40645284

Homo Sacer vs.
Homo Soccer Mom: Reading Agamben and Foucault in the War on Terror Author(s): Halit Mustafa Tagma Source: Alternatives: Global, Local, Political, Vol. 34, No. 4 (Oct.-Dec. 2009), pp. 407-435 Published by: Sage Publications, Inc. Stable URL: http://www.jstor.org/stable/40645284 . Accessed: 29/07/2013 14:34
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34 (2009), 407-435 Alternatives
HomoSacervs. Homo SoccerMom: ReadingAgambenand Foucault in theWaron Terror

Halit MustafaTagma*
the have beenefforts tounderstand war In thepast decadethere of Michel Foucault and the on terror Giorgio through writings certain Someanalyses reify concepts employed byFouAgamben. theacdo notaccurately cault andAgamben. Others represent to atground level. Without tualoccurrence ofviolence claiming and the of sovon the literature a reading gaze presentsovereign inplaces such as Guntanamo, this article violence argues ereign areat leastthree central elements that that there philosophers to reconsider in connection with sovand theorists want might thatthere is a Derridean and subjectivity: ereignty, biopower, that there is a and biopower; between sovereignty logicat play and subjectivity informed between connection bya sovereignty and connection" between "dangerous powerand knowledge; is informed a and that by classifying hierarchizing sovereignty ofa regime oftruth. characteristic Agamben Although regime he betrays claims tocorrect Foucault, methodological important elements ofFoucault's work. andepistemological Nevertheless, inAgamben 's work that canshape ourunderthere areelements era.Keyofa "biopoli tical ofourcontemporary reading" standing Guntanamo words: Foucault, Agamben, Biopower, Sovereignty, After US President BarackObama signedthesymbolically powerful executive orderto closetheprison campsat Guntanamo Baybythe a brighter future for inend of2009,many itwouldsignal hopedthat still held ternational the fate of the at However, prisoners politics. held in the Guntanamo remains as do thefates of others unclear, facilities to operaterelasecret CIA detainment thatcontinue many More than the in unnoticed.1 visible detained tively secretly prisoners
*School of Politicsand Global Studies,Departmentof PoliticalScience, Arizona State University, Tempe, AZ, USA. E-mail:halit.tagma@asu.edu
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Homo vs.Homo Mom Sacer Soccer
of Guntanamo undisclosed some of the prisoners locations, Bay and others havebeen given havebeen transferred to third countries, in US court.2 the opportunity to be tried Despiteall the campaign continued fortransparency, the Obama administration's promises is remiin thenameof "national on suchfacilities security" secrecy a conThissuggests niscent oftheprevious administration's policies. of both fortheorists of statepractice thatis of interest tinuation with thetreatas wellas foractivists whoare concerned sovereignty ment ofsuchbodies. on a bodyofscholarship itis timely to reflect Atsucha juncture, on Guntanamo the"war literature that contributed toa growing Bay, between on terror," and ourmoregeneral sovereignty understanding has offered Thisliterature various and political violence. interpretaviolencethathavecome be forms of political tionsof thedifferent rendition. and extraordinary known as indefinite torture, detention, on studies on the "war In thegrowing of and scholarly body popular used to and the most terror," identify analogy interesting popularized of homo sacer. Adis thefigure the status of Guntanamo prisoners to "a homo refers of sacer the vancedbyGiorgio Agamben, concept In the "war most studies of be killed but not sacrificed." that can body a US Forexample, as obvious. on terror" this is taken quoting analogy as are the Zizek underlines how senator, prisoners regarded exSlavoj were 'The inmates at Guntanamo creatures: pendablebiological missed the bombs."3 those that were Nevertheless, important quesby the connection between to this tions can be raised with hasty respect in in and this homo sacer and the of prisioners Guntanamo, concept of ofaspects theoretical article I want to engagein a careful analysis I to association. want the Guntanamo thatproblematize Moreover, build both correct and is trying to that while upon Agamben suggest and ofthedetails hisneglect ofbiopower, Foucault's understanding to haslead him betray nuances ofFoucault's work compoimportant ofbiopower. nents ofFoucault's understanding of with a striking andPunish starts Foucault's depiction Disdpline who ofa on the bodyof Damien, prisoner sovereign punishment ofsovereign violence this fended thelaw.4 Foucault follows vivid story in modern the witha detailedoutlineof punishment procedures these than Damien's torture. a century later very Byexamining prison twodifFoucault seeksto illustrate different modesof punishment, in different eras:archaic ferent modesofpower sovereignty occurring conletme briefly In a similar and modern spirit, power. disciplinary Gunbeen identified in of that have sider modes conduct twoother tanamo Bay. ofMohammed A leakedlogbook oftheinterrogation al-Qahtani, records the a high-value following: prisoner,
Halit Mustafa Tagma 409
for18 to 20 hoursa dayfor48 of54 wasinterrogated [al-Qahtani] water and keptin a roomair-conditioned he was doused with days; he washoodedand menaced to inducehypothermia; bya dog; he on himself.5 and forced to urinate with fluids wasinjected Violence in thissense, remindsone of the opening pages of Disviolence.6Let us dplineand Punishand the classicformsof sovereign found in the unclasnow read the detailed and nuanced regulations sifiedStandardOperatingProceduresforGuntanamo: a week. minute recreation will receive two Detainees twenty periods minute showers a week.. . . The twofive . . . Detainees willreceive ... willbe detainees to thispolicy beinginterrogated. exception levelis a water bottle whenhis reward The detaineewillreceive fordestroying hisdiscipline to a one or he has completed changed outspe... Attimes, will bottle. ordamaging a water personnel give Forthespecial rereward ofthenormal cialrewards outside system. will thefollowing ofa rolloftoilet ward apply: give procedure paper, theroll ifthedetainee tries to force therollofpaper, thedetainee confiscate theroll or passes itoutto other intothetoilet detainees, at the If must be ... medical oftoilet says they appointment, paper. canwait another Ifmedical cannot refuse. [treatment] day, says they for willbe disciplined allowthedetaineeto refuse; however; they failure to obey.7 These twomodes of conductsuggestthatoperationsof powerare ratherthan a straightforward scrutiny complex and require further sacer. of homo of the Sovereignpower, biopower, concept application and disciplinary power are all deployed in the camp. The prisonsin Guntanamo Bay are not like Auschwitz gas chambers,and a Guntanamo prisoneris not simplya homo sacer that "can be killed but even ifwe were to deploythe conThis said, however, not sacrificed." of Guntanamo prisoners,this in our of homo sacer thinking cept contextsshaping would require lookingat the culturaland historical the concept of homo sacer. I argue that threerelatedarguments.8 In thisarticleI offer First, to has needed sovereignexceptionalism demarcate always biopower subwho are domestic/domesticized between those citizen-subjects basis be cast outside. On the who are to and those subjects jectivities of an examinationof the linkbetweenbiopowerand sovereign power I argue that Agamben's argumenton Foucault's understandingof For Agamben,sovty. biopoweris similarto a logic of supplementari has the violent that which monopoly to produce and ereign power, thatmakes the exclude bodies, seems to be the "privileged signifier" In other the words, Agamben the"polis," biopoliticalbody,possible. of the importance exceptional sovereignpower oretically privileges
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in and tobe operating that Foucault theorizes ofpower overthetype inlife" ofa normalizing the "everyday society. Biopower producing intothe lifeofa given of thebiological volves theentry population ofscienceand territoand ofthediscourses calculations ofthestate, ofthestrategies and tactics theimplementation rialization informing I reverse the theoretical of power. Agamben givesto soverpriority and shapestheviolence informs and arguethat biopower eignpower ofsovereign power. tobetray seems I argue that Second, important although Agamben in should be taken his of Foucault's work, seriously argument aspects subof the relation between a better to develop order understanding individubetween The pointofconvergence and sovereignty. jectivity of in is in need offurther alization and totalization exploration light I More offers. relations whatinternational argue specifically, theory Foucauldian more that one canmake byexploring reading Agamben's and the statehood tosovereign isclosely related formation howsubject effect. it into that discourses violent put exclusionary ofhomo oftheconcept association thepopular I evaluate Third, the of A brief evaluation sacerwith Guntanamo ongoing prisoners. there are serious that in Guntanamo detainment problems suggests I especially context. ofhomosacerin this in using theconcept argue in tanhas ofthebiopolitical that theproduction body longoperated ofselfand a demarcation that a regime oftruth demwith produces The and culture that is marked a process other, history. sovereign by does not follow powerto put bodies into a zone of indistinction intercultural historical account.Rather, relationships, Agamben's the to do with have much differences and racialand gender actions, formahomo sacer.Furthermore, of a so-called subject production hierthat oftruth isinformed violence tionandsovereign bya regime bodies. This regimeof truthand subject archizesand classifies of hisanalysis to be able to offer for is required formation Agamben I In providing sucha theoretical analysis, extraposovereign power. of the "war and other"episodes" thecase ofGuntanamo latefrom is thatalthough of thisanalysis The implication on terror." political itis at the in thenameofthesovereign is conducted violence state, violence cometo decideon whom that micro-level subjects sovereign is to be inflicted. and Biopower Power, Power, Disciplinary Sovereign tendtoemploy ofpower liberal andMarxist Whereas understandings or colindividuals to and attribute ofpower an "economism" agency of a Foucauldian lectivities, identity recognizes understanding power
