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Introductory remarks
My first thesis is that there is a relation between International law's meaning of a neutral power
mediator and the unmediated power it creates through mediation, which is not accounted for by
impartial values and institutions, thus suspending the rhetoric of neutrality. My second thesis is that
contradictory emancipation claims result in current international political discourse from that
unmediated power, leading repeatedly to what I call 'emancipation games'. This two theses suggest
thinking neutrality anew. With 'neutral mediator' and 'neutral mediation' I designate the impersonal
symbolic meaning of law as normative authority capable of structuring human interactions without
I begin with two large-scale accounts on IR. They concern the actual status quo after the WWII,
when principles of human rights and national sovereignty become schizophrenically both
paramount in post-war international law (Douzinas, The End of Human Rights, 118). The one
account deals with this condition by questioning the normative value of today's Human rights
movement putting it in a continuum with colonialism (Douzinas, Human Rights and Empire, 83).
This interpretation, which we might call instrumental, has destructive consequences for the human
rights notion of emancipation, since here emancipation means 'a label for the opposite, namely
global domination'. Through the other account Human Rights get substantive support by universal
philosophical projects, justifying neutral mediation in IR. Here belong Juergen Habermas's project
for local legal enactment of universal human rights and Rainer Forst's project for moral
constructivism of human rights. They are embedding neutrality within a strong intersubjective
framework, so that any normative principle would gain legitimacy by reflecting its own interactive
history. Although this speaks in favor of common understanding and language about rights, these
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universal projects set a firm boundary of discussion, which is set in the first case by the liberal
moral code as a condition for any viable political life. In the second case it is the implicit restriction
imposed by the context of moral justification that sets a firm moral value on the Human rights
movement, thus failing to reflect on conditions for discerning strategic power from neutral
Dynamic Neutrality
So far, if we insist on the impartial neutrality of the value framework as a precondition for the
Human rights regime, we can not tell apart moral content from strategic power; if we treat the value
network as instrumental by design, we can account for the impact of the mediator, but end up with a
Despite the opposition of instrumental and universal interpretations , the neutrality of principles
puts them on the same side of the problem. First, because both imply that impartiality of mediation
is what is at stake in the debate about neutrality of human rights; and second, because both strive to
moral language defining political actors by stiff roles; Thus, on the instrumental view the political
West is in the role of oppressor opposed to the oppressed peoples and emancipation means
disempowering human rights. Universalism, on the other side, defines as oppressing every power
which does not meet the egalitarian form of society; then emancipation entails disempowering
national governmental institutions. Thus both positions can not dispense with a basic moral standard
a standard which is here to mediate and thus control the power which threatens autonomy. But, on
the other hand, it is precisely this moral judgment that prevents estimation of the impact of
mediation. In order to to such estimation, we have to reflect upon the meaning its usage creates in
the act of mediation, observing how this meaning operates within the reality to which it normatively
relates.
Such estimation requires analysis investigating normative notions not only in their function as a
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framework for political interaction in IR, but also as a tool in the process of interaction, which can
I will recall a consideration, pointed by David Hirsh (Law against genocide) and discussed last year
on this conference by Robert Fine. According to it, parties that oppose each other in a political
conflict involving international law can be disdainful of actually existing international law on the
grounds that it is controlled by their opponents, but still use its rhetoric to accuse the other of
hypocrisy (Fine, Dehumanizing, p.13). This hypocritical behavior finds most notably expression in
the selective appeal to law where one's own political interests are supported by it, while readily
slipping out of judgment when they are inhibited by this law. There can be different prognostic
suggestions about this problem. But there can be no doubt that law as a mediator can exist
simultaneously in the mode of a tool for interaction, where its symbolic power can weaken or
reinforce political action. So, if the instrumentalist argument suggests that neutral law is doomed to
fail in IR, and universal ideals envisage the future of impartial global authority, another important
possibility lies at hand. It requires shifting our focus from institutions to dispositions of political
