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REIMAGINING STATE
AND HUMAN
SECURITY BEYOND
BORDERS
Cover illustration: Pattern adapted from an Indian cotton print produced in the
19th century
Though I cannot possibly thank all of the people who made this book pos-
sible, I do especially want to thank those who inspired some of its ideas.
Among them are Vittorio Hösle and Tom Wheeler; Franklyn Lisk, Solly
Benatar, and Kaymarlin Govender; and Catherine Burns and Teresa
Koloma Beck. I also thank the Politics and International Studies (PAIS) at
the University of Warwick for the opportunity to start—and finish—such
a project.
Thanks and love always to my family.
This project was supported by funding through the EU Horizon 2020
project European Leadership in Cultural, Science and Innovation
Diplomacy (EL-CSID), under Grant Agreement No. 693799. The views
expressed herein are those of the author and do not necessarily reflect the
EL-CSID project.
vii
Contents
ix
x Contents
Index 101
Abbreviations
xi
xii ABBREVIATIONS
xiii
CHAPTER 1
1.1 Origins
The origin of State responsibility for security predates even the Treaty of
Westphalia. It is to be found in the two pillars of modernity which argu-
ably emerged with the articulation of dual allegiance expressed in
Christianity. While not arguing for an exclusive Christian viewpoint of
human security, taking the particular contributions of the influence of
Christian ideas about God and the State into account does shed light on
the secular constellation of Statehood which continues to be the building
block of the international, State-based world order. Thus these dual alle-
giances refer not to those separate allegiances owed God and Caesar, but
instead to the dual pillars of human and especially universal human rights.
Here the first pillar refers to the conception of a deity in the arcane world,
conveying a human right on the human creatures of the earth created in
that image.
In Christianity there is only one god who is fundamentally concerned with every
individual person’s salvation, it paves the way for modern individualism,
which culminates in the assumption that the individual has inalienable rights.
(Hösle 2003, 23)
Building upon this argument, the second pillar confers that human right
universally, on all human beings as beings created in that image.
INTRODUCTION: ORIGINS OF HUMAN SECURITY 3
Only through reflection on the transcendent god did humans emerge from their
immediate unity with their political community, and no matter how much this
god at first bound this community to a religious value world whose claims were
even more unconditional than those of the polis, his ultimate decline left behind
a social world in which even the values of one’s own community appear to be
objective facts that have no claim of their own to be loved or even merely obeyed.
At the same time, this belief afforded a strong upswing, even an infinite emo-
tion, to universal ideals, according to which all human beings should be
regarded as equal. For if there is only one god, then he can hardly be the god of
one’s own people alone. (Hösle 2003, 23)
Pillars one and two together lead one step further even from the separa-
tion, referred to above, between the spheres of Caesar and of God. They
coalesce into a demand upon the governing State, the secular Caesarian
State, to uphold the universalistic morality demanded by Christianity.
“[Christianity] made possible a politics that was finally free of all religious
and especially ritual considerations. …Through an extremely intensive
moralization of the religious, it demanded an influence on politics that
went far beyond what was conceivable for the ancients” (Hösle 2003, 24).
In doing so, Christianity set a high bar for governance and States:
retain the status of the final arbiter of (any) security. This is because only
States possess the necessary legal, procedural, and generally material capa-
bilities of providing for and enforcing (human) security (Šehović 2014;
Šehović 2017 forthcoming). Despite inputs and supplements and assump-
tion of an increasingly diverse portfolio of roles and responsibilities both
internationally and globally on the part of NSAs, whose numbers have
exploded since the mid- to late 1990s, the centrality of States to the world
order prevails.
Indeed, internationally recognized Statehood continues to be a prereq-
uisite for a seat at the rule-making table. Ulrike Guérot, quoted in her
provocative interview entitled “Europe needs to transcend the nation
state” (2016), goes so far as to ask: “Why do we have a system in which
we ask all the communities to become nation states first before joining a
supranational entity?” Though this is not the question to be answered in
this book, it nonetheless represents a lens to the frame explored here. By
holding the implicit presumption of a State-based international order up
to the light, Guérot sets the stage for the question this book asks: In a
world of imperfect State security, of porous borders, how might it be
possible to reimagine establishing and protecting human security beyond
borders?
The question is premised on the endurance of the State-based interna-
tional order. This is a practical consideration as the current order is built
on States. Where and when these also act as Member States in collabora-
tion with NSAs or other actors does not detract from the primacy of States.
