Acts of accountability : the individuals moral responsability to protect refugees rights when the rule of law in modern States fails to do so

Abstract

When human rights violations occur within the rule of law of modern states as a result of the instrumentalisation of human rights, it is inevitable to ask what role and moral responsibility the individual has to protect them. Not least if the rights are referred to as fundamental. This thesis addresses the individual’s role and moral responsibility to protect refugees’ rights when the rule of law in modern societies fails to do so. Furthermore, the thesis aims to look at the interaction between the morally responsible individual and the rule of law in those situations. Different theories of moral philosophy will be presented. The moral theories of Immanuel Kant will be presented and analysed as he has had strong influence on the emergence of modern thinking. From his theories will follow critique deriving from philosophers in the area of contemporary moral philosophy; among which the foremost will be Hannah Arendt and Zygmunt Bauman. A specific case-study will then be provided in order to implement the theories of the different philosophers into practice. The case concerns the Swedish authority’s deportation practices of Christian Iraqis. From without the moral negotiations possible consequences will be discussed. These possible consequences culminate from negative resistance, based on what ought not to be done, and positive action, based on what ought to be done.