Coming to Our Senses: Cosmopolitan Technologies for Cosmopolitan Citizenship

Author(s):  
Matthew Seet

Abstract This article challenges scholarly claims that a post-national ‘cosmopolitan citizenship’ — an expanded and less territorially bounded belonging of ‘humanity’ — has been emerging in the international criminal justice context. In examining the contemporary denationalization of terrorists from the under-explored angle of criminal justice, this article argues that states’ territorial borders prevent denationalized terrorists — deemed enemies of ‘humanity’ — from being brought to justice. Some states strip citizenship from terrorists without holding them accountable for terrorist offences and international crimes, subsequently deporting them to — or leaving them stranded in — states which are, according to international criminal law, ‘unable’ or ‘unwilling’ to prosecute. As such, states’ territorial borders serve as a ‘shield’ which not only enable denationalized terrorists to avoid accountability for their terrorist offences and international crimes, but which also enable states to avoid their international obligations to bring terrorists to justice. This case study of denationalized terrorists not only demonstrates the enduring relevance of territoriality to international criminal justice but also broadly demonstrates how post-national ‘citizenship’ remains tied to the territorial state in a globalized world.


2003 ◽  
Vol 51 (2) ◽  
pp. 332-349 ◽  
Author(s):  
David Chandler

Cosmopolitan international relations theorists envisage a process of expanding cosmopolitan democracy and global governance, in which for the first time there is the possibility of global issues being addressed on the basis of new forms of democracy, derived from the universal rights of global citizens. They suggest that, rather than focus attention on the territorially limited rights of the citizen at the level of the nation-state, more emphasis should be placed on extending democracy and human rights to the international sphere. This paper raises problems with extending the concept of rights beyond the bounds of the sovereign state, without a mechanism of making these new rights accountable to their subject. The emerging gap, between holders of cosmopolitan rights and those with duties, tends to create dependency rather than to empower. So while the new rights remain tenuous, there is a danger that the cosmopolitan framework can legitimise the abrogation of the existing rights of democracy and self-government preserved in the UN Charter framework.


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