaths and the displacement of well over 30,000 people. I focus specifically on how a South African AIDS activist movement, the Treatment Action Campaign (TAC) and its partners, Medecins Sans Frontieres (MSF—Doctors Without Borders) and the AIDS Law Project (ALP), translated a particular style and strategy of AIDS activism into legal, medical, humanitarian, and political responses to the massive population displacement. The TAC provided relief to displaced people in the form of basic needs, such as food, clothes, and blankets, as well as legal aid, and it engaged in activism that promoted the rights of the refugees. I investigate how the ideas and practices of global agencies such as the United Nations High Commission for Refugees (UNHCR) were deployed and reinterpreted by TAC activists. I also examine how TAC activists involved in assisting the refugees drew on a global humanitarian assemblage of categories, legal definitions, norms and standards, and procedures and technologies that went beyond the simple management of “bare life.” TAC’s shift from fighting for antiretroviral drugs (ARVs) to fighting for refugees’ rights reveals a “politics of life” that spans multiple issues, networks, and constituencies. It is also a politics that, at times, strategically deploys standardized bureaucratic logics and biopolitical techniques of humanitarian aid.

Refugees can be formed as “subjects” as they navigate forced displacement in countries that are not their own. In particular, everyday life as the politicized Other, and as humanitarianism’s depoliticized beneficiary, can constitute them as political subjects. Understanding these produced subjects and subjectivities leads us to conceive of forced displacement – or “refugeedom” – as a human condition or experience of political (sub)alterity, within which inhere distinctive subjectivations and subjectivities. Drawing on fieldwork in Beirut, Lebanon, we use young Syrian and Iraqi refugees’ experiences with everyday racism, violent bullying and racialized discrimination as heuristic lenses with which to see displacement’s political subjects and subjectivities. We argue that the young refugees emerge as both political and moral subjects through core and defining struggles within – and against – these politicizing constraints. We interpret their struggles as ambivalently and dynamically situated within humanitarianism’s and racism’s subjections and subjectivities. Yet we also found that occasionally the young refugees could eclipse these produced subjectivities to claim repoliticized subjecthoods distinct from those of humanitarianism and outside displacement’s normal politics. We interpret these in Rancièrian terms as “political subjectivation.” Abstracting our findings, we offer a simple theoretical architecture of refugeedom’s subjectivations, subjects, and subjectivities as comprising humanitarianism’s rights-bearing or juridical subject; the vulnerable and resilient, innocent and suffering subject; and the Othered or racialized subject, formed through the exclusions of displacement’s politicized spaces. But we also conceive refugeedom as a space of values, and so the ground on which moral meaning and significance attach to agency and subjectivity.

The way in which mainstream human rights discourse speaks of such evils as the Holocaust, slavery, or apartheid puts them solidly in the past. Its elaborate techniques of "transitional" justice encourage future generations to move forward by creating a false assumption of closure, enabling those who are guilty to elude responsibility. This approach to history, common to late-twentieth-century humanitarianism, doesn't presuppose that evil ends when justice begins. Rather, it assumes that a time before justice is the moment to put evil in the past.

Merging examples from literature and history, Robert Meister confronts the problem of closure and the resolution of historical injustice. He boldly challenges the empty moral logic of "never again" or the theoretical reduction of evil to a cycle of violence and counterviolence, broken only once evil is remembered for what it was. Meister criticizes such methods for their deferral of justice and susceptibility to exploitation and elaborates the flawed moral logic of "never again" in relation to Auschwitz and its evolution into a twenty-first-century doctrine of the Responsibility to Protect.

This book explores the unintended consequences of compassion in the world of immigration politics. Miriam Ticktin focuses on France and its humanitarian immigration practices to argue that a politics based on care and protection can lead the state to view issues of immigration and asylum through a medical lens. Examining two “regimes of care”—humanitarianism and the movement to stop violence against women—Ticktin asks what it means to permit the sick and sexually violated to cross borders while the impoverished cannot? She demonstrates how in an inhospitable immigration climate, unusual pathologies can become the means to residency papers, making conditions like HIV, cancer, and select experiences of sexual violence into distinct advantages for would-be migrants. Ticktin’s analysis also indicts the inequalities forged by global capitalism that drive people to migrate, and the state practices that criminalize the majority of undocumented migrants at the expense of care for the exceptional few.

