Henry J. Richardson III: The Father of Black Traditions of International Law

Abstract

This essay argues the scholarship of Henry J. Richardson III, (Hank), undoubtedly makes him the father of black traditions of international law. His scholarship displays the interconnected histories of peoples of black descent in the U.S., Africa and in the Western hemisphere, including in Haiti. No other scholar has as sharply focused on the black experience in international law as Hank has. He has both the historical vantage point to see the continuities in the black experience around the world and a powerful ethical imperative for justice, equality, and accountability.

In particular, this essay argues that Hank has masterfully articulated a theory of Black international law that incisively demonstrates the commonalities among oppressed peoples of the global community. While other critical theorists of international law have emphasized the presumed civilization divides and fissures that defined the violent origins of international law in the encounter between the West and the rest, Hank has emphasized the erasure of the similarities and shared plight of black peoples, particularly the surging economic inequality and violence that they face. In so doing, he is able to so effortlessly link the Black Lives Matter movement and its protests against racial discrimination and police brutality with the killings of minority communities in the oil rich Niger Delta as well as millions of civilians in oil-related military conflicts in the Middle East.

Hank’s scholarship does not hide behind the finer details of international legal doctrine or the often-overstated formality of international legal rules. Rather, his primary concerns are the normative commitments embodied in international law and how they can and should be mobilized to address the plight of marginal peoples everywhere whatever the current source of their oppression may lie — whether it be colonialism, apartheid, occupation, economic policies, or even legal rules or their applications. He shines the spotlight on how the black experience, underwritten by racism and economic disempowerment, could nevertheless be addressed by the egalitarian promises of international law. In addition to reflecting on his important academic writings, this essay also highlights the mentorship he has provided to scholars particularly those working on critical approaches to international law including Critical Race Theory, Third World approaches to international law, (TWAIL), Critical-Race Feminism, feminist international law as well as LatCrit and BlackCrit theories. In addition to tracing Hank’s scholarship, this essay also focuses on his activism to end apartheid in South Africa as well as to diversify the international legal profession and scholarship.

Keywords: Henry Richardson III, Race and International Law, Critical Race Theory, TWAIL, Black International Law