U.S. Misguided in Decision to Leave UN Human Rights Council

By Mary Hansel, Deputy Director, Loyola International Human Rights Clinic

The U.S. decision to leave the UN Human Rights Council is disappointing on a number of levels and, frankly, shows a lack of understanding about how the international human rights system works. This decision will harm U.S. interests, as well as the Council itself.

By giving up its seat on the Council in misguided protest, the U.S. is actually limiting its own influence over the Council and its state members. Withdrawing from the Council means forfeiting a key position in shaping Council operations, agendas and human rights decision-making. Meanwhile, the Council will still conduct periodic reviews of and condemn the human rights records of the U.S. - and of Israel - as part of its Universal Periodic Review process and through various resolutions. (Indeed, one of the reasons the Council is so innovative is that all 193 UN member states are subject to human rights scrutiny, regardless of Council membership or treaty ratification.) Thus, the U.S. is cutting off its nose to spite its face here.

Despite the capitulation that the U.S. is hoping to achieve, many members of the international community are saying "good riddance" to the U.S., given the Trump Administration's apparent disregard of human rights and disruptive antics at the UN. However, the U.S. career diplomats who work with the Council are well-versed in human rights and tend to have a positive, moderating influence on other state members with egregious human rights records. Conversely, the U.S. departure means that the Council and its members will lose their potentially moderating influence over the U.S.