Today was the funeral of one my best friends and, more importantly, one of the most significant architects of the international human rights system as it developed in the last 50 years. Theo (Theodoor Cornelis) van Boven, was born in Voorburg on 26 mei 1934 and died peacefully in Maastricht on 9 mei 2026.
I have had the honor to work with him for many years [our lives intertwined over a long period of time and on different locations] and wrote about him several times. Most recently “Courageous Leaders and NGO Initiatives” in Ramcharan and others (ed), The Protection Roles of Human Rights NGOs, Essays in honour of Adrien-Claude Zoller, Brill Nijhoff, Leiden, 2023 (ISBN 978-90-04-51677-9), pp 614-636.
So, here a large part of the section on this great man:
This section is about a man who was crucial in getting the United Nations and NGO partners to deal with human rights protection. Much has been written about his work and the enormous contribution Theo van Boven made to the UN human rights machinery as we now know it. ..
Nowadays the United Nations has an elaborate machinery to deal with human rights violations. The system is far from perfect and still too often subject to political pressures and selectivity but there are now a great many thematic and country mandates, emergency sessions and there is an International Criminal Court against impunity. Wind back 40 years and none of this existed. The violations were there for all to see but not for the United Nations, which preferred to consider this part of the ‘internal affairs of sovereign states’. The man who would make it his life’s mission to change this, Theo van Boven, got in 1977 the position from where to do it: Director of Human Rights in the UN.
His teenage years were eaten up by the second world war. His memories of that period, his strict protestant background and his law studies in Leiden led him to enter an area that was not so obvious at the time: international human rights. He studied in the USA, wrote there a thesis on freedom of religion and soon afterwards, around 1960, he found himself as a young diplomat shaping the human rights policy of the Netherlands. A decade later the protest against the Vietnam war, the violations by the Greek colonels, the coup d’état in Chile and President Carter’s new policy on human rights pushed human rights suddenly higher on the political agenda. Theo had become an expert member of the UN Sub-commission on Human Rights and was one of the engineers of the first UN effort to investigate large-scale human rights violations, namely Chile. I myself met him when he was still a young professor lecturing on human rights in Amsterdam. Then – in the summer of 1977, the same month I started at the ICJ – he was appointed Director of the small human rights secretariat of the UN in Geneva. Here he started his work to bring dictators to accountability and to give the UN a capacity to deal with gross and systematic violations of human rights. Something that is now taken for granted but it would cost Theo his job.
Unlike his predecessors, Theo van Boven did not put all his faith in quiet diplomacy and he regularly talked about the need for the UN to address gross and systematic violations, about the mobilisation of shame and stated that the UN should care about victims. He also started to receive the victims – and the NGOs who represent them – in his office. This led to an incident that would be comic if it was not for the consequences. J. Matarollo was an Argentinean exile lobbying against the generals in his homeland who were killing left-wing opponents by the thousands. Theo agreed to hear him and told his secretary (inherited from his predecessor) to call Matarollo to give him an appointment in the early of hours of the next day. She faithfully called the Argentinean embassy assuming that he was a diplomat as these were the kind of people that normally met with the Director. The next day there was no Matarollo but an angry Note Verbale from Argentinean Ambassador Martinez accusing Theo of meeting with terrorists.
In the UN he did not conform to the image of the traditional diplomat, e.g. by pinning an anti-apartheid button on his suit, but even more so by publicly stating that NGO reports about dead bodies floating down a river in Guatemala were true, or by denouncing disappearances in Chile and Argentina. When in 1980 the government in the USA changed and Ronald Reagan and his team decided to play down violations by right-wing regimes, especially in Latin America, Theo did not flinch and openly criticised their support to these dictatorships. “Naming and shaming” by a UN official was unusual and not easily accepted by the diplomatic community. The Latin American regimes – led by Argentina and silently encouraged by the US – started a campaign to oust Van Boven as Director of Human Rights.
To complicate matters for van Boven, the new UN Secretary-General must have felt little sympathy for this particular Director, as J. Perez de Cuellar had earlier, in 1980, been appointed as Special Representative by the previous Secretary General to go to Uruguay and look into the human rights situation. His report was such a whitewash that it was heavily criticized in the Commission on Human Rights. How correct this reaction had been was shown when the famous pianist Estrella – whom de Cuellar claimed to have visited in the Libertad prison – came to Geneva and told the I.C.J and others that there had been no such visit.
In the meantime in 1980 Theo had put great energy – together with some key NGOs in creating a Working Group on Enforced Disappearances. As a mechanism focusing only on Argentina was politically not feasible, the new idea was to create a thematic mandate on the phenomenon of disappearances in the knowledge that Argentina was going to be the main target. At the decisive session the tension was enormous as the outcome of the vote was very uncertain. The Jordanian Chairman of that session had to deal with endless procedural issues, many of them proposed by Uruguay (egged on by Argentina which was only an observer). Finally, late at night the Chair felt that the resolution creating the mandate could be passed without a vote and moved to do so, but the Uruguayan Ambassador again started to put up his name plate as a sign that he wanted the floor. The Chairman quite unusually interrupting, looked directly at the Uruguayan Ambassador and said: “I URGE my brother from Uruguay NOT to do this..” The name plate slowly turned downwards again and the Chair immediately declared the resolution adopted. The NGOs and tens of Mothers and Grandmothers of the Plaza de Mayo in the public galleries started a spontaneous applause and quite a tear was shed. ..
