K.A.A.N. Thilakarathna
Dept. of Public and International Law, University of Colombo, Sri Lanka
Email: akalanka@law.cmb.ac.lk
Abstract: This article critically examines the philosophical foundations of human rights and their contemporary relevance in light of two pressing global challenges: the Gaza conflict (2023–2025) and the expansion of digital surveillance regimes worldwide. Drawing on natural law theory, utilitarianism, and Kantian deontological ethics, the study explores how classical philosophical traditions continue to inform modern human rights norms while simultaneously revealing their limitations in practice. The Gaza conflict is analysed through a natural law lens to highlight the intrinsic moral wrongness of civilian harm and the erosion of universality due to geopolitical selectivity and power asymmetries. In parallel, the rise of mass digital surveillance is assessed through the tension between utilitarian justifications of collective security and deontological commitments to human dignity, autonomy, and privacy. By engaging international legal instruments, judicial practice, and contemporary policy debates, the article argues that philosophical reasoning remains essential for legitimising human rights claims and exposing contradictions between moral ideals and political realities. Ultimately, it contends that while philosophical foundations provide a powerful normative framework for critique and advocacy, their practical enforcement is constrained by realpolitik and technological dominance, underscoring a persistent paradox at the heart of the modern human rights system.
Keywords: Human Rights Philosophy; Natural Law and Human Dignity; Gaza Conflict; Digital Surveillance and Privacy; Utilitarianism and Deontological Ethics.