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When Donald Rumsfeld designated the imprisoned Taliban fighters 'unlawful combatants' (as opposed to 'regular' prisoners of war), he did not simply mean that their criminal terrorist activity placed them outside the law: when an American citizen commits a crime, even one as serious as murder, he remains a 'lawful criminal'. The distinction between criminals and non-criminals has no relation to that between 'lawful' citizens and the people referred to in France as the 'Sans Papiers'. Perhaps the category of homo sacer, brought back into use by Giorgio Agamben in Homo Sacer: Sovereign Power and Bare Life (1998), is more useful here. It designated, in ancient Roman law, someone who could be killed with impunity and whose death had, for the same reason, no sacrificial value. Today, as a term denoting exclusion, it can be seen to apply not only to terrorists, but also to those who are on the receiving end of humanitarian aid (Rwandans, Bosnians, Afghans), as well as to the Sans Papiers in France and the inhabitants of the favelas in Brazil or the African American ghettoes in the US.

This refusal, significantly downplayed by the major media, is an authentic ethical act. It is here, in such acts, that, as Paul would have put it, there effectively are no longer Jews or Palestinians, full members of the polity and homines sacri. One should be unabashedly Platonic here: this 'No!' designates the miraculous moment in which eternal Justice momentarily appears in the sphere of empirical reality. An awareness of moments like this is the best antidote to the anti-semitic temptation often clearly detectable among critics of Israeli politics.

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