as already and contained in a network ofpower. and agency captured and liberation are already For example, discourses about freedom subdued and infact are theenergetic mechanisms bywhich bypower the first of circulates. For Foucault, technology powerthat power Disout of classical archaic is disciplinary sovereignty emerges power. its it the has the individual under observes body gaze; ciplinary power in and about the order to body produces knowledge body, only produce docilebodies.The secondtechnology thatFoucault examines centers on thelifeof thespecies.Biopower, thissecondtechnology, individrests the articulation of (be itthrough self-government upon in democracy in authoritarian . This latualism or collectivity regimes) - in Foucault'sterms"scienceof the ter technology uses statistics - and other in order random state" measures tocalculate andforecast orprobable that areexpected tohappenina given events population. or prevent undesired It does so in orderto intervene, compensate, outcomes.9 of is Whiletheformer technology power individualizing, with "themanufacturing ofindior as Foucault putsit,is concerned in the second is that it viduals,"10 technologytotalizing brings together and amasses docilebodies,thenobserves and actsupon thisassembledbody as thepopulation/species. The beginning ofmodern known medicine andbiology as sciences andtheentry ofthehuman into body of marks the of at thecalculations politics dawn biopolitics. Whereas areproduced themicro level individuals networks through disciplinary and so on), at a macrolevelthepolitical schools, bodyis (prisons, in theform constituted ofpopulation/species.11 Bothdiscipline and - with take"control oflifein general thebodyat biopower, together, one pole and thepopulation at theother."12 used theterm Foucault at theend ofhislectures at "biopolitics" in 1975-1976.13 isused theconcept However, Collegede France today in varying As Paolo Virnopoints out: "Theconcept ofbiopoliways. becomefashionable: itis often, and enthusiastically, ticshas recently in every invoked kindofcontext. Weshouldavoidthis automatic and unreflective use oftheterm. Let us askourselves, howand why then, lifebreaks thecenter ofthepublicscene,howand why the through and governs State it."14 Foucault avoided a regulates Although giving cleardefinition ofwhat he meant itisworthwhile to adbybiopower, s concern.Matthew dressVirno' Colemanand KevinGrove, after a the conceptin line withFoucault'sown discussion, lengthy clarify work. Theyarguethat"Foucault's approachto theterm[biopower] sees thelifethat is theobjectofpower, is typically referred to which as 'population', abouta range offorms but,... [it]is moreaccurately ofindividual andcollective life ticsbythediscipline-biopoli implicated racism as an effect ofpower/knowledge."15 The reader should triplet that this I will be employing keepinmind throughout essay, "biopower
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Mom Homo Sacer vs.Homo Soccer
and regulation that are in this ofgovernment sense": as rationalities informed oftruth. byregimes ofa biopolitical bodyis the Agamben saysthat"theproduction ofsovereign byan "incluSovereign power, original activity power."16 is tobe addecides individual actofexclusion," which subject sionary mitted is tobe castoutside. intothepolisandwhich subject Agamben medieval werereminds us ofa medieval short ofa "dangerous" story from thepolitical that distance wolf is keptat a strategic community He pointsout of the sovereign. to the righteousness onlyto testify in a similar that thelogicofsovereign wecan discern exceptionalism of andlaw. is the What is way. Agamben studying conjunction biopower the term that Foucault invented "biopoliAgamben argues although to thefullextent. What he did notexploretheconcept tics," Agamlink between tobe themissing bendoesis toprovide what he believes and totalizing ofpower: theindividualizing aspects to theproblem of If Foucault thetraditional contests approach models or on instituis based on which exclusively juridical power, from thetheoretical tional andifhe calls for a "liberation models, inorder an analytic ofpower ofsovereignty" toconstruct privilege in the andcode,then that would nottake lawas itsmodel where, of at which of is the zone of indistinction technologies body power, more individualization and totalizing And, converge? procedures in which "double center thepolitical is there a unitary generally, such with bind" finds its reasons tobe?. . . Confronted phenomena that is transof the as the of the everywhere society power spectacle oreven to isitlegitimate the realm today, possible forming political hold andpolitical technologies apart?17 technologies subjective is Foucault. The first criticisms twocentral against Agamben brings forms of soverof the two Foucault's power: periodization apparent centered and biopower centered upon eignpower upontheterritory is a tranthat wereadin Foucault thepopulation. what Agamben says and lessabouthowtheseforms sition from to thelatter, theformer that wedon'treadin what areintertwined.18 Second, argues Agamben inbiopolitics, or thanatoofsovereign Foucault is theproblem killing of"the to take He stresses Foucault's neglect power apparent politics. ofthecamp. in theform life" on a massscaleexemplified interovertheFoucauldian sovereign power Agamben privileges an alternative what ofbiopower. Readthrough Agamangle, pretation can that there benispointing Foucault ishis"assumption" outagainst thatdea priori a sovereign everbe a domesticated power, society, thebiopolitical creates cideson theexception, which body. Agamben of intothecalculations life" of "biological arguesthattheinsertion ofthe ofpolitics. The entry datesbackto thebeginning sovereignty
sense senseand thecommunal bothin thesingular biological body, is as ofa political intotheconsiderations ofthebodypolitic, project for For and old as Western Agamben, Agamben. politics metaphysics ofsubofthebiological assumes that theentry Foucault body wrongly For invention. is a modern calculations into Agamben, jects political been has always calculations ofbiological lifeintopolitical theentry of theoriginal activity sovereignty.19 wassomething In fact, Foucault never however, arguedthatthis thatevenin themedieval modern. Foucault does acknowledge age, andefficient desired thehealthy governance reproduction sovereigns armies that had tobe put oftheir (suchas thevast given populations of thecultivation toproduce vast . In order on thebattlefield) armies, of the was landand effective Biopower, population required. policing a in modernity, has always seesas emerging Foucault which required the boundaries of of the articulation (thatis, population sovereign violence andatwhat as a citizen) whocounts sovereign suspends points ofpower, crises. These twoforms thelawto resolve analytialthough forms of poweropexclusive are not mutually callydistinguishable, this ismost evident in different historical Historically, periods. erating of theexisting indeclarations ofemergency, where technologies power from Foucault a given We know and govern cannotregulate society. and that resistance to thereis thereis power, that wherever power, and such as the barracks, institutions even in disciplinary schools, means and alternative ofrevolts, there is thepossibility riots, hospitals thatsovereign It is in suchperiodsof crisis of political resistance.20 domains that itdemarcates is clearly seen,for power's exceptionalism that wouldbe from domains to "normal" lawand conduct aresubject NeoMark and exceptional. as "foreign" Thus,for example, regarded wereencleousarguesthat historically, sovereign emergency powers in radicaltimes: acted toward thosewho could not be "governed" in apartheid South racialequality movements laborunionson strike, and so on.21 Africa, theregulation and healthy Ifbiopower is concerned with reproand at its ofa given with certain tactics duction strategies population, its of the and boundaries bethen the population question disposal, ofpower Wherethetechnologies comesone ofparamount concern. ofthepopulation cannotresolve theaporiaoftheboundaries (who crises the as a or when citizen-subject, widespread prevent qualifies ofgoodsand lives) and production , one observes healthy regulation those demarcates between a sovereign Sovereign power exceptionalism. and those whomust of"norm-abiding" forms subjects citizens-subjects The casesthat Neocleousdisfrom thebodypolitic. be externalized masslaborstrikes ofsignificant financial cussesare all periods crisis, and circulation ofgoods thecontinuity of production thatthreaten
414
and services, or imminent threats ofdomestic or international war.22 ofthepopulation are radisuchcrises, where theboundaries During and effiand undecidable, and wherethe healthy callyquestioned cientfunctioning of theeconomy is at stake, sovereign exceptional has similarly arguedthatpostpoweris enacted.Christine Sylvester to colonialAfrican states haveroutinely their subjected populations in times ofpolitical all in thenameofecoviolence distress, sovereign nomicdevelopment.23 visible suchperiods of crisis, soverWhilemost however, during to demarcate certain forms of the violent eignty, exceptional power in operation in a normalizing It is crises is always life, society. during meets itslimit. The average that the"norm" ofa normalizing society and re"normal" that of citizen-subject technologies power produces, the of a given lieson tooperate, is only boundaries bysetting possible In and domestic detention societies, (ized) normalizing population. since the "birth of confinement havebeen an ongoing ever process In thecontemporary articutheclinic" and the"birth oftheprison." of lationof security, domains"outside" sovereign powerconstructs in in turn such as Guantnamo which lawand "normal" Bay, society, A normalizing somakes "normal" lawand "normal" society. possible norms and itself to its self-referential which ciety, according governs force in thefirst is only madepossible that, standards, byan anterior of the makes the boundaries population. place, possible that Foucault ofthePanopticon Taketheparadigmatic example It is an architecusesto illustrate theworkings ofdisciplinary power. For that confines into tural subjects spaces. disciplinary power design that theintowork, there havetobe thewalls oftheprison segregate In other there must mates from "normal" words, be, to use a society. oflawbyan Derridean an initial term, (thefoundation coupde force ofthePanopticon that makes thewalls actofself-referential founding) an moment that constitutes thelawthrough It is a founding possible. violence.24 This is the generalpoint and performative interpretive of sovereign to the theoretical with powerover regards privileging those is that demarcates which exceptionalism biopower. Sovereign in a bioofpower whoare self-governed subjects bythetechnologies events from those tobe violently castaside.The tragic political society transformed their bodiesintolethal of9/11, where weapons, subjects and is to be regulated, meant that theindividual fostered, bodythat is always ofnormalization caredfor to thediscourses potenaccording After and "dangerous." all,theBushadministration's tially problematic are in Guantnamo is that theprisoners reason for keeping prisoners and other "madmen tokillthemselves whoarewilling populations."25 rational as a utilitarian Political liberalism understands the subject ofthebody into a weapon buttheself-transformation effectively subject,
