Week 7: State of Exception and Emergency
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Questions and Answers

What are the two main ideas of the documentary Final Solution (2003), regarding the understanding of communal violence in India?

Composing violence instead of exposing it. Unpacking and reconstructing the judicial scene to understand the normalization of violence in the 2002 Gujarat pogroms.

According to the article, what are the main problems within the dominant understanding of sexual violence?

  • It often reduces sexual violence to a clear-cut instance of rape, instead of accepting the complexity of victims' experiences. (correct)
  • It overlooks the systemic effects of sexual violence on women's bodies and how they are used politically (correct)
  • It focuses on the role of individual victims, ignoring the systemic factors that contribute to sexual violence. (correct)
  • It overlooks the systemic effects of sexual violence on women's bodies and how they are used as a battleground for political propaganda (correct)

What is the main goal of the Nuremberg Trials?

To denounce the "order of barbarity" established by the Nazi regime and hold Nazi criminals accountable for their actions.

According to the article, what are the key differences between the Nuremberg and Eichmann Trials in terms of how each trial represented victims and survivors?

<p>The Nuremberg Trial focused on the objective documentation of the Nazi regime's crimes, showcasing the horrors of the Holocaust and other atrocities, while the Eichmann Trial heavily relied on emotionally charged testimonies from survivors and victims of the Nazi regime. The author, Hannah Arendt, points out the performativity of the Eichmann Trial, accusing Israeli prosecutors of seeking to use the trial to establish a narrative of Israeli national identity and victimhood.</p> Signup and view all the answers

What is the paradox of the state's role in human rights?

<p>The state is simultaneously both the primary violator and protector of human rights.</p> Signup and view all the answers

What is the problem with the "hydraulic model of human rights"?

<p>All of the above. (D)</p> Signup and view all the answers

The concept of human shielding refers to using civilians to protect themselves from attacks and promoting their safety.

<p>False (B)</p> Signup and view all the answers

What are the major themes of Week 7: Banality of Exception/Emergency?

<p>The major themes include the state of exception, different legal traditions of exception, the fragility of law, the paradox of legality, the zone of indistinction, and the relationship between law and politics.</p> Signup and view all the answers

What is the "state of exception" as described in the reading?

<p>It refers to a situation where ordinary laws are suspended to address a perceived threat to the state's security or order. This often involves the use of extraordinary policies and measures.</p> Signup and view all the answers

According to the article, how does the state of exception illustrate the "fragility of law"?

<p>The state of exception highlights the fact that law isn't an absolute structure and can be manipulated, transcended, or suspended under extraordinary circumstances.</p> Signup and view all the answers

Describe the "paradox of legality" as it pertains to the state of exception.

<p>The state can use the legal framework to justify its own suspension, creating a scenario where law authorizes its own exclusion. This is considered legalized illegality.</p> Signup and view all the answers

Explain the concept of the "zone of indistinction" in relation to the state of exception.

<p>It refers to a situation where the difference between law and lawlessness becomes blurred or even disappears. When the state of exception is in force, it often creates a space where the distinction between legal and illegal actions becomes increasingly ambiguous.</p> Signup and view all the answers

What insights does Mansoor Adayfi's memoir, "Don't Forget Us Here", provide about the state of exception?

<p>Mansoor's memoir reveals that the state of exception doesn't simply end when the official crisis is over. It leaves a lasting impact on individuals and societies. He highlights how the stigma and surveillance associated with his detention continue long after his formal release, blurring the lines between the exceptional and the normal.</p> Signup and view all the answers

How does the article characterize the state of exception in the context of the Guantanamo Bay detention center?

<p>The article argues that Guantanamo Bay is not a space devoid of law, but rather a space where legal frameworks are continuously manipulated and reinterpreted to legitimize practices such as indefinite detention and enhanced interrogation. The author, Nasser Hussain, critiques the simplistic binary view of the state of exception as a clear break between &quot;normal law&quot; and &quot;lawlessness&quot;, suggesting that Guantanamo exemplifies a space where legal structures are intricately woven with bureaucratic practices to create and sustain the exceptional.</p> Signup and view all the answers

How do the author's criticisms of the state of exception challenge the work of scholars such as Carl Schmitt and Giorgio Agamben?