The question is also based on two additional assumptions: (1) that bor-
ders are porous, and will continue to be so; and (2) that such porousness
leads to two choices: (a) State-centric security, prioritizing external territo-
rial demarcation, and internally directed citizenship; and (b) human secu-
rity beyond borders, requiring a new conceptualization of citizenship
with(out) regard for territory. The latter would require a reimagining of
the allocation and attribution of human (security) rights and responsibili-
ties. If the first assumption holds true, then the second must also be cor-
rect. That is the argument put forward in this book (Box 1.1).
In order to test its assumptions and to answer its questions, this book
draws on a long list of literature on State sovereignty and human security
and analyzes two relevant case studies. In terms of sovereignty literature,
this can be divided into two sets: that which rests on the assumption of
State sovereignty and its enduring preeminence capable of withstanding
change (Matthews 1997; Philpott 2001; Hösle 2003; Carlson and Owens
INTRODUCTION: ORIGINS OF HUMAN SECURITY 7
2003; Krasner 1999; Kissinger 2015) and that which assumes that the rise
of NSAs in particular presages a State-less, if not stateless, order (Slaughter
2004; Guzzini and Neumann 2012; Risse 2012; Terhalle 2015). It is
indisputable that the number and role of NSAs have increased exponen-
tially since especially the end of the Cold War. A mountain of literature has
contributed to the understanding of their assumption of responsibilities
and potential and modes of accountability. Yet as the case studies, focused
on human security vis-à-vis health and migration, show, the scope and
depth of NSA involvement in, for example, HIV (human immunodefi-
ciency virus) and AIDS response and governance wax and wane. Whether
a trend, or a recurring cycle, can be identified remains to be seen. As such,
it remains an open question whether the ultimate guarantee of responsibil-
ity for human security will rest with States, with NSAs, or with another
form of governance.
The project is exploratory. It refines questions that need asking, and
engages with pressing questions both in the current geopolitical sphere
and at the local level. By articulating and exploring these questions and
possible answers to them, the project aims to bring the questions into the
public sphere and engage with possible community and policy solutions.
First, briefly, this project traces the historical trajectory of rights’
demands on State (Hösle 2003; Carlson and Owens 2003; Philpott 2001).
In doing so, it lays out the argument for State guarantee of human
security—beyond the obligation to protect the integrity of territorial
8 A. BINDENAGEL ŠEHOVIĆ
orders. For the overall argument of the book, it is also necessary to dif-
b
ferentiate between State-focused security of humans—citizens—within
State borders, and the security of any and all human beings both within
and between States. Understanding this distinction makes the case of rei-
magining human security beyond borders plausible.
Second, taking into account these rights’ demands and dimensions of
human security, the project then charts the orders of responsibility between
State and non-State actors, accounting for (any) gaps. Here, the focus is
on not just functional or operational realization of rights, but on their
guarantee. It explores two case studies chosen for their timeliness and
their relevance to both State security and human security, as well as their
complicated relationships to borders: health and migration.
Health is a universal right in theory. It links human rights discourse
with that of responsibility, both State and human. With regard to State
responsibility, health is also linked with defense: securing territory requires
a fit (standing) military (Howell 2014). Responsibility for human health
security takes into account both individual and communal decision-
making and their relationship: individual freedom versus communal pro-
tection, as seen most glaringly in the debate around vaccination (Šehović
2017, forthcoming). As such, health is a unique, local commodity, inextri-
cably tied to communities and States. It is international insofar as its pro-
tection depends upon more than one State’s actions. It is also increasingly
being framed as global in practice: from the WHO through to the current
focus on universal health coverage (UHC) and the Framework Convention
for Global Health (FCGH). Health critically depends upon the implemen-
tation of systems based in and on State capabilities, notably with regard to
services such as maternity care, as well as on surveillance at and across
borders, as is the case with transnational threats such as SARS (severe
acute respiratory syndrome) and H5N1 (avian influenza).
In this, health introduces a dichotomy of threats and vulnerabilities as
distinct from risks (Nunes 2014; Liotta and Owen 2006; Singer and Baer
2011). It is often—not always—possible to minimize vulnerabilities and
risks through the deliberate establishment and use of culturally appropri-
ate and applicable systems (Lenard and Straehle 2012; Farmer 1999). It is
more possible to control risks than vulnerabilities; and both are more con-
trollable than threats.
Vulnerabilities here refer to what Liotta and Owen have debated as
structural weaknesses which make health harder to achieve or to maintain
(Liotta and Owen 2006). Examples include environmental factors such as
INTRODUCTION: ORIGINS OF HUMAN SECURITY 9
1.4 Conclusion
This book ties two traditionally separate spheres together, namely, geopoliti-
cal order as primarily related to State security and human security, typically
rendered a concern of the ‘development’ agenda—of States. Binding the
two reconceptualizes order for both human and State security as seen against
two of the most pressing issues of our time: health and human (in)securities.