Ha'i Mustafa Tagma 415
ofgovernment.26 oftheliberal theepistemology system problematizes foundathreatens theepistemic In this this self-transformation sense, of the utilitarand its discourse tionofliberal understanding capitalist in can better evaluate this one Understood ianreasoning way, subject. and thegovin thepost-9/11 taken measures theexceptional period, "threatmeasures to isolate biometrie ernment potential apparatuses' bodies." ening is the scale and forFoucault, Whatis unique aboutmodernity, that and the of of the disciplines technologies scope multiplication is characterized as the center modernity body.Subsequently, upon to a macrolevel, wherein ofsuchlocalizedtechnologies thetransfer is unthat Foucault is ofconcern. thespecies which argues Agamben Fouin biopoli tics. ofkilling an explanation able toprovide However, in the to some caultnotonly "right length describing sovereign goes this does notfallbythewayside that butalsomaintains tokill" "right" would 's correction with thedawnofbiopolitics.27 ofhistory Agamben of of life "From the view Foucault seem redundant. thus says: point that and it is thanks to the is thesubject neutral, and death, sovereign to be dead."28 or the tobe alive, possibly, right hastheright thesubject hasalways ofsovereign thesubject toFoucault, then, power According Contra been a bodythatcan be killed. Agamben's sweeping already ofnormalfocus on discourses Foucault wouldrather generalizations, whoaredeemed or exposeto death, that to kill, ization work subjects and gender. basedon race,class, inferior A Coalitionof Killing: The Sovereign Subjectand theState do the Whenandwhere remains Animportant unexplored: question technolowith of individualization totalizing converge technologies - a task to provide a full at explanation ThoughI do notintend gies? to InI hint of a direction travel. fails will which possible Agamben havearguedthatan analysis relations scholars ternational especially attention to their interaction. and subjectivity ofsovereignty requires 29Following of Kantand Foucault, RickAshley a discussion argues man is a happy concord between thesovereign that there reasoning "If statecraft an artoffixstate: medieval wasinpart and thesovereign theking couldmirror and serve. . ofGod that ingan interpretation an artoffixing a is in significant measure . thenmodernstatecraft mirstate can of man that the interpretationsovereign paradigmatic rorand serve."30 man and the thispact between to Ashley, sovereign According to To hintat a possible marks thedawnofmodernity. state response
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Homo Sacer vs.Homo Soccer Mom
is where the questionposed above,one might saythat"mancraft" If "modofindividualization and totalization converge. technologies would ernstatecraft is modern thensovereign mancraft," subjectivity In rethatthestatecreates and fosters. be thatform of subjectivity and conduct itsviolent thestate suchsubjects turn, go on toproduce thework of who business. Thishelpsus alsounderstand Butler, Judith of sovereignty at the local level arguesthatthereis a reemergence of bureaucrats where one seespetty having important sayon matters I is This localizedfacetof sovereign lifeand death.31 think, power, thesis thatpowerworks at the also a good extension of Foucault's locallevel. Foucault writes: but totake life ortoletlive was not replaced, Sovereignty's old-right which does not erase itcametobe complemented a new by right it.Thistechdoespenetrate theold right butwhich it,permeate the doesnot exclude disofpower doesnot exclude former, nology into but itdoesdovetail it, it, integrate modify technology, ciplinary andabove ofinfiltrating ittosome it,emall,useitbysort extent, in itself bedding disciplinary techniques.32 existing ofdisciplinary Foucault is hinting at thelocalnature power Although I think thereis also archaiccentralized with sovereignty, compared The localization theoretical another pointto be developed. possible I think refers towhen ofsovereignty isclosetowhat William Connolly in ofsovereignty" that is embedded he argues that there is an "ethos arwhich makesthe stateof exception Connolly possible.33 society, madeat thetop decision occurs is nota simple what today guesthat as the wherea sovereign level, figure getsto decideon whocounts from Deleuzeand in theSchmittian sense. Instead, borrowing enemy, at the top levelbutis is not a forceoperating Guattari, sovereignty or neighborhood fascism and city fascism, by:"rural supplemented and fasfascism oftheLeft and warveteran's fascism, fascism, youth and office."34 ofthecouple,family, cismoftheRight, fascism school, of soccerhooligans, levelin theactions Fascism works at themicro racist barBlackwater nationalist mercenaries, militias, trigger-happy unleaders. What andbigoted tenders, camps, goeson inprison party of a pureand simple in thissense,is notjust theproduct derstood Schmittian instead, decision; prisoncampsare spacesthatare conat themicro level.Prison structed and maintained campsare "legitito biopower, intrinsic oftruth and classification mated" bya regime border which bureaucrats, agents, intelligence patrol provides petty vitheauthority toimplement andso on,with sovereign interrogators, are comand violence bodies.The localdecisions olenceon physical basiswhich bureaucrats whodecideon a case-by-case mitted bypetty in military tribunals. bodieswill be tried
in ofthedetainees what Thisis exactly happenedin thehearings established Boards Review Administrative Guantnamo , (ARBs) Bayby of Defense.These boards on 11 May2004 by the US Department is tobe rea prisoner basis whether on an individual determine would detained. to remain or to a third leased,to be extradited country, the indicates on the an as Kristine arbitrary subject, Huskey, expert interbureaucrat's and howitwasup to a petty nature oftheprocess release of the if boards recommended the the Even of law.35 pretation metthedetainee, everhaving "without a petty bureaucrat a prisoner, duror lying thetruth wastelling thedetainee whether to determine It is ARB recommendation."36 the . . . can the ignore ing proceeding of conof a bureaucrat to the interpretation subjective entirely up to the US and itsallies," or "threat combatant," ceptslike,"enemy of of many detainment allowsforthe continued which exceptional in a not occur does an Such these however, interpretation, prisoners. of to the is it external nor and political cultural vacuum, play power/ the decisionism. ofSchmittian It is nota matter Instead, knowledge. of themselves are detainment oflifeand indefinite products a taking and of classification. and a regime of truth Byhierarchizing regime of of people as lessworthy living, certain racesand types classifying forthecontinto conduct violence enablesbiopower racist discourse oflifebysovereign The taking ofthespecies. uationand protection cateofidentifying, informed is always classifying, bya regime power asand territorializing It is this and profiling. hierarchizing gorizing, As bodiestobe exposedtodeath. certain that allows pectofbiopower thesis ofAgamben's "Inan apparent PaulPatton anticipation argues: Foucault ofpolitics character thebiopolitical sugtoday, concerning function without state 'can the modern that becoming scarcely gests racism at somepoint.'"37 involved with of Guntanamo the prisoners and security, the secrecy Despite ofthe"war The more cases attention. attracted much have tragic Bay are in suchprison rather are notto be found on terror" they camps, Pakistan. of and We to be foundin theremote villages Afghanistan other weekthat in theunnoticed article readaboutthem every may another or of a drone attack sixty "collaterally damaging" yet reports Such of Pakistan and in remote bodies Afghanistan. seventy parts of Somalianvillages have also targeted suspected deadlyairstrikes of scores of is the a terrorists.38 few killing Rarely morality harboring More a bad to few innocent recently, guys" questioned. people "get in theKunduz commander on 4 September 2009,a German province on two tankers that were stolen calledinan airstrike fuel ofAfghanistan tankers were surrounded The immobilized the Taliban. byapproxby togetfree fuel. Whenan one hundred Afghani villagers trying imately thecrowd wasimmediately F-l5 jet droppedtwo500-pound bombs,