In early 1982 the issue of Theo van Boven’s tenure as Director came to the fore. His contract had to be renewed which normally was a routine matter, but not this time. The issue came to an explosion when Theo’s opening speech to the Human Rights Commission was sent on a Friday evening to the UN Secretariat in NY for information and at the same time given to the UN Office of Information in Geneva for distribution at the time of delivery the next Monday morning. The UN Office of Information decided to make the statement available to the media that very Friday evening (with the usual proviso: “check against delivery”). The Representative of Guatemala in Geneva obtained a copy of the statement and vehemently objected to the statement. The SG’s office demanded that Theo should refrain from mentioning countries by name – which Theo refused not only out of principle but also because the press would notice the difference on Monday and assume that there had been pressure to remove the names.
As a family friend bringing the kids back from a ski outing, I happened to overhear Theo on the phone to New York agreeing to a ‘compromise’: he would mention at the beginning of his speech that certain passages were done in his ‘personal capacity’. A few days later Theo was suddenly informed that his contract would anyway not be prolonged. His announcement at a dramatic session of the Human Rights Commission grew quickly into an international diplomatic incident.
As I was on the verge of leaving the ICJ, I had some time on my hands. So I got the idea – warmly supported by Niall McDermot – to publish a book with a selection of Theo’s major speeches from the last five years. One of his Special assistants, Bertie Ramcharan, who had written a good part of them, was very helpful and we managed to get a book out within only 6 weeks. The first copy was flown in to Geneva by the publisher and presented to Theo at a public farewell which the ICJ had organised for him. NGOs, some UN staff and students showed up in such large numbers at the university hall that the fire brigade had to refuse access to late comers. Speech after speech – including by Saddrudin Aga Khan – cantered on Theo role in getting the UN machinery on human rights to deal with violations more concretely and on his support for human rights NGOs…
With Ian Guest and many others, I remain convinced that Theo’s dismissal from the UN was the result of pressure by Latin American dictatorships with support from the Reagan administration. As stated in People Matter, he was “hired and fired for the same reason: his deep commitment to human rights”.
After his dismissal Theo and his family returned to the Netherlands where many were very disappointed that there was no real interest in giving him an equivalent position in the foreign affairs department and he ‘ended up’ in the new University of Maastricht as professor of international law, where together with others such as Cees Flinterman he bent the research programme into his favourite direction: human rights. He continued his involvement in international activism in a variety of functions: with NGOs (e.g. European Human Rights Foundation, IMADR, International Alert), and with the UN (e,g. the Sub-commission on Human Rights, Special Rapporteur on Compensation 1990 -1993, Special Rapporteur on Torture 2001-2005, first Registrar of the UN Yugoslavia Tribunal). In 1998 he became the Head of the Dutch Delegation to the Rome Conference which created the International Criminal Court (ICC).
In 1985 he was called to Buenos Aires as a witness to testify against the nine military leaders (including Videla) for their human rights violations in the period 1976 en 1983. The UN had advised him not to go but he felt that he should do anything to end the impunity of these perpetrators. Theo’s testimony – he was called already on the 2nd day – was seen as crucial in establishing that the leaders of the Junta must have known about the massive violations. Theo took the same position with regard to the father of princess Maxima Zorreguieta (the wife of the king of the Netherlands). As Minister of Agriculture Jorge Zorreguieta must have known about the atrocities and should at least have taken distance instead of denying any knowledge. A position which Theo took in 2001 and was still heard defending in 2012.
In the light of Theo van Boven’s recurring clashes with Argentina it must have given him great moral satisfaction when on 26 November 2009 he received a degree honoris causa from the University of Buenos Aires as well as the highest decoration from the Government.
He was rigthly honored with 4 human rights awards, see: https://www.trueheroesfilms.org/thedigest/laureates/01889BD2-06CD-49BA-9A71-1BBFFFA9121A
ICTJ stated: “Van Boven’s commitment to the pursuit of justice was relentless. He spoke up about impunity and accountability in contexts of repression such as the military dictatorships in Argentina and Chile, where he also championed the cause of the disappeared, even when political pressure limited others from doing so. Today, ICTJ honors his voice, his perspective, and his deep-rooted legacy. Inspired by his resolve, we will continue our commitment to uphold human dignity above all else in the pursuit of justice and lasting peace all over the world, however long it takes.“
https://www.ictj.org/latest-news/ictj-mourns-passing-theo-van-boven-pioneer-victims%E2%80%99-rights
for the Dutch speakers :
Hans Thoolen on Human Rights Defenders and their awards 