It seeks to identify the sources, both theoretical and practical, of the increased
pressure on rights and responsibilities for health and human security.
In so doing, it positions itself within the scholarly debate on the series
of ordering changes that have occurred in the global system of governance
since the 1990s. These have (unwittingly) diverged from the understand-
ing of the State as the arbiter within its territory and as the guarantor of
(human) security within its borders. This had had two separate sets of
consequences. First, an attempt through the paradigm of human security
(UNDP 1994), exemplified but not operationalized by the concept of the
R2P (ICISS 2001), to expand the host of arbiters and guarantors upward
to the ‘global’ (international) community has possibly failed. Second,
interventionist actions of various NSAs to implement material guarantees
of (human) security reaching both citizens and non-citizens (including
refugees) have solved some immediate problems but not answered the
question of where accountability lies at the last instance.
Given the current migration and refugee crisis, this diffuse relationship
between States and citizens, and especially, non-citizens, is of particular
interest. The impending wave(s) of anticipated climate (environmental)
migrants makes an additional case of conceptualizing and addressing the
legal and administrative challenges of (re)negotiating the relationship
between States and citizens, responsibility and accountability. This short
framing of the argument with pertinent examples is an apt way to contrib-
ute to and stimulate further scholarship and practical debate.
INTRODUCTION: ORIGINS OF HUMAN SECURITY 11
References
Benatar, S.R. 2011. Global Leadership, Ethics & Global Health: The Search for
New Paradigms. In Global Crises & the Crisis of Global Health, ed. S. Gill,
217–143. CUP.
Carlson, John D., and Erik C. Owens, eds. 2003. The Sacred and the Sovereign.
Washington, DC: Georgetown University Press.
Farmer, Paul. 1999. Infections and Inequalities: The Modern Plagues. University of
California Press.
Faubion, James D., and Paul Rabinow, eds. 1994. Michael Foucault: Power,
pp. 201–222 (Governmentality), and pp. 365–381 (The Risks of Security).
Gill, Stephen, and Solomon Benatar. 2016. Global Health Governance and Global
Power: A Critical Commentary on the Lancet-University of Oslo Commission
Report. International Journal of Health Services 46 (2): 346–365.
Guérot, Ulrike. 2016. Europe Needs to Transcend the Nation State. Interview in
New Eastern Europe, July 19.
Guzzini, S., and I. Neumann. 2012. The Diffusion of Power in Global Governance:
International Political Economy meets Foucault. Palgrave Macmillian.
Hösle, Vittorio. 2003. Morals and Politics. University of Notre Dame Press.
Howell, Alison. 2014. The Global Politics of Medicine: Beyond Global Health,
Against Securitization Theory. Review of International Studies 40 (5): 961–987.
International Commission on Intervention and State Sovereignty (ICISS). 2001.
The Responsibility to Protect. International Development Research Center
(IDRC), Canada.
Kissinger, H. 2015. World Order. Penguin Books.
Krasner, Stephen D. 1999. Sovereignty: Organized Hypocrisy. Princeton, NJ:
Princeton University Press.
Lenard, P.T., and C. Straehle. 2012. Health Inequalities and Global Justice.
Edinburgh University Press.
Liotta, P.H., and Taylor Owen. 2006. Why Human Security? The Whitehead
Journal of Diplomacy and International Relations Winter/Spring: 37–54.
Matthews, Jessica. 1997. Power Shift. Foreign Affairs 76 (1): 50–66.
Nef, Jorge. 1999. Human Security and Mutual Vulnerability: The Global Policy
Economy of Development and Underdevelopment. 2nd ed. International
Development Research Center.
Nunes, João. 2014. Questioning Health Security: Insecurity and Domination in
World Politics. Global Health in International Relations 40 (5): 939–960.
Philpott, Daniel. 2001. Revolutions in Sovereignty: How Ideas Shaped Modern
International Relations. Princeton: Princeton University Press.
Risse, Thomas. 2012, April. Governance Configurations in Areas of Limited
Statehood. Actors, Modes, Institutions, and Resources. SFB-Governance Working
Paper No 32. http://www.sfb-governance.de/en/publikationen/working_
papers/wp32/SFB-Governance-Working-Paper-32.pdf
12 A. BINDENAGEL ŠEHOVIĆ
Abstract This chapter lays out an argument that citizens’ human rights
are the responsibility of the corresponding State, meaning that citizens of
a territorial State claim particular rights that State is obliged to deliver. In
return, in an aspect which is often neglected in analyses of human security,
citizens also owe allegiance to the State. Citizens’ rights have been
expanded to encompass not only physical protection within a territory but
also a host of economic and welfare provisions. Despite the increasingly
international discourse on human security rights, their legal home remains
with the national State vis-à-vis its citizens. The chapter argues that the
rules of the State-based order are shifting, with no clear loci of responsibil-
ity and accountability for human security.