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incinerated.39 Sincetheinception of the "war on terror" suchnews has becomea weekly meanwhile look the standard, citizen-subjects other undertheassumption that must havebeen bad guys. way they Still no inquiry hasbeenmadeintotheannihilation of(what iswidely Pakistani schooland theschoolchilargued bylocalstobe) a remote drenin itbya Pakistani/US raidin 2006.40 What is imporhelicopter is tant tokeepinmind for ourtheoretical that such violence purposes a is notonly those who or a by perpetrated pull trigger push button. ithasa background: and pracInstead, actions, decisions, discourses, It is thesecititicesconducted at themicro levelbycitizen-subjects. that state violence is carried outin thenameof,and itis zen-subjects their bodiesand wealth that is mobilized and putin dangerto fight an enemy. It is this form ofsubjectivity that sovereign capitalpower izeson whenthey conduct in remote killings places.41 on hereis that violence needsand capitalizes Mypoint sovereign in order to effects. The and deadly sovereign subjects produce killing violence itself and administered maybe conducted bybureaucrats, thewilland resources necbutitrequires to mobilize citizen-subjects for the violence.42 to Edmund With Burke, essary sovereign apologies hispopular couldbe rephrased as:Allittakes for sovereign quotation violence to killis thecitizen-subject to either Sovapplaudor enlist. in docile violence on the fascistic desire found the ereign capitalizes far must die." bodiesofmodernity: "For us tosurvive, those folks away coloOfcourse, "those folks far have often been the historically away" in renialsubjects ofEurope.Where smart bombskillcivilians today motevillages, colonialattempts to discipline natives included aerial in faraway lands.In 1920, bombardments ofremote Winston villages a memoon theunconas British ofwar, wrote Churchill, secretary in favour ofusing in Northern trollable villages Iraq: "I am strongly tribes. The moral effect shouldbe so uncivilised poisoned gasagainst Congood thatthelossoflifeshouldbe reducedto a minimum."43 brutal "infeviolence hasbeenparticularly toward sistently, sovereign rior faraway people." HominesSacri The controversy theprison Bay surrounding campsin Guntanamo has attracted muchattention. Numerous articles, books,and documentaries on thetopic. Thosewhohavewritten havebeenpublished on the subject includelawyers,44 international legal experts,45 jourmedical docofethics,47 human activists,48 nalists,46 right philosophers and international relations tors,49 theorists,50 military interrogators servicemen who served at thebase,51 and former They prisoners.52
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assessdetaileddocumentation of dailylife, havepublished diaries, ofthelegalstatus ofprisoners, accounts ofinterrogation techments on the accounts and even a movie based documentary personal niques, Three.53 offormer known as theTipton prisoners The prison haveaccommodated over800 campsin Guntanamo The first from at least 33 countries. were prisoners brought prisoners to theislandon 11January 2002.Of these800 prisoners only80 are An indepenwhile havebeen released.54 420 prisoners trial, awaiting ofDefense that 55 perbasedon Department datashows dentanalysis offense centof the prisoners have not committed any againstthe Thosewhowerefortunate to be released UnitedStates or itsallies.55 luckto having livedin a Western after ofdetention owedtheir years able to clear recorded were whose country provide intelligence agencies their Western citizenof their innocence.56 even evidence However, and into from thrown did not save them beingapprehended ship on other marks of difference inscribed Guantnamo There were Bay. an and their bodiesthat werenoticed logic. by exceptional gaze studies that theprisseveral havesuggested Following Agamben, the of ons in Guantnamo Bayexemplify logic sovereign exceptionis likened to a bodyabandonedbythe alism. The bodyofa prisoner - homosacer.57 The infamous can be killed butnotsacrificed lawthat in orange ofshackled show howtheprisjump suits images prisoners that makethem human. The oftheir senses oners havebeendeprived to the prisoners' that showedmuffs ears,goggles pictures strapped andmasks that cover their mouths. block their subjects sights Stripping in theblurring results of thelinebetween from their humansenses, andanimal. from theprisoners' statements human Wecanalsodiscern than an exreduced tosomething lower an animal; after that were they in thecamp, theprisoners that tensive begantoasktherights stay perto animals: nextto a kennel ofan tained "My cagewasright housing housewith airconditioning andgreen Alsatian dog.He had a wooden I to the 'I his and they to exercise on. said want guards, rights,' grass 'That is a member of the US acciFurthermore, army.'"58 dog replied: in Guantnamo mean a an would $10,000 dentally Bay "killing iguana ofcertain inlinewith fine because itgoesagainst theprotection species a prisoner isreferred toas 'mild US environmental whereas laws, hitting areno consequences."59 contact' and there non-injurious Thusin somerespects, ofthe"war on terror" be might prisoners in understood as homosacer. there are also particularities However, theprisoners are handledthat callfora critical theway rvaluation Ifin theclassical Foucauldian terofthe(non)spaceofGuntanamo. is about or and life," "taking granting minology sovereign power is about"letting liveand making then what can be said life," biopower in aboutthepower Guntanamo that "forces to live" when operating
420
them from controlled to prevent are carefully committing prisoners areforce fedand even suicide. ofGuntanamo Indeed,theprisoners are kept, health checks so as to insure barely, they given mandatory butnotsacrificed, the be killed alive. Unlike thehomosacer whomay In fact, exor sacrificed. in Guantnamo notbe killed may prisoners at Guantnamo tensive efforts are spentto keep theprisoners alive, for health ofoperating rooms suchas thecreation emergencies major treatare given health fordentistry. The prisoners as wellas facilities doubt the at the base.60 No to the ment similar tothat troops provided be read as window "health benefits" could of such dressing display to it is important conducted However, bythe camp administrators. efforts tokeeptheprisoners areindeedserious notethat there (often and interrobutnevertheless) alive. Furthermore, punishment barely, in does not result the use of violence are orchestrated so that gation from comtheprisoners efforts aremadeto prevent death.Extensive inmates havemetwith In other suicide. cases, hunger-striking mitting docuin unclassified a brutal forced Thus, army striking feeding.61 are orin Guntanamo mentthatoutlines Bay,guards procedures hostile act a detainees as youwould deredto "defend yourself against to Therefore itis correct harm."62 or serious or intent, death, bodily nor "taklive" is neither in Guantnamo that what "letting Bay say goes to live." or even"forcing butinstead live," "making inglife," are where that sovereign "power camps places argues Agamben Guantnamo but pure life."63 confronts Bay,declaredas nothing thereachoflaw, is,infact, regregulated bymany petty being beyond thereofdisciplinary are characteristic ulations that Reading power. one comesto TaskForceand prisoner ofthe testimonies, Joint ports that of rules and a that there is theconclusion procedures plethora Whereas ofGuntanamo thetreatment Agamben's prisoners.64 govern that wouldlead us to think ofindistinction" statement on "zones anyof Guntanamo. the is far from this reality thing goes in thecamp, been ofGuntanamo ofthelives element minuscule prisoners Every of a code a written the most for by regulated part, plannedand is, be that would occurrences and foreseeable conduct. probable Many and written havebeen forethought in a prison population expected manthis Procedures Titled Standard intoa manual. 250-page Operating of for treatment and therules, ual outlines regulations, procedures The manual circumstances.65 in many outlines, probable prisoners is a petty whenand howtospray todo ifthere for what riot, example, and so rituals forprisoners, burials on rioters, religious pepperspray an is not that it hints on.66 This clearly sovereign just exceptional rhetorin Rumsfeldian as exemplified in Guntanamo, atwork power Inmeasures." times salvos on ical exceptional requiring "exceptional in the at that are work of are there stead, technologies power multiple ofthis administration space.67 day-to-day
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and Colonialism Culture, Identity, ofa homosaceris notaccomplished sovThe production bya roguish a decision. such decisions are Instead, by regime supplemented ereign ofthose that identifies certain marks ofdifference oftruth (andcarriers in the and dangerous. this of as inferior marks) way prisoners Though not of a crafted of seGuantnamo are victims rationally Bay just logic their is a result of a or a sovereign decision. Instead, captivity curity, and colonial norms. In of truth cultural producedthrough regime I first of toargueso,however, show howan Agambenian order reading dimensions. Alcultural and historical Guntanamo prisoners neglects itis that isa homosacer, would today everyone though Agamben argue a flag-waving suburban soccermomin the United hardto imagine theTipton Three. intoa prison States beingthrown campalongwith In his attempt of government that to accountforthe structure theentire could has embodied Western tradition, Agamben political thefoundations ofthe those thinkers whoanchor be listed alongwith thefoundations ofsovin ancient Greeceand Rome.In locating West in ancient a particular of reifies narrative Greece, Agamben ereignty interaction or refthatis constitutive ofitself, without with theWest forecloses thepos"outside" ofitself. Sucha move erencetotheworld historical construct ofshowing wasa cultural and howtheWest sibility interactions of different cultures.68 Thisis thatcame out ofvarious that whowants tobuildon Foucault, forgets striking, given Agamben, Foucault himself an "anti-Roman ofsovereignty, that favored history" ofhistory that focuses on local circuits ofpower and intera reading relative actions of discourses. Whereas powerforFoucaultis always in circuits, 's work reveals a structure to and operates locally Agamben understands theoperation ofsovereign Agamben contemporary power. structure: a as a continuation ofthefundamental biopolitical politics To take ofbare-life/political existence. binary Agamben's opposition meansto forego continfundamental structure of politics seriously and chancein theplay ofpolitics, whereas Foucault, gency, historicity, as a genealogist, to trace and subjectivity in itstransforsought power ofpossibility, and radical hisconditions mation, ruptures throughout in order"tointroduce and theconstraints ofsystem discontinuity tory of themind."69 In thissense, Fouintothehistory Agamben betrays ofpower bothmethodologically and epistemocault's understanding as Mark Mazower "isnot Furthermore, out,Agamben logically. points inhistorical butinwhat he seesas thedeepermeaninterested change that certain historing,thepotentiality interpretation may gleanfrom icaloccurrences."70 NordoesAgamben seemtotaketheinternational orderintoconsideration, eventhough thecaptives in we learnfrom Guntanamo citizens are put in indefinite deBaythatsomestates' whereas other bodiesaregiven someform of tention, judicialprocess.
