Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.003.0007
- Subject:
- Political Science, International Relations and Politics
The evidence presented in previous chapters contributes to the general argument that the US defends the idea of a society of states because it is in the kind of society that America can preserve a ...
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The evidence presented in previous chapters contributes to the general argument that the US defends the idea of a society of states because it is in the kind of society that America can preserve a preferred self‐image and can best advance its particular interests. This chapter develops that argument one stage further by focusing on the US response to the terrorist attacks of 9–11. From the perspective of the Bush administration, only those fighting on behalf of sovereign states could claim a right to lawful belligerency and the right to protection under the laws of war. Dealing with the terrorist threat through the norms of the society of states, therefore, provided additional normative criteria to delegitimize Al Qaeda and it put the issue of counter‐terrorism in a legal and political setting the US could, as the most powerful state, more or less dictate. The chapter provides historical context to this policy by focusing on the US rejection of Protocol I additional to the Geneva Conventions and illustrates how US lawyers also used the concept of sovereignty in an attempt to escape the oversight of national as well as international courts.Less
The evidence presented in previous chapters contributes to the general argument that the US defends the idea of a society of states because it is in the kind of society that America can preserve a preferred self‐image and can best advance its particular interests. This chapter develops that argument one stage further by focusing on the US response to the terrorist attacks of 9–11. From the perspective of the Bush administration, only those fighting on behalf of sovereign states could claim a right to lawful belligerency and the right to protection under the laws of war. Dealing with the terrorist threat through the norms of the society of states, therefore, provided additional normative criteria to delegitimize Al Qaeda and it put the issue of counter‐terrorism in a legal and political setting the US could, as the most powerful state, more or less dictate. The chapter provides historical context to this policy by focusing on the US rejection of Protocol I additional to the Geneva Conventions and illustrates how US lawyers also used the concept of sovereignty in an attempt to escape the oversight of national as well as international courts.
Michael Cox
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199552030
- eISBN:
- 9780191720291
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199552030.003.0004
- Subject:
- Political Science, American Politics, European Union
Most observers agree that during the cold war the Soviet threat was crucial in holding the two sides of the Atlantic together. This chapter argues that terrorism will not hold the NATO members ...
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Most observers agree that during the cold war the Soviet threat was crucial in holding the two sides of the Atlantic together. This chapter argues that terrorism will not hold the NATO members together in the way the Soviet threat did. In fact, as the war on terror unfolds with probably more attacks on Europe than on the United States, “the divide between the two will grow.” Many in Europe felt that the American approach to fighting terrorism, as exemplified by Guantanamo and Abu Ghraib, was counterproductive. Divorce between the two sides may not occur, but they are likely to drift further apart. “There is no way of returning to some presumed golden past of allied unity using the vehicle of something so ill-defined as an ‘Islamic threat’ to hold the alliance together.”Less
Most observers agree that during the cold war the Soviet threat was crucial in holding the two sides of the Atlantic together. This chapter argues that terrorism will not hold the NATO members together in the way the Soviet threat did. In fact, as the war on terror unfolds with probably more attacks on Europe than on the United States, “the divide between the two will grow.” Many in Europe felt that the American approach to fighting terrorism, as exemplified by Guantanamo and Abu Ghraib, was counterproductive. Divorce between the two sides may not occur, but they are likely to drift further apart. “There is no way of returning to some presumed golden past of allied unity using the vehicle of something so ill-defined as an ‘Islamic threat’ to hold the alliance together.”
Rebecca A. Adelman
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780823281671
- eISBN:
- 9780823284788
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823281671.003.0006
- Subject:
- Society and Culture, Media Studies
In its depictions of Guantánamo Bay detainees, the state’s agenda is obvious. But the state is not the only entity that mediates detainees’ voices: so, too, do the individuals and organizations that ...
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In its depictions of Guantánamo Bay detainees, the state’s agenda is obvious. But the state is not the only entity that mediates detainees’ voices: so, too, do the individuals and organizations that work on their behalf. Reading the history of anti-Guantánamo activism, the chapter demonstrates that it often relies on an erasure of detainee political subjectivity and a refusal of the possibility of detainee anger. Three case studies bear this out. First, a set of city-council resolutions from Massachusetts and California that extended hypothetical welcomes to select detainees on their hypothetical release; the chapter queries the politics of this deeply conditional hospitality and the presumptions of American exceptionalism underpinning it. American exceptionalism is central to the analysis of the next object, the Witness to Guantánamo documentary project, which collects testimonies from former detainees. W2G does crucial documentary work, but its structure also compels the detainees to offer forgiveness and recuperative visions of American goodness. Next, the chapter explores the politics of detainee creative production, with a particular attention to practices of circulation and consumption, and the fictive experiences of intimacy that they promise their audiences. The chapter ends with a critique of a fanciful renarration of Guantánamo’s past and future.Less
In its depictions of Guantánamo Bay detainees, the state’s agenda is obvious. But the state is not the only entity that mediates detainees’ voices: so, too, do the individuals and organizations that work on their behalf. Reading the history of anti-Guantánamo activism, the chapter demonstrates that it often relies on an erasure of detainee political subjectivity and a refusal of the possibility of detainee anger. Three case studies bear this out. First, a set of city-council resolutions from Massachusetts and California that extended hypothetical welcomes to select detainees on their hypothetical release; the chapter queries the politics of this deeply conditional hospitality and the presumptions of American exceptionalism underpinning it. American exceptionalism is central to the analysis of the next object, the Witness to Guantánamo documentary project, which collects testimonies from former detainees. W2G does crucial documentary work, but its structure also compels the detainees to offer forgiveness and recuperative visions of American goodness. Next, the chapter explores the politics of detainee creative production, with a particular attention to practices of circulation and consumption, and the fictive experiences of intimacy that they promise their audiences. The chapter ends with a critique of a fanciful renarration of Guantánamo’s past and future.
