Exceptionalism Again: The Bush Administration, the 'Global War on Terror' and Human Rights

2017 ◽  
Vol 44 (1) ◽  
pp. 2-23 ◽  
Author(s):  
Rebecca Sanders

AbstractLaw following and law breaking are often conceptualised as polar opposites. However, authorities in liberal democracies increasingly deploy a strategy of what I callplausible legalityin order to secure immunity and legitimacy for proscribed practices. Rather than ignore or suspend law, they construct legal justifications for human rights abuses and other dubious policies, obscuring the distinction between legal compliance and non-compliance. I argue this is possible because instabilities in legal rules make them vulnerable to manipulation and exploitation. By tracing American rationales for contentious ‘enhanced interrogation techniques’, indefinite detention, and ‘targeted killing’ practices in the ‘Global War on Terror’, I show that law need not always be abandoned or radically reconstituted to achieve troubling ends and that rule structures enable certain patterns of violation while limiting others. The international prohibition on torture is robust and universal, but provides vague definitions open to interpretation. Detention and lethal targeting regulations are jurisdictionally layered and contextually complex, creating loopholes and gaps. The article concludes by reflecting on implications for the protection of human rights. While law is not wholly indeterminate, human rights advocates must constantly advocate shared legal understandings that constrain state violence.


2013 ◽  
Vol 12 (1-2) ◽  
pp. 69-79 ◽  
Author(s):  
Yamuna Sangarasivam

AbstractFollowing the release of thousands of diplomatic cables which revealed the human rights abuses and networks of corruption that sustain the US-sponsored global war on terror, the US Justice Department has invoked the 1917 Espionage Act to indict both Bradley Manning, the US soldier who released the classified documents to WikiLeaks, and Julian Assange, the editor and publisher of WikiLeaks. While censorship serves as an economic signal, as Assange asserts, how does the torture and prosecution of Pvt. Bradley Manning serve as a cultural signal which reveals the ­lessons of a patriotism that promotes a dystopic democracy? This article examines the spatio-temporal predicament of secrecy, surveillance, and censorship in the face of cyber rebellion.


2018 ◽  
Vol 17 (1) ◽  
pp. 39-54
Author(s):  
Akhtar Baloch ◽  
Iram Tahir

The global war on terror has created a human rights dilemma for the mostmarginalised groups in societies. In a highly patriarchal society like Pakistan, this dilemma is further magnified due to the lack of focus on human rights problems it creates for subsections of society that do not have equal access to mainstream resources, such as women. This paper seeks to identify the human rights issues created due to terrorism and counter-terrorism from a gendered perspective in the context of women in Swat, Pakistan. Secondary data analysis has been used as a research methodology, and the Feminist Theory has been applied as the theoretical framework. Findings reveal that women in Swat have suffered human rights abuses in the economic, social and cultural context far more than men, and continue to suffer from psychological problems. The militant activity in Swat altered the mindset of women towards terrorism, creating women militants. The paper concludes that women in Swat suffered severe human rights abuses to their economic, social and cultural freedoms, and were not beneficiary to adequate rehabilitation initiatives, leaving emotional and mental after-effects on these women.


2007 ◽  
Vol 55 (2) ◽  
pp. 274-296 ◽  
Author(s):  
Amitav Acharya

This article examines the implications of the 9/11 attacks and the US-led ‘global war on terror’ for debates about state sovereignty. To support its attacks on Afghanistan and Iraq, the Bush administration put forth a ‘selective sovereignty’ thesis that would legitimise intervention in states that are accused of supporting terrorists. This new rationale for intervention was paradoxically justified as a means of ensuring a ‘well-ordered world of sovereign states’, which had been imperilled by transnational terrorist networks. This article argues that the ‘selective sovereignty’ thesis exaggerates the challenge posed by terrorist organisations to Westphalian sovereignty, and understates the US's own unprincipled violation of its core norm of non-intervention. A related argument of this article is that on the face of it, the ‘selective sovereignty’ approach fits the notion of ‘organised hypocrisy’ put forward by Stephen Krasner, which refers to ‘the presence of long-standing norms [in this case non-intervention] that are frequently violated’ for the sake of some ‘higher principles’ – violations that are generally tolerated by the international community. But the higher principles evoked by the US to justify its war on Iraq, such as the human rights of the Iraqis, and democracy promotion in the Middle East, are now clearly seen to have been a façade to mask the geopolitical and ideological underpinnings of the invasion. In this sense, the war on terror has revived national security and naked self-interest as the principal rationale for intervention, notwithstanding the self-serving efforts by some Bush administration officials to ‘graft’ the ‘selective sovereignty’ thesis on to the evolving humanitarian intervention principle. This policy framework is hypocrisy for sure, but as the international response to the war on Iraq (including the lack of UN authorisation for the war and the transatlantic discord it generated) demonstrates, it should be viewed more as a case of ‘disorganised hypocrisy’.


Author(s):  
Rebecca Sanders

American officials attempted to construct the plausible legality of torture, indefinite detention, targeted killing, and mass surveillance in the global war on terror. These efforts were largely successful, foreclosing prosecution and ensuring impunity for human rights violations. Moreover, with the exception of torture, many of these counterterrorism practices persist and enjoy widespread acceptance. Around the world, international human rights and humanitarian law have been weakened by American efforts to erode and reinterpret constraints on state violence. This has created space for more overt attacks on legal norms by the Trump administration, which has signaled its intent to shift American national security legal culture toward the politics of exception. At the same time, international law advocates are pushing back. The chapter concludes by reflecting on possible pathways for promoting a culture of human rights in the United States.


2013 ◽  
Author(s):  
Candice A. Alfano ◽  
Jessica Balderas ◽  
Simon Lau ◽  
Brian E. Bunnell ◽  
Deborah C. Beidel

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