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that of and history Whatis theroleofculture goes intothemaking in themakis theroleofculture and identity thehomosacer?What that wouldhaveto Agamben ingofhomosacer?Thesearequestions oftheinternational as a result ofhisneglect keepat an arm'slength ofthehomosacer. dimension that goesintomaking and internaIf one brings intoconsideration the intercultural of what tionalfactors, thenwe get a morenuancedunderstanding of exclusion are in like Guntanamo Practices on Bay. goes settings from and those who excluded informed a cultural get by background, in oftruth thebody are thosedeemeddangerous bya regime politic in Agama society. becomeinvisible The detailsof thesepractices from a broadanalyben's analysis, relies on vast which generalizations as various postcolonial sis of Westernmetaphysics. Moreover, talk much norevenFoucault, literatures out,neither Agamben, point oftheidentity oftheWest visabouttheintersubjective construction and of -vis itsother The (s). disciplinary techniques regime modernity in the theinteractions did notemerge from butfrom Europeitself for adventures. Gayatri Spivak, periphery during Europe'simperial of is ethhas that Foucault's understanding power example, argued ofpower is distinctly madepossinocentric and hissubject Western, in of ble "by for the vision a certain geographical stage exploitation, Methods is geopolitically to theFirst World."71 discontinuity specific in the of discipline in sugarcane fields, schooling Calcutta, emerofhybrid a of the (in)secureidentity of nationalism as source gence other in the Caribbean: These and suggest many examples Spaniards from Eusocieties didnotspring suigeneris that modern disciplinary in different setofsubjects from theinteractions rope.Theysprang suchas "Western" in theconstruction ofidentities that resulted tings and the"peripheral other."72 in the what I do notwish tocontend that theWest happens grasps such an argument and brings it back to the metropolis; periphery and so on. would reify the "West-non-West," "center-periphery," itsother discourse with interaction oftheimperialist thevery Rather, oftheinvolved hasconstructed theidentity is,theEuro(that parties of colonialist . Today, racism and remnants pean and thesubaltern) ofnation-states that a pivotal rolein theconstruction thought played as a governin determining are still at work whogetsto be counted Homosacer isnota simina liberal order. ablesubject global capitalist decision.Homo saceris the of a roguish sovereign ple byproduct of at playin theformation and cultural forces ofhistorical product literature Postcolonial as a rational citizen ofthepolis.73 what counts of ofliberalism, theemergence that thediscourse haspointed during aubetween made possiblethe distinction Europeancolonialism, Thisliberal discourse andimmature tonomous liberal subjects. subjects
thegrounds fortheviolent created of non-Europeans to subjection colonialrule.74 Thisis especially clearwith to forms what of respect lifeare thrown into zones of indistinction. I shouldnote thatalI out the racial and colonial effect on whogets though point legacies' to be regarded as a homo sacer,Ewa Ziarekreminds us thatthe tics of also an role.75 gender biopoli plays important Violenceand Biopolitics Theright ofsovereignty wastheright to take life or letlive. And then this is established: new theright to "make" live andto right "let" die.76 Excludedbodies,forAgamben, are made possible bysovereign that barelife. ForFoucault, is assopower produces sovereign power ciated with thetaking oflife, whereas is associated with the biopower oflife. in a difficult Thisputs Foucault reproduction spotas thepower to killand makelivein theage ofmodernity has seenitsextremes: Ifthepower ofsovereignty isincreasingly on theretreat anddisciis on the is it how to kill? Howcan advance, power plinary possible murder function in this ofpower, which life takes as technology its both andits Given that this is object objective? power's objective tomake canitletdie?Howcanthepower how of live, essentially the function ofdeath, be exercised ina political cendeath, system tered upon bio-power?77 Foucault' s response is that racism is the"precondition to theexercise ofsucha power: theright to kill."78 Stateracism is introduced inorder toseparate livable life from life that canbe killed. ofthe Wars twentieth haveemployed suchreasoning, where a statist early century discourse externalizes and racializes thedanger to society that ought tobe defeated for thesakeofthecommunity. in Society Must Foucault, be had in mindthebiological variant ofracist discourse that Defended, wasportrayed in Nazi Germany and Fascist thetheme However, Italy. isalive andwellin today's can be loosely which labeledhereas racism, "cultural" racism.79 Cultural racism in this understood senseis articulatedtoday a discourse of "civilizations": "ourvalues," "our through modeofliving," and "proper" human Cultural racism exgovernance. itself inSamuelHuntington hibits 's binary ofa civilized world framing an uncivilized world. Orientalist discourse fostered (theWest)facing in eighteenthand nineteenth-century European imperialism Europe therepresentation ofMiddleEastern through peoplesas an inferior race.Similarly thecontemporary ofIraqisand today, representations
424
unabletogovern as threatening themselves, Afghanis subjects, helplein those societies.80 In launchexternal interventions gitimize military one therefore notonly internal and external threats, inga waragainst betters the"inferior but also ensures "the lives" people's regeneration and nationalist ceremonies that ofone's race"through heroicrituals the nation and its values.81 Western parade good Mitchell has arNone of thisis a recent invention. As Timothy toprocolonization of rested on the the ability gued, European Egypt modeled after the duce notjust a neatly military society organized and disseminate buttheability oftheEuropeanto imagine barracks, a form that wascolonizing ofrepresentation and identity bynature.82 and culturally inferior The articulation oftheEgyptian as theracially man through an Orientalist otherto theWestern rational scientific colwasat thecoreofEgyptian bothin Europeand Egypt, discourse, and military to lacktechnological onization. The Orient wasthought that lackedtheability toproduce andwasseenas a culture superiority a rational, encounter with The Europe's orderly society. imperial in their butalso to "win other wasnot huts," justto keepthe"natives a A French officer after hearts and minds." their military suppressing in 1845-1846in Egypt said: "When we have themin our rebellion whichare quiteimwe willthenbe able to do many hands, things their for and allow us to capture us which will today perhaps possible their bodies."83 This logicechoesremindsafter we havecaptured in Iraq whoworks with socialscicentnews whena US commander a human from entists at this from a "We're looking perspective, says, on theenemy. We're socialscientist's We'renotfocused perspective. focused on bringing downto thepeople."84 governance of differand themarks The regime of truth of a givensociety, has longinformed ence on a subject's body, sovereign powerabout of The US Army's recruitment forms oflifeare to be excluded. what titled in Afghanistan social scientists and Iraq under a program inwhich localized theway "Human Terrain (HTS) exemplifies System" discourse. Underthis areinformed decisions bya scientific sovereign are ofsocialscientists, most teams notably anthropologists, program, makebetter in combat to helpthecommanders embedded brigades in whichthey are operatto the population decisions withrespect ofthis serves statement oftheoverseer The following program ing.85 of between theproduction as an excellent exampleof the relation in thehuman sciences and itsutilization bya bureaucratic knowledge on understanding are focused "Cultural apparatus: anthropologists areformed. makedecisions and howattitudes howsocieties They give theeyesofthetarget us thebestvision to see theproblems through comment on this relation serves DavidPrice's my point population."86 on this nexus: power/knowledge
Halit Tagma 425 Mustafa
In observing that"cultural is an endlessendeavor understanding