Alia Brahimi
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199562961
- eISBN:
- 9780191595059
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562961.003.0004
- Subject:
- Political Science, Political Theory, International Relations and Politics
Examining questions of jus in bello, this chapter begins by applying the principles of proportionality and discrimination to the invasion of Iraq. The analysis then focuses on the Bush ...
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Examining questions of jus in bello, this chapter begins by applying the principles of proportionality and discrimination to the invasion of Iraq. The analysis then focuses on the Bush administration's justifications for the treatment of ‘non‐lawful combatants’ at Guantanamo Bay. Using the logic of ‘supreme emergency’, alleged terrorists were stripped of Geneva Convention protections because the defensive just cause was presented as unusually urgent and the stakes were said to be civilizational. First‐order principles such as the prohibition against torture were qualified by the emergency of the jus ad bellum, thus rendering supposedly absolute human rights contingent upon the state of the world. The Bush administration's ‘choice of evils’ strategy was critiqued by other lawyers, governments, and human rights groups worldwide, as well as by members of the Bush administration's Department of State.Less
Examining questions of jus in bello, this chapter begins by applying the principles of proportionality and discrimination to the invasion of Iraq. The analysis then focuses on the Bush administration's justifications for the treatment of ‘non‐lawful combatants’ at Guantanamo Bay. Using the logic of ‘supreme emergency’, alleged terrorists were stripped of Geneva Convention protections because the defensive just cause was presented as unusually urgent and the stakes were said to be civilizational. First‐order principles such as the prohibition against torture were qualified by the emergency of the jus ad bellum, thus rendering supposedly absolute human rights contingent upon the state of the world. The Bush administration's ‘choice of evils’ strategy was critiqued by other lawyers, governments, and human rights groups worldwide, as well as by members of the Bush administration's Department of State.
ASHUTOSH BHAGWAT
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195377781
- eISBN:
- 9780199775842
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195377781.003.011
- Subject:
- Law, Constitutional and Administrative Law
The eight long years of the second Bush Administration and the War on Terror that it prosecuted have generated an extraordinary number of complex and divisive questions of constitutional law. ...
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The eight long years of the second Bush Administration and the War on Terror that it prosecuted have generated an extraordinary number of complex and divisive questions of constitutional law. Notably, however, most of the constitutional disputes arising out of the War on Terror have not primarily implicated the main topic of this book, the Bill of Rights and the Fourteenth Amendment. Instead, they have tended to relate to topics such as the separation of powers, the scope of and limits on executive power, and the role of international law. This is not to say that the Bill of Rights is completely irrelevant to these disputes; in particular, the detention of enemy combatants clearly implicates the Due Process Clause of the Fifth Amendment, and the National Security Agency's (NSA) program of warrantless wiretapping potentially violates the Search and Seizure Clause of the Fourth Amendment. On the whole, however, the role of the Bill of Rights has certainly been peripheral in recent disputes, and even when clearly implicated, their application to these disputes has been far from clear. Why that is so, but why the insights we have developed up to this point nonetheless shed important light on the constitutionality of certain aspects of the War on Terror, is the subject of this chapter.Less
The eight long years of the second Bush Administration and the War on Terror that it prosecuted have generated an extraordinary number of complex and divisive questions of constitutional law. Notably, however, most of the constitutional disputes arising out of the War on Terror have not primarily implicated the main topic of this book, the Bill of Rights and the Fourteenth Amendment. Instead, they have tended to relate to topics such as the separation of powers, the scope of and limits on executive power, and the role of international law. This is not to say that the Bill of Rights is completely irrelevant to these disputes; in particular, the detention of enemy combatants clearly implicates the Due Process Clause of the Fifth Amendment, and the National Security Agency's (NSA) program of warrantless wiretapping potentially violates the Search and Seizure Clause of the Fourth Amendment. On the whole, however, the role of the Bill of Rights has certainly been peripheral in recent disputes, and even when clearly implicated, their application to these disputes has been far from clear. Why that is so, but why the insights we have developed up to this point nonetheless shed important light on the constitutionality of certain aspects of the War on Terror, is the subject of this chapter.
