The Panopticon of International Law: Human Rights Compliance in a Transnational Society

Abstract:     
This paper analyzes the influence of transnational actors on compliance with international legal rules, as part of Foucault’s power/knowledge structure. Particularly it examines the effect of the “Shooting Back” project, by the Israeli NGO B’Tselem, on the level of investigations of alleged violations of the law of occupation. According to Bentham’s principles of Panoptism, power should be visible and unverifiable. Transnational actors, through their geographical spread and their civilian activists, conjointly with their use of cheap and available means of communication provide both. The implementation of these principles is well presented by the “Shooting Back” project. In 2007 B’Tselem supplied Palestinians living in high-conflict areas with video-cameras in order to capture, expose, and “seek redress for” human rights violations in the Occupied Territories. This project caused soldiers and their commanders to be aware of the possibility that they are observed and documented, without knowing the exact source of the observer.

Number of Pages in PDF File: 15

Keywords: Foucault, Panopticon, B’Tselem, Transnational Law, IHL, Compliance

working papers series