choice of"leveraging" clarifies howthemilimilitary's beautifully andothers tary conceptualizes anthropologists providing occupying inIraqwith cultural information: areseenas priers of troops they tools tobeused for the extraction anduseofknowledge knowledge; inways "assets" that commanders seefit.87 military AsMitchell out,theuse ofthescientific points gaze to discipline, and control thelocalpopulation classify, goesbacktothecolonial period.Today wesee theuse ofscientific discourse in thetheUS Army's In an article Collection. theHTS, theadProfessional Writing detailing ministrators of thesystem drawfrom thelessonsof theFrench and in colonizing British thelocal population: "Conclusions experience demandthatpastexperience of logically guide our understanding in a manner howbestto meet, that ourownmilitary supports objectheexpectations and desires ofthepeople at theheartofsuch tives, What this means is that thecoloniallessons of thepast struggles."88 are used today to bring to the down "governance population." BesidesthemanualStandard Procedures that dictates the Operating minute-to-minute details on disciplining and Human Terprisoners rain Systems to classify and discipline thereis also a populations, that has the as itsobmushrooming psychiatric discipline prisoners Allison Howell that the as a regime discourse, ject. argues psychiatric of truth, has pathologized the Guantnamo such thatit prisoners in a the conditions of for indefinite deten"play[ed] part possibility tion."89 Howell showshow the scientific discourse on the mental health oftheprisoners hasconstructed them as "crazy, fanatical madmen"whoare dangerous to themselves and society.90 She argues that thisregime of truth has legitimated theindefinite detention of the This supports thatthe "regime of prisoners. mycentral argument truth" of biopower This means that supplements sovereign power. tactics of powercreatetheconditions of possibility forthejustificationofexceptional In other of words, sovereign practices. techniques that to and bodies feed divide, discipline power attempt individualize, backintoandjustify theconditions ofpossibility fortheexceptional in the articulation of a logic emergency powers logicofsupplemenAll excellence. this is not to that there isa simple chronoltarity par say to this and that such affairs occur in external abstraction, ogy logic, to chance, and the of contingency, historicity, interpretation, regime truth ofa given the of hand in Instead, techniques power society. go handwith theregime in a given oftruth Exclusionspace and time. and the of bare life do not as Agamary practices production operate, ben wouldhaveus believe, in a uniform and universal manner that across time and in be it the Greek or getsreplicated space, city-state
that must be overcome leveraging whatever assetsare available,"the
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Mom vs.Homo Soccer Homo Sacer
Ve thanks tosovereign that declares NaziGermany. power Agamben thearticuand theoretically, Sacer" are all Homo however, Historically lation oftheVe" is at thecoreoftheproblem. to standards are also subject ofthewaron terror The prisoners In the case ofJohn and profiling. of classification, categorization, whowas US family, suburban thesonofa white Walker Lindh, Phillip was in the war of in the "justice" Afghanistan, opening captured On the sentence. and he wasgivena twenty-year metedout swiftly, and in the of color," citizen otherhand, JosePadilla,"anAmerican norindefinite on ofother case ofthousands detention, put subjects are the forthisdifference Whataccounts mal lawis put on hold.91 backnational on a subject's ofdifference marks body(race,religion, to at the in all come that and groundlevel play ideology) ground, is to be treated decide who to bureaucrats whenpetty according get can be identiofracism The workings standard ofoperation. towhat as in this at thelocal level, bureaucrats ofpetty fiedin thespeeches Three: from one oftheTipton statement and inthe towers killed said"you oneofthem I recall that my family fuckers us mother back." it'stime toget now calling They kept you I I wassitting hours that orfour thethree andI think over there, a rifle butt with orstruck have beenpunched, must kicked, slapped I was toonumb that Itcame toa point 30or40times. atleast simply tothe torespond exhaustion the coldandfrom from pain.92 to do and had nothing citizens theThreewereBritish Although terassociated with were terrorist with the9/11 attacks, quickly they in and their racial rorism becauseof background apprehension Aftodo with hadnothing that thefact terrorism, they Despite ghanistan. stands their Guantnamo from release as their Baysuggests, treatment but of a senseless not of as an indication vengeance sovereign Their bias. racist a certain informed torture, capture, by vengeance racialprofiling initial wasall madepossible and treatment bya prior viomenbeingheldin captivity. in innocent that resulted Sovereign identhat of truth of a absence in the lencedoes notoperate regime tifiesthose whose bodies could be subjected to violence. As racist there wasan unmistakable in particular, disposition developed As of the bodies the"different" toward points prisoners. Reid-Henry subbothas an exoticand an inferior oftheOriental, out,theflesh of and the to do with had something stripping beating ject,probably MiddleEastern prisoners.93 theGenevaConnotto apply thedecision It may be arguedthat to the treatment of standards legal and other vention capprisoners decision. of an exceptional is representative turedin Afghanistan is sucha resolution I havebeen arguing, in linewith what However,
on thepartof theleadingpoliticomilinota simple act ofdeciding ofsubjects Thisis notto denytheimportance cadresofa state. tary in a space decisions do not take such in key however, place positions; much and history. to interpretation, external Furthermore, culture, such as "whois to be detainedindefiof the sovereign decisions, of petty are made at thelocal levelbased on interpretation nitely," bureaucrats. and informed arealways decisions byhistorical already Sovereign a member of the as to counts as who cultural "good understandings and thebodypolitic have "theinside," The "goodspecies," species." As Roxanne has colonial discourse. beenconstructed Doty pointed by of has had a vitalrole in the construction out,colonialdiscourse and other out that nations. She further Western race, religion, points classian important rolein national ofdifference haveplayed marks exotic has as inferior and The treatment offaraway fication.94 people in its classic sense. Therein nation an role building played important member ofa "legitimate" a "legitimate" whocounts as a citizen, fore, interaction of the and effect of centuries of is the nation, product in thissense,sovereign decisions Understood Westwithitsothers. and shaped madeat thetopor bottom level)are informed (whether in This is cultural and colonial a grand history. neglected Agamben's by of Western Therefore, sovereign powerneeds the analysis politics. of and othering hierarchization, classification, bya regime provided of in ordertoconduct itsviolent truth Onlycertain types peopower. intoa zone of indisas bare lifeand thrown ple could be rendered itiseasier tocomprehend the"smooth" Understood this tinction. way, ofhomines sacrioutofMiddleEastern subjects. production as MichaelRatner In theearly of thewarin Afghanistan, stages ofpeoplewerecollected and EllenRaypointout,tensofthousands Alliance.95 thecollected were ordinary foreign Among bytheNorthern of theTalibanregime. aid workers, and probable fighters refugees, Forces.96 $50 to $5,000per head to Coalition Theyweresold from and there based on tangible Eventhough wasno real investigation to Guantnamo. concrete somethesecaptives wereflown evidence, a Casiobrand AsFox points were out,iftheprisoners watch, wearing as it sigthismeantan higher prizein theeyesof theinterrogators, AI Qaeda bombmaker.97 The naledthattheprisoner wasa probable a Casiowatch in someparts ofthe between smalldifference wearing is at theground makes itposas opposedto others, levelwhat world, siblefora bodyto be becomea homosacer. Theycan thenbe flown future. off to an unknown place to facean unknown bureaucrat or members ofa military Atthelocallevelitis a petty tribunal that decideon whogetstobe detained However, indefinitely. ofidentity on thebody. National their areinformed decisions bytraces are marks of difference skincolor, belief, origin, religious ideology,
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Homo vs.Homo Soccer Mom Sacer
inSuchdifferences that bypetty sovereigns. getreadand interpreted formthe decisionsthatrenderbodies as homo sacer,whichare In themodernage, no doubt, intoa zone of indistinction. thrown - an obeeventhebodyofa soccermom wouldarguethat Agamben dientnationalflag-waving subject has enteredinto politicaland momis notexposedtothe thesoccer calculations. However, strategic hiand of truth violence ofhomosacer. disciplines produce Regimes of and this is an ordered aspect subjectpositions, erarchically that to The theoretical gives sovereign priority Agamben biopower. makes itpossible for itis shown that isreversed when biopower power to conduct violence. thepetty of the state Sovereign sovereign agents and shapedbybiopower. is informed power Conclusion that attheborder, Mark Salter In hisanalysis ofsecurity checks argues in relation is subjectivity expressed primarily "contemporary political that enlimits and exclusions all oftheattendant tosovereignty. With on the on Roxanne tails."98 focusing vigilante groups Similarly, Doty, deciofpetty hints at thesignificance US-Mexican border, sovereign miundocumented for the sionshaving life-and-death consequences I that In such have with analyses, argued biopower, grants." keeping therelations ofproduction, andgoverns which administers, regulates, to is thenecessary and lifeofa given society, supplement exchange, should not be s disregarded. Agamben' arguments sovereign power. ofpower. toourunderstanding He hasmadeimportant contributions in his and be careful Weshould, however, applying concepts language. towhat The prisoners ofGuntanamo AgamBayare notequivalent not the who in his are ben portrays and they certainly work, subjects This concentration violence of Nazi the said, camps. experienced Such from work. tobe learned there arelessons however, Agamben's ofa mystical as evidence are notto be taken paradoxto be prisoners could Guntanamo in and law. found Western prisoners metaphysics nor an neither be explained by Agambenian paradoxicality through couldbe better alone.Suchoccurrences a Foucauldian panopticism and racism. a culture saturated an effect of understood as byhistory ofpetty bureaucrats. informs thedecisions It is this culture that hints at thesuppleA look at "normal" "domestic (ized)" society and relation between Sovereign power. biopower sovereign mentary of extralegal is aboutthe creation to somedegree, exceptionalism, the9/11 Four before of"normal" that aretheother years society. spaces the US used the and the attacks, by president, exceptional powers inside the certain to construct was camps Army already planning