S. E. Wilmer
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199559213
- eISBN:
- 9780191594403
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199559213.003.0022
- Subject:
- Classical Studies, Literary Studies: Classical, Early, and Medieval
This chapter examines some productions in the late twentieth century (Fugard's The Island, Gambaro's Antígona Furiosa, and Glowacki's Antigone in New York) that have employed Antigone as a kind of ...
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This chapter examines some productions in the late twentieth century (Fugard's The Island, Gambaro's Antígona Furiosa, and Glowacki's Antigone in New York) that have employed Antigone as a kind of homo sacer, and then applies this analogy in a more detailed discussion of Seamus Heaney's version of The Burial at Thebes at the Abbey Theatre in Dublin in 2004. Heaney's version was inspired by President Bush's ‘war on terror’ and the detention and ‘rendition’ of suspected terrorists in prisons beyond legal redress. The language deployed in the play echoed statements made by President Bush and evoked his administration's unwarranted invasion of Iraq and torture of prisoners. By comparing recent versions of Antigone that represent her as homo sacer, subjected to a liminal state between life and death, the chapter demonstrates how the ‘state of exception’ theorized by Georgio Agamben has become normalized in the twenty‐first century. It draws parallels between the ‘exceptional’ actions of governments such as the Bush administration and the Argentinian dictatorship, making up the laws as they go along, removing people from their homes and environment, and incarcerating or disposing of them outside the polis, outside the reach of their friends and families. Moreover, it shows that Western governments are taking advantage of the ‘war on terror’ to develop new methods of social control (such as increased security measures by the US Department of Homeland Security and other agencies, including more intensive customs inspections, omnipresent CCTV cameras, heightened threat alerts, etc.) that deprive citizens of their civil rights. By applying Agamben's notions of ‘homo sacer’ and ‘state of exception’ to these adaptations, as well as Slavoj Žižek's and Judith Butler's comments on recent political developments, it demonstrates the claim that Antigone makes on behalf of the disenfranchised of the world.Less
This chapter examines some productions in the late twentieth century (Fugard's The Island, Gambaro's Antígona Furiosa, and Glowacki's Antigone in New York) that have employed Antigone as a kind of homo sacer, and then applies this analogy in a more detailed discussion of Seamus Heaney's version of The Burial at Thebes at the Abbey Theatre in Dublin in 2004. Heaney's version was inspired by President Bush's ‘war on terror’ and the detention and ‘rendition’ of suspected terrorists in prisons beyond legal redress. The language deployed in the play echoed statements made by President Bush and evoked his administration's unwarranted invasion of Iraq and torture of prisoners. By comparing recent versions of Antigone that represent her as homo sacer, subjected to a liminal state between life and death, the chapter demonstrates how the ‘state of exception’ theorized by Georgio Agamben has become normalized in the twenty‐first century. It draws parallels between the ‘exceptional’ actions of governments such as the Bush administration and the Argentinian dictatorship, making up the laws as they go along, removing people from their homes and environment, and incarcerating or disposing of them outside the polis, outside the reach of their friends and families. Moreover, it shows that Western governments are taking advantage of the ‘war on terror’ to develop new methods of social control (such as increased security measures by the US Department of Homeland Security and other agencies, including more intensive customs inspections, omnipresent CCTV cameras, heightened threat alerts, etc.) that deprive citizens of their civil rights. By applying Agamben's notions of ‘homo sacer’ and ‘state of exception’ to these adaptations, as well as Slavoj Žižek's and Judith Butler's comments on recent political developments, it demonstrates the claim that Antigone makes on behalf of the disenfranchised of the world.
Burrus M. Carnahan
- Published in print:
- 2007
- Published Online:
- September 2011
- ISBN:
- 9780813124636
- eISBN:
- 9780813134871
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813124636.003.0001
- Subject:
- History, American History: Civil War
This chapter discusses briefly Abraham Lincoln and the Emancipation Proclamation. It looks at some questions that will be answered in the following chapters, and looks at the consequences of ...
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This chapter discusses briefly Abraham Lincoln and the Emancipation Proclamation. It looks at some questions that will be answered in the following chapters, and looks at the consequences of Lincoln's decision to rely on the law of war as a source of executive power. It further notes the irony that the same legal theory that has deprived hundreds of Guantanamo prisoners their freedom was the same theory used by Abraham Lincoln to free thousands of enslaved Americans.Less
This chapter discusses briefly Abraham Lincoln and the Emancipation Proclamation. It looks at some questions that will be answered in the following chapters, and looks at the consequences of Lincoln's decision to rely on the law of war as a source of executive power. It further notes the irony that the same legal theory that has deprived hundreds of Guantanamo prisoners their freedom was the same theory used by Abraham Lincoln to free thousands of enslaved Americans.
Anne Norton
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691157047
- eISBN:
- 9781400846351
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691157047.003.0004
- Subject:
- Political Science, Political Theory
This chapter examines how the participation of women in war was advanced by both the military and the media as evidence for the equality of women in the West. Attention to the plight of women in the ...
