Abstract

http://ssrn.com/abstract=1436590
 
 

Citations (1)



 
 

Footnotes (231)



 


 



A Universal Enemy?: 'Foreign Fighters' and Legal Regimes of Exclusion and Exemption Under the 'Global War on Terror'


Darryl Li


Columbia University - Committee on Global Thought

April 8, 2010

Columbia Human Rights Law Review, Vol. 41, No. 2, p. 355, Winter 2010

Abstract:     
This Article argues that the ongoing U.S.-driven “Global War on Terror” stands apart from similar state campaigns in its special focus on confronting “foreign fighters” — armed, transnational, nonstate Islamists operating outside their home countries — in places where the United States is no less foreign. This global hunt for foreign fighters animates diverse attempts to exclude similarly “out-of-place” Muslim migrants and travelers from legal protection by reshaping laws and policies on interrogation, detention, immigration, and citizenship. Yet at the same time, certain other outsiders — namely the United States and its allies — enjoy various forms of exemption from local legal accountability. By juxtaposing the problems of extraordinary rendition and military contractor impunity in post-war Bosnia-Herzegovina and post-invasion Iraq, this Article illustrates this braided logic of exclusion and exemption. Predating and likely to outlast other legacies of the Bush administration, this logical framework undermines the rule of law and other state-building efforts while occluding crucial normative questions surrounding the legitimacy of the exercise of U.S. global power. This Article examines legal structures in Bosnia-Herzegovina and Iraq and their underlying premises to reframe post-Cold War debates about nation-building and post-9/11 arguments about the laws of war.

Number of Pages in PDF File: 74

Keywords: war on terror, human rights, humanitarian law, torture, occupation, rendition, contractors, citizenship, immigration, state-building, Bosnia-Herzegovina, Iraq

Accepted Paper Series


Download This Paper

Date posted: July 25, 2009 ; Last revised: May 7, 2010

Suggested Citation

Li, Darryl, A Universal Enemy?: 'Foreign Fighters' and Legal Regimes of Exclusion and Exemption Under the 'Global War on Terror' (April 8, 2010). Columbia Human Rights Law Review, Vol. 41, No. 2, p. 355, Winter 2010. Available at SSRN: http://ssrn.com/abstract=1436590

Contact Information

Darryl Li (Contact Author)
Columbia University - Committee on Global Thought ( email )
3022 Broadway
New York, NY 10027
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,796
Downloads: 296
Download Rank: 57,729
Citations:  1
Footnotes:  231

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.234 seconds