inmate laborproas "civilian States. Suchcampsare specified United on and civilian installations," terminology Army camps prison grams Morerecently of concentration camps.100 unambiguously suggestive has agreedto a $385 million ofHomelandSecurity theDepartment forthissum, On contract contract withthe Halliburton company. facilities on US detainment wouldconstruct Halliburton emergency not are these concentration soil.101 yetoccupied, camps Although forthe theoretical is important thisdevelopment pointdeveloped showthatGuantnamo here.Such installations Bayis notan excepof exceptional articulation tion to the everyday sovereign powers. been ongoingand conSovereign exceptional powershave always theborevenwithin society, structing exceptional spacesto domestic ruleoflawreigns over dersof theUnitedStates, wherethenormal I think is always theland.Sovereignty Agamben already exceptional. is always as the would agree. A normalizing society exceptional, so"inside" and "outside" domesticized of places spread exceptional others A needs its society dangerous cietysuggests. normalizing inside to mobilize. whom Whentoday campsare constructed against foran unknown toitis due to a regime ofcalculation theterritory, The and the morrow spaces haunting today's biopolitics. exceptional in a in suchspaces, do notoperate homines sacri however, produced and The "normal" has been vacuum. citizen-subject always historically been culturally shaped,and accordingly, sovereign powerhas always discourse. informed bya colonialand Orientalist Notes
Bill I am indebted to mydiscussion with Andrew Neal, Tim Ruback, K. Ashley. of thisarticle is mine and Richard Anyshortcoming Wolfgram, alone. in Guntanamo is drawn to theprisoners 1. Whileparticular attention aretens ofthousands ofsubjects whoareviI should notethat that there Bay, mutilated and castintoshadowy and cells, all in thename dungeons olently to thenormof of exceptional measures. whilean exception Guntanamo, thelaw." is notan exception to themushrooming spaces"beyond prisons, consideration include oftheundisModern under would many prison camps as wellas Bagram AirBaseinAfghanistan, and the closedsecret CIAprisons, in Iraq,which others" AbuGhraib housedthe"dangerous previously prison to SaddamHussein's regime. bureaucrats at theUS DepartButler 2. AsJudith pointsout,military in their ofDefense use oflanguage, ment (DoD) notoriously strategies apply Ifthedesignation and not"prisoners." of to captives as "detainees" referring weretobe accepted couldtheoretically legitimate bytheDoD this "prisoner" in factimprisoned, theprisoners' of their been detained, argument having I arguethat resistance tosuchviolence without due legalrights. a textual may rather than be advanced this crafted term of"detainee" byavoiding tactically
430
and Violence, ofMourning Life:ThePowers JudithButler (Precarious "prisoner." London and New York:Verso,2003). 3. See back cover of GiorgioAgamben,StateofException (Chicago: Uniof Press, 2005). versity Chicago 4. Michel Foucault, Displine and Punish: The BirthofthePrison(New York:VintageBooks, 1979). The Atlantic "InsideGuntanamo," 5. Andrew Sullivan, (January-February 2008), onlineat http://www.theatlantic.com/doc/200801/Guantanamo-photos. Foucauldian take on Guantanamo see AndrewNeal, 6. For a different 2005, online at http:// "National,Sovereign,Disciplinary Exceptionalism," AndrewNeal, "Foucaultin Guntanwww.libertysecurity.org/articlel99.html; 37 (2006): of the Exception,"Security amo: Towardsan Archaeology Dialogue, 31-46. 7. JointTask Force -GITMO, "Camp Delta StandardOperatingProcedures,"28 March, (2003): 27. Online. 8. Some of the ideas I develop here have also been developed in a chapedited book. fora forthcoming terwritten at College de Lectures 9. Michel Foucault, Security, Population: Territory, France1977-1978 (New York:PalgraveMacmillan,2007), p. 101. and Punish, note 4, p. 172. 10. Foucault,Distoline de Lectures at theCollege 11. Michel Foucault, SoetyMust Be Defended: France, 1975-76,translated byDavid Macey (New York:Picador,2003) , p. 243. 12. Ibid., p. 253. 13. Ibid. 14. Paolo Virno, Grammar (New York: Semiotext(e), of theMultitude 2004), p. 81. and theRe15. Mathew Coleman and KevinGrove, Biopolitics, Biopower, D: Society and Space27 (2009): Environment and Planning turnof Sovereignty," 489-507. Power and BareLife(Stanford: 16. GiorgioAgamben,HomoSacer: Sovereign Stanford University Press,1998), p. 6. 17. Ibid., pp. 5-6. 18. Ibid., pp. 82-83. 19. Ibid., p. 6. of California 20. Timothy Mitchell,Colonizing University (Berkeley: Egypt Press,1991), p. 171. to point out thatNeocleous argues that"emergency" 21. It is important of colonial rule as well.MarkNeocleous, 'The Probthe structure constitutes Alternalem withNormality: Taking Exception to 'PermanentEmergency,'" tives 31 (2006): 191-213. 22. Ibid. Prob"Bare Life as a Development/Postcolonial 23. Christine Sylvester, 172 (2006): 66-77. lematic,"Geographical Journal 24. Jacques Derrida, "Force of Law: The 'MysticalFoundation of Autranslated Derrida, by MaryQuaintance, in Gil Anidjar,ed., Jacques thority,'" ActsofReligion (New York:Routledge,2002). or Madmen? The Diagnostic Competition 25. Allison Howell, "Victims International Political Detainees at GuantanamoBay," Over 'Terrorist' Sodology 1 (2007): 29-47. 26. For more on suicide bombings and biopoliticssee StuartMurray, On the Use of Death forMobilizingPoliticalLife,"paper "Thanatopolitics: presentedat the Annual Meetingof the AmericanPoliticalScience Association,1-4 September2005.
Hallt MustafaTagma
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note4, p. 240. andPunish, 27. Foucault, Discipline 28. Ibid. K. Ashley and R. B.J.Walker, 29. Richard Dissidence, Writing "Reading Studies International of Sovereignty," Crisis and theQuestion theDiscipline: Edkins and Vronique 34 (1990),pp. 367-416. eds., Pin-Fat, Jenny Quarterly CO: Lynne andSubjectivity Rienner, 1999). (Boulder, Sovereignty and ManPoststructuralism ELAshley on Borderlines: 30.Richard "Living inJames Der Derianand MichaelShapiro, eds.,International/IntertexWar," 1989),p. 303.
Politics Postmodern tualRelations: (Lanham, MD: Lexington, Readings ofWorld and Violence Precarious 31.Judith Butler, (LonLife:ThePowers ofMourning
don and NewYork: Verso, 2003). note4, pp. 241-242. andPunish, 32. Foucault, Displine inJenny Edkins 'The Complexity ofSovereignty," 33. William Connolly 2004),p. 33. Routledge, A Thousand Plateaus: 34. GulesDeleuze and FelixGuattan, Capitalism Minnesota andSchizophrenia Press, 1987),p. 214. (Minneapolis: University forClassifying and Procedures "Standards 35. Kristine 'Enemy Huskey, International LawJourWhatHaveYou Done?" Texas Combatants': Congress, nal43 (2007): 41-54. 36. Ibid. and Punish, note4, p. 254. quotein Foucault, Discipline US armed AC-130 carried out bya heavily a strike 38. See forexample onlineat http://news.bbc.co.Uk/2/hi/africa/6243459.stm. gunship, For 39.Onlineathttp://news.bbc.co.uk/2/hi/south_asia/8237287.stm. athttp://www.bild.de/BILD/politik/2009/ see online thevideoofthis strike, 11/26/bomben-video-kunduz-in-afghanistan/verschwieg-minister-jung-diewahrheit-ueber-die_20bombardierung.html. undertheasnews couldbe keptat arms length 40, Such "unnoticed the in the were associated with those who died attack that "possibly" sumption 6099946 See onlineat http://news.bbc.co.Uk/2/hi/ "bad guys." south_asia/ .stm. ofthecountries isnotconfined tocitizens 41.Thisform ofsubjectivity parbureaucratic elite" ofthewilling." The "intellectual in the"coalition ticipating oftheir own and helpsin thekilling sometimes welcomes oftarget countries In a strikis committed evenifittheviolence country. bya foreign population, wearetold outdue toairstrikes, bytheexwiped ingquoteabouttowns getting in Islamabad and Security Studies oftheCenter for Research ecutive director inWaziristan, welthepeopleunder those haveshown that that attack, "surveys said Farrukh are attacking the right come the dronesbecausethey guys," the online athttp://news.yahoo.eom/s/mcclatchy/3268368. Saleem, Similarly, in response tothekilling ofa SoAbdullahi interim Somalian Yusuf, president tobombard 'The US hasa right malian town's sizable suspects says: population, in Kenyaand Tanzania,"online at http:// its embassies who attacked news.bbc.co.uk/2/hi/africa/6243459.stm#Somalia. and drones, and thejingoist ofbodiesbygunships 42. The elimination on you tube.Such this areviewable whoopenly celebrate violence, spectators bureaucrat that ofthemilitary are officially taken from the"kill-cam" videos see http://www.youtube.com/watch? thebutton. Forsuchan example pushes and http://www.youtube.com/watch?v=JkODv9wzgDg& v=UsA9VtQ__uLg feature=related.