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This chapter examines how the participation of women in war was advanced by both the military and the media as evidence for the equality of women in the West. Attention to the plight of women in the Muslim world turns the gaze of feminists and other potential critics away from the continuing oppression of women in the West. Western women are enlisted, with Western men, in the project of saving brown women from brown men. In participating in this campaign, they learn to look upon Western models of sex and sexuality as liberating, universally valid, and exempt from criticism. The chapter considers the tragedy of the presence of women at Guantánamo and Abu Ghraib. It argues that women's supposed sexual freedom was deployed by the military as a weapon of war. Women soldiers, supposedly the equals of their male colleagues, were reduced to sex workers.Less
This chapter examines how the participation of women in war was advanced by both the military and the media as evidence for the equality of women in the West. Attention to the plight of women in the Muslim world turns the gaze of feminists and other potential critics away from the continuing oppression of women in the West. Western women are enlisted, with Western men, in the project of saving brown women from brown men. In participating in this campaign, they learn to look upon Western models of sex and sexuality as liberating, universally valid, and exempt from criticism. The chapter considers the tragedy of the presence of women at Guantánamo and Abu Ghraib. It argues that women's supposed sexual freedom was deployed by the military as a weapon of war. Women soldiers, supposedly the equals of their male colleagues, were reduced to sex workers.
Anne Norton
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691157047
- eISBN:
- 9781400846351
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691157047.003.0010
- Subject:
- Political Science, Political Theory
This chapter describes the Iraq war and the war in Afghanistan as desert wars, even though they are fought in cities, mountains, and marshes. Americans believe that all men are created equal, that ...
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This chapter describes the Iraq war and the war in Afghanistan as desert wars, even though they are fought in cities, mountains, and marshes. Americans believe that all men are created equal, that they are endowed by their creator with certain inalienable rights. That America is home to many peoples with different cultures, languages, and faiths testifies that it is not for itself alone, but for all the world. The conviction that America offers a home to people of every place and faith spoke against discrimination after the terrorist attacks of September 11. The War on Terror saw America desert its principles for torture, secret prisons, and extraordinary rendition. This chapter examines how Abu Ghraib and Guantánamo became places where Americans confront troubling domestic issues, such as the pathologies of pornography and celebrity, the myth of gender equality, and the burden of racial inequality.Less
This chapter describes the Iraq war and the war in Afghanistan as desert wars, even though they are fought in cities, mountains, and marshes. Americans believe that all men are created equal, that they are endowed by their creator with certain inalienable rights. That America is home to many peoples with different cultures, languages, and faiths testifies that it is not for itself alone, but for all the world. The conviction that America offers a home to people of every place and faith spoke against discrimination after the terrorist attacks of September 11. The War on Terror saw America desert its principles for torture, secret prisons, and extraordinary rendition. This chapter examines how Abu Ghraib and Guantánamo became places where Americans confront troubling domestic issues, such as the pathologies of pornography and celebrity, the myth of gender equality, and the burden of racial inequality.
Nick Mansfield
- Published in print:
- 2010
- Published Online:
- March 2011
- ISBN:
- 9780823232413
- eISBN:
- 9780823235735
- Item type:
- book
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fso/9780823232413.001.0001
- Subject:
- Philosophy, Philosophy of Religion
No topic has caused more discussion in recent philosophy and political theory than sovereignty. From late Foucault to Agamben, and from Guantanamo Bay to the “war on terror,” the issue of the extent ...
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No topic has caused more discussion in recent philosophy and political theory than sovereignty. From late Foucault to Agamben, and from Guantanamo Bay to the “war on terror,” the issue of the extent and nature of the sovereign has given theoretical debates their currency and urgency. New thinking on sovereignty has always imagined the styles of human selfhood that each regime involves. Each denomination of sovereignty requires a specific mode of subjectivity to explain its meaning and facilitate its operation. The aim of this book is to help outline Jacques Derrida's thinking on sovereignty—a theme which increasingly attracted Derrida towards the end of his career—in its relationship to subjectivity. It investigates the late work Rogues: Two Essays on Reason, as not only Derrida's fullest statement of his thinking on sovereignty, but also as the destination of his career-long interest in questions of politics and self-identity. The book argues that in Derrida's thinking of the relationship between sovereignty and subjectivity—and the related themes of unconditionality and ipseity—we can detect the outline of Bataille's adaptation of Freud. Freud completed his “metapsychology,” by defining the “economic” nature of subjectivity. In Bataille's hands, this economic theory became a key to the nature of inter-relationship in general, specifically the complex and shifting relationship between subjectivity and power. In playing with Bataille's legacy, Derrida connects not only with the irrepressibly outrageous thinking of philosophy's most self-consciously transgressive thinker, but with the early twentieth century scientific revolution through which “energy” became ontology.Less
No topic has caused more discussion in recent philosophy and political theory than sovereignty. From late Foucault to Agamben, and from Guantanamo Bay to the “war on terror,” the issue of the extent and nature of the sovereign has given theoretical debates their currency and urgency. New thinking on sovereignty has always imagined the styles of human selfhood that each regime involves. Each denomination of sovereignty requires a specific mode of subjectivity to explain its meaning and facilitate its operation. The aim of this book is to help outline Jacques Derrida's thinking on sovereignty—a theme which increasingly attracted Derrida towards the end of his career—in its relationship to subjectivity. It investigates the late work Rogues: Two Essays on Reason, as not only Derrida's fullest statement of his thinking on sovereignty, but also as the destination of his career-long interest in questions of politics and self-identity. The book argues that in Derrida's thinking of the relationship between sovereignty and subjectivity—and the related themes of unconditionality and ipseity—we can detect the outline of Bataille's adaptation of Freud. Freud completed his “metapsychology,” by defining the “economic” nature of subjectivity. In Bataille's hands, this economic theory became a key to the nature of inter-relationship in general, specifically the complex and shifting relationship between subjectivity and power. In playing with Bataille's legacy, Derrida connects not only with the irrepressibly outrageous thinking of philosophy's most self-consciously transgressive thinker, but with the early twentieth century scientific revolution through which “energy” became ontology.