<p>The author, Nasser Hussain, critiques the dominant theoretical frameworks of the state of exception, particularly those of Schmitt and Agamben, for being overly abstract and binary. He argues that these frameworks focus too much on the suspension of law and the absolute sovereign decision, ignoring the complex interactions between legal structures, bureaucratic processes, and governance that shape spaces like Guantanamo Bay.</p> Signup and view all the answers

Explain the concept of "transitional justice" as discussed in the article.

<p>Transitional justice refers to a set of practices, discourses, and institutions aimed at pursuing justice, peacemaking, conflict resolution, truth-making, reconciliation, and social transformation in the context of significant political or regime change. It involves a variety of legal and quasi-legal mechanisms.</p> Signup and view all the answers

What are the key instances or concepts associated with Transitional Justice?

<p>Criminal Trials, Truth Commissions, Reparations, Discourses, Practices (A)</p> Signup and view all the answers

According to the article, what are the limitations of the Nuremberg Trials in terms of addressing the impact of Nazi ideology and practices?

<p>The Nuremberg Trials focused primarily on the war crimes committed by the Nazi regime, neglecting to address the systemic racism and segregation laws that existed before the war. The article argues that this approach limits the understanding of the Nazi regime by only focusing on the act of war, rather than exploring the deeper structures of Nazi ideology and its pervasive impact on German society.</p> Signup and view all the answers

What are the main goals of the Eichmann Trial as described in the article?

<p>The Eichmann Trial sought to hold Adolf Eichmann accountable for his role in the Holocaust. However, the author, Hannah Arendt, argues that the trial also aimed to solidify a narrative of Israeli nationalism, relying heavily on the testimonies of survivors and victims to create a culture of victimhood within Israel.</p> Signup and view all the answers

Flashcards

State of Exception (SoE)

The state of exception refers to a situation where a government suspends normal laws and rules in order to respond to an emergency or crisis, allowing for exceptional measures to be taken.

Extraordinary Measures

Extraordinary measures are actions taken by a government outside of their usual legal framework to address a crisis, often involving limitations on civil liberties.

Banality of Exception

The banality of exception refers to the idea that the state of exception, instead of being an unusual event, becomes a more common and normalized part of government practices, often used to control populations.

Racist Interpellation

Racist interpellation is a term used to describe how individuals are positioned within a racist system through subtle (and sometimes not so subtle) messages that reinforce stereotypes and prejudice.

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Politics of Exposure

The 'politics of exposure' refers to the idea that simply revealing or exposing instances of violence, discrimination, or injustice is enough to bring about change.

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Composing Violence

Composing violence refers to the idea that violence is not simply a spontaneous event, but is constructed and organized through complex social and political forces.

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Crisis of Witnessing

A 'crisis of witnessing' occurs when traditional forms of witnessing and testifying break down in the face of complex and traumatic events, often leading to a lack of accountability.

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Recomposing Witnessing

Recomposing witnessing is a way of understanding and engaging with the aftermath of violence by moving beyond traditional narratives of victimization and focusing on how events are constructed through power dynamics and social forces.

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Logic of Exaggeration

The logic of exaggeration refers to how authorities or dominant narratives often downplay or minimize instances of violence that do not conform to their pre-existing frameworks, particularly in cases of sexual violence.

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The Lightning Testimonies

The Lightning Testimonies is an artwork and video installation that uses fragmented narratives of women who were victims of sexual violence in the Gujarat pogroms, challenging traditional ways of understanding sexual violence.

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Transitional Justice

Transitional justice refers to the range of legal and non-legal procedures, institutions, and practices used in societies emerging from conflict, authoritarianism, or periods of systematic abuse to address past injustices and promote peace.

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The Nuremberg Trials

The Nuremberg Trials were a series of military tribunals held after World War II to prosecute Nazi leaders for war crimes, crimes against humanity, and crimes against peace.

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The Eichmann Trial

The Eichmann Trial was a trial in Israel against Adolf Eichmann, a high-ranking Nazi official responsible for organizing the deportation of Jews to concentration camps.

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Hydraulic Model of Human Rights

The hydraulic model of human rights suggests that a focus on human rights alone can be insufficient in addressing complex issues of violence and domination, as human rights can be manipulated for political ends.