action. Turning again to Robert Fine's argument, we should conceive of law not as a transcendent
authority, but rather as material resource, which we can use for constituting ourselves as
collectivity in a new way. The key to dealing with equivocations in international law lies,
according to this argument, in themselves. It is our reflection upon them that gives the hope for
developing a reasonable understanding of international law and a 'human rights culture' which
today still 'lags behind institutionalization of human rights' (Dehumanizers, 14). While I basically
agree with this argument, I will comment on two points. 1. Reflecting on equivocations helps
overcome one part of the problem namely undue idealization of international law and recognition
of its instrumental role in political actions; but it can not by itself contribute to the development of a
worldwide trust in law as a mediator, since these very equivocations hinder the more comprehensive
reconstituted human identity in view. 2. And reflecting on law as reliable 'material resource' for
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coping with our common task of living together depends itself on our belief that it is not such
resource for someone's interests, and not on the belief that we have no alternative way of
coexistence. That is why we must define what enables neutral interpretation of law. Instead of
attaching the symbolic power of neutral mediation to the partiality vs. impartiality debate about
institutions, I suggest that we can set it in a neutrality equilibrium. The notion of such equilibrium
can help us establish neutrality of mediation in political interactions, without grounding authority in
future or otherwise contra-factual assumptions. The symbolic equilibrium consists namely in the
fact that the symbolic power of the mediator is constituted through the reverse proportion between
neutrality and strategic action. This proportion enables not impartial but dynamic neutrality in
the current equivocal condition of international law: dynamic is the neutrality which decreases
symbolic power of the mediator to the extent that it promotes strategic action; and increases it to
the extent that it does not support such action. According to this correlation, anyone that uses the
mediator as a tool for interaction, can rely on its neutral power only to the extent that it does not
break the equilibrium which surely leaves a space for strategic usage, but it is a definite, and
limited space. Conversely, in order not to lose the benefits of mediation neutrality, any agent will
want to make investment in its neutrality, taking actions which either do not advance, or compensate
Dynamic neutrality presupposes suspending priority of one's own strategic ends as inseparable part
of the mutual dispositions for adequate political action. It is not concerned with the stiff or
'global' - identities that today normally trigger allegedly legitimate international political actions,
but rather should describe relative positions occupied by these actions in the continuum of the
equilibrium. But because describing IR as system of interactions, based on such neutrality, depends
on the mutual dispositions and not on inherent neutrality of mediator, political action cannot be
meaningfully understood as simply as 'pursuing oneself's interests'. In this respect I would like to
refer to the somewhat cautious, but important attempt of Axel Honneth to apply the theory of
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recognition to IR (Honneth, Recognition between States. On the moral ground of International
expectations, feelings, and needs of any national community, whose self-understanding can not be
grasped independently of its being accepted in one's own identity. The main tenets of this approach
to IR, namely the priority of the normative dimension of recognition to the strategic dimension of
conditions for dynamic neutrality, as it shows a side of shaping relations between states that remains
in the shadow of Realpolitik: namely, that a state cannot possess identity and accordingly actualize
itself independently, but only can have identity reflected from other states.
This view, which Axel Honneth explicitly opposes to Hegel's belief that only underdeveloped and
deprived of rights peoples need recognition, helps understand the dual structure of political action.
As far as identity is a reflected identity, not only the realization of political ends, but how they
reflect back from others (and in Honneth's model these are reflections between collective identities
[But, on the other hand, the notion of dynamic neutrality is difficult to unite with the concept of
'justifying narrative', through which Honneth, following Rainer Forst and Klaus Guenther,
defines normative continuity between the hypothetical 'we' and the course of political interpretation.
The difficulty stems from the 'affective dynamic' between different collective identities: on the
diversity, on the 'negative' scenario it approaches the 'clash of civilizations'. In both cases, if we are
seeking possibility of neutral mediation between given, self-referential, and historically divergent
identities, a separate, detached framework is indispensable, which will again turn us back to the
problem of its impact on the process of mediation. I will turn again to this problem later.]