Rebecca A. Adelman
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780823281671
- eISBN:
- 9780823284788
- Item type:
- book
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823281671.001.0001
- Subject:
- Society and Culture, Media Studies
Figuring Violence catalogs the affects that define the latter stages of the war on terror and the imaginative work that underpins them. These affects—apprehension, affection, admiration, gratitude, ...
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Figuring Violence catalogs the affects that define the latter stages of the war on terror and the imaginative work that underpins them. These affects—apprehension, affection, admiration, gratitude, pity, and righteous anger—are far more pleasurable and durable than their predecessors. Hence, they are deeply compatible with the ambitions of a state embroiling itself in a perpetual and essentially unwinnable war. Surveying the cultural landscape of this sprawling conflict, Figuring Violence reveals the varied mechanisms by which these affects have been militarized. This book tracks their convergences around six types of beings: civilian children, military children, military spouses, veterans with PTSD and TBI, Guantánamo detainees, and military dogs. All of these groups have become preferred objects of sentiment in wartime public culture, but they also have in common their status as political subjects who are partially or fully unknowable. They become visible to outsiders through a range of mediated and imaginative practices that are ostensibly motivated by concern or compassion. However, these practices actually function to reduce these beings to abstracted figures and so make them easy targets for affective investment. This is a paradoxical and conditional form of recognition that eclipses the actual beings upon whom those figures are patterned, silencing their political subjectivities and obscuring their suffering. As a result, they are erased and rendered hypervisible at once. Figuring Violence demonstrates that this dynamic ultimately propagates the very militarism that begets their victimization.Less
Figuring Violence catalogs the affects that define the latter stages of the war on terror and the imaginative work that underpins them. These affects—apprehension, affection, admiration, gratitude, pity, and righteous anger—are far more pleasurable and durable than their predecessors. Hence, they are deeply compatible with the ambitions of a state embroiling itself in a perpetual and essentially unwinnable war. Surveying the cultural landscape of this sprawling conflict, Figuring Violence reveals the varied mechanisms by which these affects have been militarized. This book tracks their convergences around six types of beings: civilian children, military children, military spouses, veterans with PTSD and TBI, Guantánamo detainees, and military dogs. All of these groups have become preferred objects of sentiment in wartime public culture, but they also have in common their status as political subjects who are partially or fully unknowable. They become visible to outsiders through a range of mediated and imaginative practices that are ostensibly motivated by concern or compassion. However, these practices actually function to reduce these beings to abstracted figures and so make them easy targets for affective investment. This is a paradoxical and conditional form of recognition that eclipses the actual beings upon whom those figures are patterned, silencing their political subjectivities and obscuring their suffering. As a result, they are erased and rendered hypervisible at once. Figuring Violence demonstrates that this dynamic ultimately propagates the very militarism that begets their victimization.
A. Naomi Paik
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9781469626314
- eISBN:
- 9781469628097
- Item type:
- book
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469626314.001.0001
- Subject:
- History, American History: 20th Century
This book grapples with the history of U.S. prison camps that have confined people outside the boundaries of legal and civil rights. Removed from the social and political communities that would ...