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Human Shield

A human shield is a person or group of civilians used to deter attacks by military forces or armed groups.

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Human Shield in Israeli-Palestinian Conflict

The conflict between Israeli state and Palestinian organizations and militants often involves accusations of human shielding, highlighting how the use of this tactic creates challenges for human rights and international law.

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Study Notes

Keywords/Themes

  • White paranoia
  • Homophobia
  • Frantz Fanon's recitation of racist interpellation
  • Judicial violence
  • Killing twice
  • Racist interpellation (foreshadowing of accusations)

Week 7: Banality of Exception/Emergency

  • Major themes: state of exception, what does it mean?
  • State of exception: extraordinary measures for natural or human-made disasters destabilising the order, exceptional or unknown situations, state of alert, claims to protect and preserve itself, maintain sovereignty.
  • Legal blurring of legality and illegality. Ordinary law is suspended.
  • Different legal traditions of exception:
    • Executive decrees (KHKS)
    • Institutional kayyımlık (appointment from above)
    • Removal or detention without charge
    • Suspicion of treason, enabling state maneuver
  • State of Exception (SoE) and law/legality:
    • Law's fragility: SoE reveals law is not absolute; it can be suspended or transcended.
    • Paradox of legality: SoE may legalize illegality.
    • Zone of indistinction: Law and lawlessness blur.
  • SoE and relationship with law and politics: especially sovereignty
  • Carl Schmitt (1920s): Sovereign decides on the exception. Focus on decision and actor’s will; critiques liberalism.
  • Sovereign both upholds and disrupts legal order to preserve state.
  • Giorgio Agamben (1990s/2000s): Law's suspension by law, zone of indistinction, ambiguity.

Further Information

  • Walter Benjamin (1940): State of exception is the rule.
  • Colonialism and state of exception/emergency (Morton)
  • Dominant ways of studying SoE
  • Declared and partial emergencies (e.g., Mayday, feminist marches)
  • Guantanamo outside of law
  • The state of exception as a non-law, non-place.
  • Nasser Hussain's critiques of dominant understandings of SoE and Guantanamo.

Hussain's Argument

  • Against the binary of norm vs. exception: SoE is not a pure break. Instead, it involves proliferation of legal and bureaucratic frameworks.
  • Law as productive, not absent: Law is used to create and sustain the exception, not as absent.
  • Focus on bureaucracy and everyday governance:
    • Bureaucratic practices maintain the SoE.
    • Normalization of the exceptional legal orders.
  • Proliferation of legal categories:
    • Detainees classified as "unlawful combatants."
    • Military commissions outside traditional U.S. courts.
  • Bureaucratic layers of control.

Life in Guantanamo as a Detainee (Mansoor)

  • Description of psychological and physical torture.
  • Challenges of reintegration, stigma, and surveillance.
  • Continuity of the exception outside Guantanamo:
  • Blurring of lines between exception and the normal.

Week 9: The Witness and the Unspeakable

  • Collective violence, limits of exposure, making of minorities
  • State-sanctioned violence, limits and promises of legal form, labeling violence as a minority problem.
  • Historical Importance of the Nuremberg Trials.
  • Challenges and dilemmas of the Nuremberg trials.
  • The Eichmann trial (1961): importance and legacy.
  • Issues of indictment/charges.
  • Issues of victimhood and reconstruction.
  • The banality of evil.

Understanding Sexual Violence and Collective Violence

  • Chatterjee's theory of composing violence, limits of exposure.
  • Dominant understandings of sexual violence as unspeakable (dominant conceptions).
  • Sexual violence as a product of everyday practices, not simply a singular event.
  • The importance of institutional practices and power dynamics in shaping sexual violence.

Transitional Justice (TJ)

  • Definition, institutions, practices, discourses
  • TJ's role, including practices, legal procedures, institutions, theoretical influences
  • Human rights and violence, especially in the context of colonialism.
  • TJ and processes of reconciliation, recognition, truth commissions.

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Description

Explore the major themes of the state of exception in this quiz. Delve into how extraordinary measures impact legality and the judicial system, with insights into various legal traditions and their implications. Engage with concepts like white paranoia and judicial violence as they relate to current events and theories.

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