Governments increasingly understand that they often cannot afford to look the
other way; that fundamental threats to their own security, whether from refu-
gees, terrorists, the potential destabilization of an entire region, or a miasma of
disease and crime, may well have their origins in conditions once thought to be
within a state’s exclusive domestic jurisdiction. (Slaughter 2004, 284)
As the post–Cold War era has shown, both intra- and inter-State conflict
have coincided with the spread of disease. This has been evident in the
former Yugoslavia, in Rwanda and Somalia, in Iraq and Syria (Intrastate
Conflict by the Numbers 2013; Human Security Centre). These conflicts
have seen the increase in cross-border spread of disease such as EVD,
H5N1, HIV, measles (notably in continental Europe, and the US),
MERS-CoV, and SARS, to name a few examples. This incidence salience
of the insight that: “States can only govern effectively by actively cooperat-
ing with other states and by collectively reserving the power to intervene
in other states’ affairs” (Slaughter 2004, 285). It has been backed up by
HUMAN RIGHTS AND STATE RESPONSIBILITIES 17
the normative evolutions first from rights to responsibility, to the R2P, to,
arguably at this moment, the responsibility to respond.
This captures the essence of a continual conversation between human
security and sovereignty. Therein, “internally, a government has a respon-
sibility to respect the dignity and basic rights of its citizens,” and “exter-
nally, it has a responsibility to respect the sovereignty of other states”
(Slaughter 2004, 287), except when a State heeds the (r)evolution rewrit-
ing sovereignty as control to sovereignty as responsibility. Daniel Philpott
describes this shift as part of an ongoing process. He attributes this revolu-
tion in sovereignty to “prior revolutions in ideas about justice and political
authority” (Philpott 2001, 4). The post–Cold War reordering of the world
proffers a multitude of examples of this progress: from emergent multipo-
larity (Flockhart 2016) to the rise of nongovernmental organizations
(NGOs) and NSAs, from the human rights debates to gain access to HIV
treatment to those to usher in the R2P (ICISS 2001), reconceptualiza-
tions of internal and external State responsibility have been pitted against
each other. Though the State remains legally dominant, theoretical and
philosophical evidence underscored by empirics points to two key unre-
solved tensions: the locus of the responsibility for human security and the
scope of human security, particularly in reaching non-citizens.
On the theoretical side, Foucault presciently identified emergent ‘gov-
ernmentality’ (Faubion and Rabinow 1994), anticipating the collaborative
governance that would emerge as States and NSAs sparred and cooperated
in response to ever more global challenges to human security.
The 1990s, amid the (Western) euphoria of the ‘end of history’
(Fukuyama 1989), witnessed an initial acknowledgment that States alone
could not meet the rising number of international and increasingly global
challenges—from the multiplication of intra-State conflict and the prolif-
eration of weapons to water management. Rosenau introduced the idea of
‘governance without government’ (Rosenau and Czempiel 1992), maintain-
ing that governance ‘regimes’ composed both of States and NSAs would form
to tackle specific issues in the international realm. NSAs have long been
engaged in shoring up or tearing down State sovereignty, with (Hösle
2003) or without the consent of the State. While on the one hand a ten-
sion exists between theory and practice of State sovereign obligation with
regard to human security, it also means that though threats to human
security abound on the part of both State and NSAs, precedents likewise
exist for mitigating these to the benefit of human security. To a large
extent, Rosenau has been proven correct: if NSAs are included, then a
18 A. BINDENAGEL ŠEHOVIĆ
Nonetheless, Risse assumes that NSAs will continue their activities. That
these NSAs might be accountable not to the human beings they serve, but
otherwise, or that they might be dependent upon funding sources whose
priorities are prone to shift, remains under-analyzed. It leaves unanswered
the questions of what happens to the State-citizen relationship when they
do not.