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This book grapples with the history of U.S. prison camps that have confined people outside the boundaries of legal and civil rights. Removed from the social and political communities that would guarantee fundamental legal protections, these detainees are effectively rightless, stripped of the right even to have rights. Rightless people thus expose an essential paradox: while the United States purports to champion inalienable rights at home and internationally, it has built its global power in part by creating a regime of imprisonment that places certain populations perceived as threats beyond rights. The United States' status as the guardian of rights coincides with, indeed depends on, its creation of rightlessness. Yet rightless people are not silent. Drawing from an expansive testimonial archive of legal proceedings, truth commission records, poetry, and experimental video, this book shows how rightless people use their imprisonment to protest U.S. state violence. It examines demands for redress by Japanese Americans interned during World War II, testimonies of HIV-positive Haitian refugees detained at Guantánamo in the early 1990s, and appeals by Guantánamo's enemy combatants from the War on Terror. In doing so, Rightlessness reveals a powerful ongoing contest over the nature and meaning of the law, over civil liberties and global human rights, and over the power of the state in people's lives.Less
This book grapples with the history of U.S. prison camps that have confined people outside the boundaries of legal and civil rights. Removed from the social and political communities that would guarantee fundamental legal protections, these detainees are effectively rightless, stripped of the right even to have rights. Rightless people thus expose an essential paradox: while the United States purports to champion inalienable rights at home and internationally, it has built its global power in part by creating a regime of imprisonment that places certain populations perceived as threats beyond rights. The United States' status as the guardian of rights coincides with, indeed depends on, its creation of rightlessness. Yet rightless people are not silent. Drawing from an expansive testimonial archive of legal proceedings, truth commission records, poetry, and experimental video, this book shows how rightless people use their imprisonment to protest U.S. state violence. It examines demands for redress by Japanese Americans interned during World War II, testimonies of HIV-positive Haitian refugees detained at Guantánamo in the early 1990s, and appeals by Guantánamo's enemy combatants from the War on Terror. In doing so, Rightlessness reveals a powerful ongoing contest over the nature and meaning of the law, over civil liberties and global human rights, and over the power of the state in people's lives.
Carl Lindskoog
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781683400400
- eISBN:
- 9781683400660
- Item type:
- book
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9781683400400.001.0001
- Subject:
- History, American History: 20th Century
In Detain and Punish, Carl Lindskoog provides the first in-depth history of immigration detention in the United States. Employing extensive archival research to document the origins and development ...
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In Detain and Punish, Carl Lindskoog provides the first in-depth history of immigration detention in the United States. Employing extensive archival research to document the origins and development of immigration detention in the U.S. from 1973 to 2000, it reveals how the world’s largest detention system originated in the U.S. government’s campaign to exclude Haitians from American shores, and how resistance by Haitians and their allies constantly challenged the detention regime. From the Krome Avenue Detention Center in Miami, to Guantanamo Bay, Cuba, and to jails and prisons across the country, Haitians have been at the center of the story of immigration detention. Contrary to the notion that immigration detention serves a merely administrative function, this history shows the intentionally punitive design of the modern detention regime. From its origin, immigration detention was designed to deter asylum seekers and unauthorized migrants by depriving them of their liberty; to detain and punish. And while Haitians were the first to be targeted by this deterrence-through-punishment policy, Central American asylum seekers and many others were soon ensnared in the expanding web of detention. Just as immigration detention was re-emerging in the late-1970s, taking root in the 1980s, and then exploding in the 1990s, the United States was constructing a parallel system of mass incarceration for its own citizens. Racialized mass incarceration for both citizens and non-citizens thus emerged as a critical element of social, political, and economic life in the United States in the late-twentieth century. This book explains how it came to be.Less
In Detain and Punish, Carl Lindskoog provides the first in-depth history of immigration detention in the United States. Employing extensive archival research to document the origins and development of immigration detention in the U.S. from 1973 to 2000, it reveals how the world’s largest detention system originated in the U.S. government’s campaign to exclude Haitians from American shores, and how resistance by Haitians and their allies constantly challenged the detention regime. From the Krome Avenue Detention Center in Miami, to Guantanamo Bay, Cuba, and to jails and prisons across the country, Haitians have been at the center of the story of immigration detention. Contrary to the notion that immigration detention serves a merely administrative function, this history shows the intentionally punitive design of the modern detention regime. From its origin, immigration detention was designed to deter asylum seekers and unauthorized migrants by depriving them of their liberty; to detain and punish. And while Haitians were the first to be targeted by this deterrence-through-punishment policy, Central American asylum seekers and many others were soon ensnared in the expanding web of detention. Just as immigration detention was re-emerging in the late-1970s, taking root in the 1980s, and then exploding in the 1990s, the United States was constructing a parallel system of mass incarceration for its own citizens. Racialized mass incarceration for both citizens and non-citizens thus emerged as a critical element of social, political, and economic life in the United States in the late-twentieth century. This book explains how it came to be.
Thomas G. Paterson
- Published in print:
- 1995
- Published Online:
- October 2011
- ISBN:
- 9780195101201
- eISBN:
- 9780199854189
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195101201.003.0008
- Subject:
- History, American History: 20th Century
On the same day that Herbert L. Matthews interviewed Fidel Castro, the day being February 17, 1957, three young Americans escaped at the U.S. naval base at Guantanamo Bay, where a 26th of July ...
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On the same day that Herbert L. Matthews interviewed Fidel Castro, the day being February 17, 1957, three young Americans escaped at the U.S. naval base at Guantanamo Bay, where a 26th of July Movement operated and sometimes stole firearms. Charles E. Ryan, Victor J. Buehlman, and Michael L. Garvey, sons of U.S. enlisted personnel, disappeared without a trace. Their parents feared that they had joined forces with rebel soldiers in the Sierra Maestra. The three Americans had in fact teamed up with a Santiago contingent of fifty recruits. Servicio de Intelligencia Militar stated that the three Americans had been seen at a bar in Havana.Less
On the same day that Herbert L. Matthews interviewed Fidel Castro, the day being February 17, 1957, three young Americans escaped at the U.S. naval base at Guantanamo Bay, where a 26th of July Movement operated and sometimes stole firearms. Charles E. Ryan, Victor J. Buehlman, and Michael L. Garvey, sons of U.S. enlisted personnel, disappeared without a trace. Their parents feared that they had joined forces with rebel soldiers in the Sierra Maestra. The three Americans had in fact teamed up with a Santiago contingent of fifty recruits. Servicio de Intelligencia Militar stated that the three Americans had been seen at a bar in Havana.
