Menneskerettigheder: Et moralsk argument med eksempler fra krigene i Eksjugoslavien

Abstract

The main goal of the thesis is to develop a theoretical framework for human rights. The new theoretical framework builds on existing theories, which can be defended from a conceptual basis on how it can be applied empirically, but simultaneously can also be operational in the real world based on the international political challenges that globalisation poses. This theoretical framework analysis of the concept of human rights is proven through realistic examples from wars in Ex-Yugoslavia. I also include other examples of conflicts that illustrate the moral concepts that evolve between theory and reality. Based on these “war” examples my thesis answers the following questions: 1) What is the moral foundation for the convention of war? 2) What actions (means to an end) are acceptable to use in a war situation? 3) What principles of fairness have to exist when we talk about the legitimacy of statehood? 4) How can human need for recognition support the new conceptional human rights legitimacy? 5) How can the “Recognition Model” explain social conflict dynamics? First, I investigate the moral dilemmas of war and I illustrate how I see a possible model for just war or military intervention. The investigation looks at war from a utilitarianism and moral perspective. The analysis will use the thoughts of the political theorist, Michael Walzer, to look at the idea of fair war. I will also use the theory of John Rawls to investigate the human rights principle necessary for a legitimate state. In this manner, human rights receive a rational theoretical extension, and does not end up as United Nations dogma. Finally I use Axel Honneths concept of recognition within the theoretical model on the legitimacy of the concept of human rights to explain the moral dimensions of the war in Ex-Yugoslavia.