Krasner attempts to corral some of these disparate responses to the
sovereign redrafting by delineating four elements of sovereignty:
Westphalian, juridical, domestic, and interdependence (Krasner 1999;
Czempiel and Rosenau 1992). None directly deal with the engagement
between sovereignty and human security explicitly, yet they are critical in
highlighting their exchange. Whether the four ‘sovereignties’ can be
meaningfully divorced from one another and applied in an empirical sense
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cleaned. The larger of the two is called Birket el-Hajj—“Pool of the
Pilgrimage.” The Hajj road to Mecca once passed by way of
Suweida, and from this reservoir the pilgrims drank. Mohammed
Said Pasha, when chief of the pilgrimage, changed the route, finding
the way by the western side of the plain less liable to annoyance by
the robber Arabs. Such reservoirs, more or less preserved and
protected by guards against other use, stand at intervals all along
the great Hajj road to Mecca.
What Suweida was in the far past no one can tell; the very name of
the ancient city seems irrevocably lost. But, judging from the
magnitude of the ruins, it must have played no unimportant part in
the history of the country. An ancient local tradition asserts that Job
was the first emîr or prince of Suweida. It is to this day what we may
call the capital of Jebel ed-Druze, the sheikh being, as we have
seen, not merely chief of the town, but also lieutenant-governor of
the district under the Turks. The appointment of one of themselves
as kaim makâm represents one side of the Turkish policy in its
endeavour to gain the mastery over these free-spirited and warlike
people. The man chosen in this instance was one whose name, if
any, would carry weight with his nation. But even the son of the
famous Ismaʿîl el-ʿAtrash could hardly render himself acceptable to
the Druzes in the ungracious task of tax-collecting—the chief
function of the Turkish official. The other side of the policy has long
been familiar to the world, the method of setting rival factions and
races against each other, fomenting their quarrels, fanning their
animosities, until they are so weakened by mutual conflict that
Turkey can step in without much trouble and lay an iron hand on all.
Of this more anon. There have been stirring times since our visit.
We took a straight line across country for ʿIry, a village crowning a
low hill some two hours’ distant from Suweida. The land is open and
diversified, hill and valley in pleasant succession relieving the
monotony of the plain. The soil is rich, and in this part the Druzes
use it well. Their skill in evading the iniquitous exactions of the
Government doubtless accounts partly for their industry. No one
cares to do his best to raise crops of which he knows he will be
systematically robbed; but the Druzes generally display a
commendable diligence compared with most other inhabitants of
Syria. Jebel ed-Druze, with its neat gardens and trim vineyards
creeping over the slopes, more closely resembles Mount Lebanon
than any other district in the country. With the advantages conferred
by the arrangements made for the government of the Lebanon after
the fearful scenes of 1860, of which recent corrupt governors have
been unable wholly to deprive the inhabitants, such progress has
been made in education, agriculture, and generally in the arts of
civilisation, in spite of the wild and sterile character of much of their
country, as to inspire hope for the rest of Syria when the time comes,
as surely it soon must now, to deliver her from the oppressions of the
Turk. A little over half-way, a large building to the right of our path,
with the Turkish flag floating over it, would have served as a
reminder had we been disposed to forget that we were not beyond
the reach of His Imperial Majesty’s arms.
Arrived at ʿIry, we took up our position on the bank of a little stream,
which was full to the brim with cool water. Fruit trees grew profusely
around, and lent us grateful shade. Forming a circle on the grass, we
discussed the contents of our luncheon-bags with all the relish of a
picnic-party. We had not rested long when a messenger arrived from
the sheikh, bearing his salutations, together with a load of substantial
viands. The chief was engaged with a company of brother sheikhs
from various districts in Haurân, and could not come himself; but
having seen the strangers seating themselves in the grove, he
sought to maintain the tradition of Eastern hospitality by sending to
us of the best—milk, leban, cheese, bread, honey, and, above all,
delicious fresh butter, the first we had seen in our travels. How
delightfully refreshing these were that hot noontide, with rustling
leaves overhead and rippling water at our feet, it is needless to say.
When we rode up to express our obligations to the worthy sheikh, he
and his companions received us with great cordiality. He also is a
son of the celebrated Ismaʾîl el-ʿAtrash, brother of the lieutenant-
governor of Suweida. The younger, he is also much the larger man
of the two. His frame is well built and in good proportion. When
dressed in his state robes of barbaric splendour, and girt with his
golden-hilted sword, he appeared quite a king among men. The
assembled sheyûkh had gathered from all the district between ʿIry
and Salkhad—the fortress on the mountain, marking the most
easterly boundary of Israel’s possession—and they formed a
company of chiefs such as it is a piece of rare good fortune for any
traveller to see. The doctor produced his camera, in which all were
immediately interested. After most of them had peeped into it, and, to
their great amusement, had seen their fellows upside down, they
were in the best of humour, and anxious to have their portraits taken.
This, of course, was what the doctor wanted; and the result was one
of the finest plates in his possession, presenting a striking group of
men, not one commonplace in appearance.