JAMES E. PFANDER
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195340334
- eISBN:
- 9780199867233
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195340334.003.008
- Subject:
- Law, Constitutional and Administrative Law
This chapter explores the limits of Congress's power to curtail the Court's oversight authority. The first section explores the contours of Congress's authority by reference to the leading cases on ...
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This chapter explores the limits of Congress's power to curtail the Court's oversight authority. The first section explores the contours of Congress's authority by reference to the leading cases on appellate jurisdiction stripping. The second section considers a variety of criticisms but concludes that the supremacy account fits better with the available evidence than competing academic accounts. The chapter concludes with an exploration of the litigation over detention at Guantanamo Bay. Although it has not explicitly invoked constructs of supremacy and inferiority, the Court has reached results broadly consistent with the supremacy account advanced here.Less
This chapter explores the limits of Congress's power to curtail the Court's oversight authority. The first section explores the contours of Congress's authority by reference to the leading cases on appellate jurisdiction stripping. The second section considers a variety of criticisms but concludes that the supremacy account fits better with the available evidence than competing academic accounts. The chapter concludes with an exploration of the litigation over detention at Guantanamo Bay. Although it has not explicitly invoked constructs of supremacy and inferiority, the Court has reached results broadly consistent with the supremacy account advanced here.
Eric M. Freedman
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781479870974
- eISBN:
- 9781479802470
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479870974.001.0001
- Subject:
- Law, Constitutional and Administrative Law
Habeas corpus, known as the Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their ...
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Habeas corpus, known as the Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual’s imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial period and the early national period and significant research in the New Hampshire State Archives, seeks to illuminate the past and draw lessons for the present. It expands the definition of habeas corpus from a formal one to a functional one; traces the role of the writ as one element in an overall system for restraining government power; and explains how understanding the writ as an instrument for the enforcement of checks and balances illuminates a range of current issues including the struggle against terrorism and detentions at Guantanamo Bay, curbing domestic violence, the requirements for Brexit, and many others.Less
Habeas corpus, known as the Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual’s imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial period and the early national period and significant research in the New Hampshire State Archives, seeks to illuminate the past and draw lessons for the present. It expands the definition of habeas corpus from a formal one to a functional one; traces the role of the writ as one element in an overall system for restraining government power; and explains how understanding the writ as an instrument for the enforcement of checks and balances illuminates a range of current issues including the struggle against terrorism and detentions at Guantanamo Bay, curbing domestic violence, the requirements for Brexit, and many others.
C. T. Sandars
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198296874
- eISBN:
- 9780191685293
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198296874.003.0004
- Subject:
- Political Science, International Relations and Politics
This chapter discusses the neo-colonial bases established by the U.S. after World War II. In search of suitable overseas military bases after the war, the U.S. retained military facilities in other ...
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This chapter discusses the neo-colonial bases established by the U.S. after World War II. In search of suitable overseas military bases after the war, the U.S. retained military facilities in other countries where it had enjoyed colonial or quasi-colonial rights. The Philippines and the Panama Canal Zone were high on their priority list. The U.S. also retained the naval base at Guantanamo in Cuba. The U.S. retained extensive military in both Panama and the Philippines throughout the Cold War period. By contrast, Great Britain retained no military facilities in Pakistan or India when these countries were granted independence in 1947.Less
This chapter discusses the neo-colonial bases established by the U.S. after World War II. In search of suitable overseas military bases after the war, the U.S. retained military facilities in other countries where it had enjoyed colonial or quasi-colonial rights. The Philippines and the Panama Canal Zone were high on their priority list. The U.S. also retained the naval base at Guantanamo in Cuba. The U.S. retained extensive military in both Panama and the Philippines throughout the Cold War period. By contrast, Great Britain retained no military facilities in Pakistan or India when these countries were granted independence in 1947.
Jeffrey S. Kahn
- Published in print:
- 2019
- Published Online:
- September 2019
- ISBN:
- 9780226587387
- eISBN:
- 9780226587554
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226587554.001.0001
- Subject:
- Law, Human Rights and Immigration
This book offers a new interpretation of the transformation of US borders during the late twentieth century and its implications for our understanding of the nation-state as a legal and political ...