What if development agencies and researchers are not driven by policy? Suppose that the things that make for 'good policy' - policy that legitimizes and mobilizes political support - in reality make it impossible to implement?

By focusing in detail on the unfolding activities of a development project in western India over more than ten years, as it falls under different policy regimes, this book takes a close look at the relationship between policy and practice in development. David Mosse shows how the actions of development workers are shaped by the exigencies of organizations and the need to maintain relationships rather than by policy; but also that development actors work hardest of all to maintain coherent representations of their actions as instances of authorized policy. Raising unfamiliar questions, Mosse provides a rare self-critical reflection on practice, while refusing to endorse current post-modern dismissal of development.

While most people would not consider sponsoring an orphan's education to be in the same category as international humanitarian aid, both acts are linked by the desire to give. Many studies focus on the outcomes of humanitarian work, but the impulses that inspire people to engage in the first place receive less attention. Disquieting Gifts takes a close look at people working on humanitarian projects in New Delhi to explore why they engage in philanthropic work, what humanitarianism looks like to them, and the ethical and political tangles they encounter.

Motivated by debates surrounding Marcel Mauss's The Gift, Bornstein investigates specific cases of people engaged in humanitarian work to reveal different perceptions of assistance to strangers versus assistance to kin, how the impulse to give to others in distress is tempered by its regulation, suspicions about recipient suitability, and why the figure of the orphan is so valuable in humanitarian discourse. The book also focuses on vital humanitarian efforts that often go undocumented and ignored and explores the role of empathy in humanitarian work.

Boltanski examines the moral and political implications for a spectator of the distant suffering of others as presented through the media. What are the morally acceptable responses to the sight of suffering on television, for example, when the viewer cannot act directly to affect the circumstances in which the suffering takes place? Luc Boltanski argues that spectators can actively involve themselves and others by speaking about what they have seen and how they were affected by it. Developing ideas in Adam Smith's moral theory, he examines three rhetorical 'topics' available for the expression of the spectator's response to suffering: the topics of denunciation and of sentiment and the aesthetic topic. The book concludes with a discussion of a 'crisis of pity' in relation to modern forms of humanitarianism. A possible way out of this crisis is suggested which involves an emphasis and focus on present suffering.

The 1949 Chinese Communist Revolution is a subject of inexhaustible historical interest, but the plight of millions of Chinese who fled China during this tumultuous period has been largely forgotten. Elusive Refuge recovers the history of China’s twentieth-century refugees. Focusing on humanitarian efforts to find new homes for Chinese displaced by civil strife, Laura Madokoro points out a constellation of factors—entrenched bigotry in countries originally settled by white Europeans, the spread of human rights ideals, and the geopolitical pressures of the Cold War—which coalesced to shape domestic and international refugee policies that still hold sway today.

Although the United States, Canada, Australia, New Zealand, and South Africa were home to sizeable Asian communities, Chinese migrants were a perpetual target of legislation designed to exclude them. In the wake of the 1949 Revolution, government officials and the broader public of these countries questioned whether Chinese refugees were true victims of persecution or opportunistic economic migrants undeserving of entry. It fell to NGOs such as the Lutheran World Federation and the World Council of Churches to publicize the quandary of the vast community of Chinese who had become stranded in Hong Kong.

These humanitarian organizations achieved some key victories in convincing Western governments to admit Chinese refugees. Anticommunist sentiment also played a role in easing restrictions. But only the plight of Southeast Asians fleeing the Vietnam War finally convinced the United States and other countries to adopt a policy of granting permanent residence to significant numbers of refugees from Asia.