note 9, p. 208. Original and Population, 37. Foucault, Security, Territory, Politics Lives:Power in Global eds. Sovereign and Vronique Pin-Fat, (New York:
432
Mom HomoSacervs. HomoSoccer
on a viaeomatnasnaa comments see unespectator Alsoas an example, executBlackwater than one million more views, snipers showing trigger-happy onlineat http:// a safedistance, "badIraqis" from of,presumably, ingscores www.youtube.com/watch?v=PpbEjdwLQgo&feature=related. Secret PoisonGas Memo," Churchill's "Winston 43. Winston Churchill, onlineat http://globalresearch.ca/ on Globalization, forResearch Centre articles/CHU407A.html. Power Abuse and the Guantnamo 44. JosephMarguilles, ofPresidential : Simonand Schuster, 2006). (NewYork Conandthe The andMark 45.James Silkenat Shulman, Presidency Imperial Vol. 2 (Westport, on Terrorism tothe Global War React Lawyers of9/11: sequences "Guantnamo CT: Praeger/Security International, 2007); Fleur Bay Johns, International The oftheException," and theAnnihilation Journal of European Law16 (2005): 613-635; onHuman America's War 46. DavidRose, Guantnamo: (London: Rights Faberand Faber, 2004). Ireatment 47. Clark Butler, ed., Guantnamo oj Judicial-Moral Bayandthe IN: Purdue the Other Press, 2007). (West University Lafayette, Should What theWorld and Ellen Ray,Guantnamo: 48. MichaelRatner VT: ChelseaGreenPublishing, Know River 2004). (White Junction, on War andthe Medical Oath 49. Steven Torture, Miles, Complity, Betrayed: Random Terror House,2006). (NewYork: 50. Andrew Neal, "National, Exceptionalism," Disciplinary Sovereign, Andrew online athttpy/www.libertysecurity.org/artcle^.html; Neal, 2005, SecuoftheException" an Archaeology Towards in Guantnamo: "Foucault "LawTransnote25; ClaudiaAradau, 37 (2006): 31-46;Howell, rity Dialogue Third World 28 and the 'Other'Exception," formed: Guantnamo Quarterly (2007): 489-501. War the Secret : Inside The and GregMiller, 51. Chris Interrogators Mackey Brown and Company, : Little, Yee, 2004);James (NewYork Al-Qaeda Against Public Fire Under Faith andPatriotism ForGod andCountry: Affairs, (NewYork: 2005). backcitizens of Pakistani threeBritish 52. In a composite statement, 'This forces. in thehandsofcoalition treatment their haveoutlined ground to setout an attempt constitutes madebythem statement [115pages] jointly and ofU.K.andU.S. military atthehands treatment details oftheir personnel in Kandaharin civilian authorities duringthe time of theirdetention in American their time in lateDecember 2001and throughout Afghanistan oftheexpeis a composite Cuba.Thisstatement in Guantnamo Bay, custody Asif Three:Shafiq The Tipton riences ofall three." Rasul, Iqbal,and Rhuhel andGuantnamo inAfghanistan Detention Statement: Ahmed, Bay2004, Composite onlineat http://www.ccr-ny.org/v2/reports/docs/Gitmo-compositestatement FINAL23julyO4.pdf. the moviethatappearsto closely 53. For the documentary represent onlineat http://www.imdb.com/ occurrences see TheRoadtoGuntanamo, tide/tt0468094/. in theadministrathathas been articulated 54. The classicargument of thereader overand overagain.To remind tion's logichasbeenrepeated in soilis bestcaptured in non-US commissions touse military theargument on the wereestablished commissions thefollowing passage:"The military The basicaimwas Order. basisofa November 13,2001Presidential Military outside theAmerican in the'waron terrorism' to placeprisoners captured for and protections with all ofthedue process criminal court rights system,
HaMiMustafaTagma
433
and US for within that theaccusedprovided system bytheUS Constitution wouldhave stated that laws. The order and international prisoners expressly decision orinternational with thefinal toanyUS,foreign no recourse court, or thesecretary ofdewith thepresident or conviction on thesentence lying fense." Online at http://www.wsws.org/articles/2005/jul2005/guanjl9.shtml 55. MarkDenbeauxand JoshuaDenbeaux, Reporton Guantanamo of Department of A Profile of 517 Detaineesthrough Detainees: Analysis Law Research 46 (2006), onlineat Hall Public DefenseData,"in Seton Paper, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=885659. ofthis Murat that were released 56. Ofthedetainees bythetime writing, - livedin Germany, - a Turkish the TiptonThree whereas citizen Kurnaz between US and after in theUK.Allofthem werereleased lived cooperation in thearticle, this hints AsI explore institutions. later intelligence European have. There are ofvulnerability levels at theissueof different may subjects suchas a incarcerated other debates whether mistakenly prisoners ongoing in theUnited States. be released should groupofUyghurs Prob"BareLifeas a Development/Postcolonial 57. Christine Sylvester, 'The Return 172 (2006): 66-77;ClaudioMinea, lematic," Geographical Journal note25. inHuman oftheCamp," 29 (2005): 405-412; Progress Howell, Geography onlineat http://stateof "TheHumanIs a Battleground," 58.Jess Whyte, reader/human.html. emergency.nomasters.org/ November New "Inside 59.Clive 21,2005, Guantanamo," Statesman, Smith, onlineat http://www.newstatesman.com/200511210007. 60.Online athttp://www.globalsecurity.org/military/facility/Guantanamobay_x-ray.htm. intervention is 61. Force-feeding bysovereign prisoners hunger-striking to VII also ordered nota newidea.KingEdward suffragettes hunger-striking ofresistance, 1909.Fora discussion force fedin August be brutally gender, "BareLifeon Strike: Noteson theBiopolisee EwaZiarek, and homosacer, Atlantic 107 (2009): 89-105. South tics ofRace and Gender," Quarterly note7. TaskForce-GITMO, 62.Joint 63.Agamben, note16,p. 171. note52. 64. The Tipton Three, a GuidetoDetainee 65.Josh "Now Online, Treatment," White, Washing4 December ton 2007,A19. Post, Manual" Guantanamo howthis detailed 66. Reuters "Operating reports onlineat http://www.reuters wasleakedto theInternet bya whistleblower, .com/article/internetNews/idUSN142420702007lll4?pageNumber=l&virtual BrandChannel=O. thescope Rumsfeld himself discusses 67.In an unclassified action memo, that he ofdetainment and interrogation. of thesepetty Arguing techniques couldbe that thelength ofinterrogations 8-10hours a day, he suggests stands Onlineathttp://www.defenselink.mil/news/Jun2004/ lengthened. properly d20040622doc5.pdf. discourse is a reminder ofthis Said'sstudy ofOrientalist 68.Edward particular see Edward Books,1979). point; Said,Orientalism (NewYork: Vintage in Graham and theStudy of Discourse," 69. MichelFoucault, "Politics
Studies in GovernmentalBurchelland Colin Gordon, eds., TheFoucault Effect:
Wheatsheaf, ity (London:Harvester 1991),p. 53. Boundand theNazis," 70. Mark "Foucault, Mazower, Theory Agamben: 2, no. 35 (2008): 23-34,at p. 32. ary "Can the Subaltern 71. Gayatri y Nelson and Speak?"in Car Spivak,
434
Lawrence Grossberg, and theInterpretation eds., Marxism (Urbana: ofCulture University of IllinoisPress. 1988. n. 289. in TimothyMitchell, 72. TimothyMitchell,"The Stage of Modernity," ed., Questions Press,2000). ofModernity (Minneapolis:MinnesotaUniversity 73. Anotherreading of bare lifeis to argue thatbare lifeis the "constitutiveoutside" of the body politic,which determinesthe extent to which powerrelationsextend in the polis. 74. BarryHindess, "Metropolitan Liberalismand Colonial Autocracy," in eds., Habitus:A SenseofPlace (Burlington, Jean Hillier and Emma Rooksby, VT:Ashgate, 2005). 75. Ziarek,note 61. 76. Foucault,Displineand Punish, note 4, p. 241. 77. Ibid., p. 256. 78. Ibid. 79. Etienne Balibar,"Is There a 'Neo-Racism?" in Etienne Balibar,eds., Identities Race,Nation,Class:Ambiguous (London and New York:Verso,1991). 80. There is also an initialdiscursive violence where all ethnic and reliwithin those societiesare erased,such thatan imaginednagious differences tionalidentity is ascribedto all subjectslivingin those areas of the world. 81. Foucault,Discipline note 4, p. 257. and Punish, note 20. 82. Mitchell, 83. Ibid., p. 95. 84. Online at http://ww.nytimes.com/2007/10/05/world/asia/05afghan .html?incamp=article popular_4&pagewanted=print. 85. ParaphrasedfromMontgomery McFate,seniorsocial science adviser withthe US Army's Human TerrainSystem. "AcademicEmbeds: ScholarsAdvise Troops Abroad" aired on National Public Radio on Talkofthe 9 Nation, October 2007. 86. Online at http://news.bbc.co.Uk/2/low/americas/7042090.stm. 87. Online at http://www.counterpunch.orff/price03182008.html. 88. Online at http://www.army.mil/professionalwriting/volumes/vol12_06_2.html. ume4/december_2006/ 89. Howell, note 25, at p. 44. 90. Ibid. 91. For a peculiar racistbias of the law see Natsu Saito,FromChinese Exclusion toGuantnamo the Power and State CO: (Boulder, Bay:Plenary Prerogative Pressof Colorado, 2007) , p. 7. University 92. The Tipton Three, note 52. 93. Simon Reid-Henry, Guantnamo Bay and "ExceptionalSovereignty? the Re-ColonialPresent," 39 (2007): 627-648. Antipode 94. Roxanne Doty, "Sovereignty and the Nation: Constructingthe Boundaries of National Identity," in Thomas Biersteker and Cynthia Weber, as SocialConstruct eds., State Press, (New York:CambridgeUniversity Sovereignty 1996). 95. Ratnerand Ray,note 48, p. 9. 96. Ibid. 97. Ben Fox, "Casio Watchis Terror'Evidence' at Guantnamo,"Seattle P1,10 March2006, online at http://seattlepl.nwsource.com/national/262432_ gitmol0.html. 98. MarkSalter,"Imagining Numbers:Risk,Quantification, and Aviation 39 (2008): 243-266. Security," Security Dialogue, 99. Roxanne Doty,"Fronteras Compasivasand the Ethics of Uncondi" Millennium: tionalHospitality, International Studies 35 (2006) : 53-74. Journal of
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100.Thisis a phraseused in US Army 21-35, Unclassified Regulation onlineat http://www.army.mil/usapa/epubs/pdf/r2 Document, 10_35.pdf. in 2005.Thissuggests in 1997, butwaslater revised Thiswasoriginally written 11 at work before theSeptember that wasalready sovereign exceptionalism attacks. Contract 101. Katherine Hunt, "KBR AwardedHomeland Security Worth Market 24January 2006,onlineat http://www Watch, up to $385M," .marketwatch.com/News/Story/Story.aspx?guid=%7B62C8724D%2DAE8A %2D4B5C%2D94C7%2D70171315C0A0%7D&dist=SignInArchive&param =archive&siteid=mktw&dateid=38741%2E5136277662%2D858254656.

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