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Emancipation games
Proceeding from the notions of 'neutrality equilibrium' and 'reflected identity', the most rational
course of political actions in the environment defined by human rights - and especially controversial
ones, which at the same time are most of all in need of neutrality is to keep on the 'edge' of the
equilibrium. This is so, because near that boundary is the proper correlation between pursued ends
and recognized identity in the international community. Thus the ultimate supposition of interaction
in the state of equilibrium, where the mediator can be simultaneously a framework and a tool for
The difference of estimating political action in relative, and not in global terms, lies in
(re)construction of a more adequate account for neutrality by means of the 'framework' and 'tool'
modes, thus possibly escaping the perils of idealizing international law. Since it is construction of
global identities which on the first place detaches mediator from the process, dealing with relative
terms, and thus placing identities in a complex relation context, aims at suspending global judgment
Avoiding global identities replaces notions such as 'oppressors and oppressed', 'colonists and
colonies', 'victims and tyrants', with more systematic relations. Similar deconstruction of stiff
identities finds expression in the drama triangle, developed by transactional analyst Stephen
Karpman, giving a possible solution to the task to define flexible yet formal relations using three
positions: 1. persecutor, 2. victim, and 3. rescuer. Originally developed for analysis of individual
'transactions' (a technical name for the simplest singular form of social interaction), this model is
applicable to international identities, which can be named international transactions as well. The
usefulness of the drama triangle for a tool-framework approach I see in the following. 1. It enables
reconstructing dimensions of the tool and framework modes inside the system of transactions. 2. It
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thus helps scrutinize responsibility, rendering manipulative usage of the framework more
observable than through global identities. 3. It helps to articulate the three essential identity
positions using interactive language, instead of language of discrete identification. This last point is
decisive for the way we identify moral causal relations while global thinking places identities on a
causal line, that is, assume that persecutor 'creates' the victim and rescuer reacts to the persecutor in
order to release the victim, in the interactive language the three positions are 'active' positions (that
Now, assuming that the neutral mediator partakes in interactive relations, there should be a
conceptual place accounting for its dynamic neutrality. But the threefold relation implies that any
added position tends to merge with one of the three positions. In the linear model, we can express
neutrality by placing the mediator on the rescuer position thus mediating the victim and the
persecutor positions. And that is what we do, when we believe that law is there to mediate the
unmediated power between victim and persecutor, and believe that it is neutral to the extent that
mediation operates from the rescuer position. But in the interactive model, a triple mediation is
necessary to describe any process of the system of interactions. [(V) mediates the relation of (P) and
(R); (P) mediates (V) and (R); and (R) mediates (P) and (V)] This systematic meaning determines
first that it is untenable to preserve the mediating role exclusively to the neutral mediator itself; and
that if a mediator is moving away from a position, it tends toward one of the other two positions.
This triple mediation helps us describe the unmediated power created by the mediator in the
particular political context, marked by intertwined relation between Westphalian and Human rights
principles. Such power owes its existence on the fact that symbolic meaning of emancipation and
domination can equally well offer normative defense for both frameworks, thus enabling multiple
mediation leading to 'emancipation games'. Their meaning involves the normative context of the
notions of autonomy, emancipation and mediation in a rational way, but this rationality is based on
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shifting between the 'framework' and the 'tool' mode of neutral mediation so that the last is
functioning against its own neutrality. Describing such games involves E. Berne's game analysis,
also a part of transactional analysis, which aims at describing particular social interactions
predictable outcome [definition of Game] (Berne, Games people play, 19). So, what appears as
separate operations, reveals only in the end of the game the meaning of 'moves' in it, directed
toward a strategic end. Essential in the structure of games is the double perspective, which offers
possibility for the ulterior behavior. The intertwined international framework, created by
introducing the human rights principle, opens similar possibility for advancing strategic ends
'behind' the neutral rhetoric of defense against domination, on which both the imperialist and the
universal rights interpretations rest, because of the contradicting content of the values of autonomy,
emancipation and mediation. According to Human rights regime 'autonomy's subject is the
individual; for the Westphalian status quo it is the state. In the first case international institutions
mediate the relation of the individual to the state; and in the second the state is a mediator between
the individual and other authorities. This is how 'emancipation', which ultimately grounds on the
basic value of autonomy, can and do legitimate conflicting global claims; so far as we operate with
global terms, freedom in the one sense implies dependency (or intervention) in the other. So it
seems that until national identities exist along with international structures, there will lie at hand the
mutual emancipatory rhetoric between rights empire and moral utopia, allowing also for more
complex games such as 'emancipation from the emancipators', or 'partial recognition of a system of
rules'. But if it is controversial that description of such emancipation games may contribute to
enhancing autonomy in human interactions at least this requires further arguments then it can
give us a more concrete understanding about the neutrality equilibrium in international relations.
And since it is not the formal meaning of drama positions but the development of transactions
around the drama triangle, that is essential for reconstructing relations between participants
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(including the mediator), then only the payoff [which in the transactional game formula marks the
end of a game] defines final result and meaning of the entire set of transaction exchanges. Thus if
we define a set of interrelated positions as 'Ruthless dictator', 'oppressed people' and 'democratic
public', the game 'democracy' is approaching. And if we define roles such as 'dedicated leader',
'rabble of criminals', and 'neo-colonists', the game 'self-sacrifice' is about to start. But it is not
before the unfolding of further transactions that the proper kind of the game and its potential for
dealing with the neutrality equilibrium could be estimated. So whether immigrant waves resulting
from the heat of democratic action are responded to by closing national boundaries, or by respecting
the basic Rights of Man [Arendt], will result in different games, (or maybe different kinds of the
ourselves [~ Fine's point]. On the one side they are derogatory to the possibility for a neutral
mediation. On the other side however they can create a transactional field in which common
language grows more important than cultural or historical divergence thus gradually outweighing
the 'clash of civilizations' effect of 'justifying narratives' and supporting strategies for investment in
neutrality.