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This book offers a new interpretation of the transformation of US borders during the late twentieth century and its implications for our understanding of the nation-state as a legal and political form. It does so by examining the immigration tribunals of South Florida, the Coast Guard vessels patrolling the northern Caribbean, and the camps of Guantanamo Bay through the lens of anthropological theory, political philosophy, and law. From this perspective, the book reveals how litigation concerning the fate of Haitian asylum seekers during the 1970s, 1980s, and 1990s gave birth to novel jurisdictional paradigms of offshore, maritime migration policing and asylum processing. Combining ethnography—in Haiti, at Guantanamo, and alongside US migration patrols in the Caribbean—with in-depth archival research, the book expounds a theory of liberal empire’s dynamic tensions and its racialized geographies of securitization. An innovative historical anthropology of the modern legal imagination, the book forces readers to reconsider the significance of the rise of the current US immigration border and its relation to broader shifts in the legal infrastructure of contemporary nation-states across the globe.Less
This book offers a new interpretation of the transformation of US borders during the late twentieth century and its implications for our understanding of the nation-state as a legal and political form. It does so by examining the immigration tribunals of South Florida, the Coast Guard vessels patrolling the northern Caribbean, and the camps of Guantanamo Bay through the lens of anthropological theory, political philosophy, and law. From this perspective, the book reveals how litigation concerning the fate of Haitian asylum seekers during the 1970s, 1980s, and 1990s gave birth to novel jurisdictional paradigms of offshore, maritime migration policing and asylum processing. Combining ethnography—in Haiti, at Guantanamo, and alongside US migration patrols in the Caribbean—with in-depth archival research, the book expounds a theory of liberal empire’s dynamic tensions and its racialized geographies of securitization. An innovative historical anthropology of the modern legal imagination, the book forces readers to reconsider the significance of the rise of the current US immigration border and its relation to broader shifts in the legal infrastructure of contemporary nation-states across the globe.
Amos N. Guiora
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195340310
- eISBN:
- 9780199867226
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195340310.003.0003
- Subject:
- Law, Human Rights and Immigration, Constitutional and Administrative Law
One clear assertion of this book is that the present system of interrogations and detainee status requires our collective and immediate attention. To that end, the hybrid paradigm was created. ...
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One clear assertion of this book is that the present system of interrogations and detainee status requires our collective and immediate attention. To that end, the hybrid paradigm was created. Although not a perfect solution to a complicated problem, the hybrid paradigm proposes an alternative that addresses the dilemma of how to balance legitimate civil and political rights of the individual with the equally legitimate national security rights of the state. Accordingly, the detainee held by the US in Guantanamo Bay and similar facilities will be granted certain constitutional rights, in particular those based on the Fifth, Eighth, and Fourteenth Amendments. The operative words in this chapter are granting certain rights to non-Americans held by the United States outside the United States. Such an analysis facilitates an examination of whether the proposal sufficiently protects the rights of those it presumes are a constitutionally protected class.Less
One clear assertion of this book is that the present system of interrogations and detainee status requires our collective and immediate attention. To that end, the hybrid paradigm was created. Although not a perfect solution to a complicated problem, the hybrid paradigm proposes an alternative that addresses the dilemma of how to balance legitimate civil and political rights of the individual with the equally legitimate national security rights of the state. Accordingly, the detainee held by the US in Guantanamo Bay and similar facilities will be granted certain constitutional rights, in particular those based on the Fifth, Eighth, and Fourteenth Amendments. The operative words in this chapter are granting certain rights to non-Americans held by the United States outside the United States. Such an analysis facilitates an examination of whether the proposal sufficiently protects the rights of those it presumes are a constitutionally protected class.
Amos N. Guiora
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195340310
- eISBN:
- 9780199867226
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195340310.003.0008
- Subject:
- Law, Human Rights and Immigration, Constitutional and Administrative Law
Although addressing the Eighth Amendment prohibition against excessive bail and cruel and unusual punishment can seem out of place in a discussion of interrogation, there is an important relationship ...
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Although addressing the Eighth Amendment prohibition against excessive bail and cruel and unusual punishment can seem out of place in a discussion of interrogation, there is an important relationship between the two. Although punishment can initially be understood to only refer to postconviction actions, the concepts of punishment are also relevant to pretrial detention measures. To discuss this concept, interrogation must be viewed as broadly as possible. That is, not just the actual questioning by an interrogator. From the perspective of the detainee, interrogation incorporates all aspects of life inside the detention center from the moment the doors are locked behind him. An examination of the Eighth Amendment's prohibition against cruel and unusual punishment with respect to the post-9/11 detainees is predicated on the granting of constitutional protections to non-American citizens as if they are American citizens.Less
Although addressing the Eighth Amendment prohibition against excessive bail and cruel and unusual punishment can seem out of place in a discussion of interrogation, there is an important relationship between the two. Although punishment can initially be understood to only refer to postconviction actions, the concepts of punishment are also relevant to pretrial detention measures. To discuss this concept, interrogation must be viewed as broadly as possible. That is, not just the actual questioning by an interrogator. From the perspective of the detainee, interrogation incorporates all aspects of life inside the detention center from the moment the doors are locked behind him. An examination of the Eighth Amendment's prohibition against cruel and unusual punishment with respect to the post-9/11 detainees is predicated on the granting of constitutional protections to non-American citizens as if they are American citizens.
