
2 Journal of Global Health Law 80 2025
A cursory review of the history of medical experimentation shows a throughline between the dehumanization of the colonial past that has shifted and morphed to the ostensibly postcolonial present. The instrumentalization of Black and other presumptively “useful bodies” endures in global health. Medical neocolonialism relies on the subtraction of the agency of subordinated communities and peoples, where their agency is removed in the service of the interests of others through both indirect and direct modalities. Global health law and its institutions sustain the problematic reality of lackadaisical domestic enforcement with a weak international regulatory and monitoring regime on clinical and medical experimentation. International law regulating bioethics does so primarily through legally non-binding instruments with only one regional treaty specifying the scope and content of what is legally prohibited. Further, the primary sources of the World Health Organization are conspicuously silent on repairing and redressing historical and ongoing injustices in health relating to medical experimentation and other forms of subjugation. Moreover, even where international legal and regulatory frameworks exist on paper for study participants, the de facto policy of treating Black, Indigenous, and other peoples as expendable requires more robust measures to counteract the persistent nature of anti-Blackness and other practices of dehumanization. Returning to articulated visions of decolonization, anti-subordination, reparative, distributive and health justice, and building on this radical imagination in theory and practice, is essential for positive transformation in global health.