Changes

This concept of homo sacer allows us to understand the numerous calls to rethink the basic elements of contemporary notions of human dignity and freedom that have been put out since 11 September. Exemplary here is Jonathan Alter's Newsweek article 'Time to Think about Torture' (5 November 2001), with the ominous subheading: 'It's a new world, and survival may well require old techniques that seemed out of the question.' After flirting with the Israeli idea of legitimising physical and psychological torture in cases of extreme urgency (when we know a terrorist prisoner possesses information which may save hundreds of lives), and 'neutral' statements like 'Some torture clearly works,' it concludes:

The obscenity of such statements is blatant. First, why single out the WTC attack as justification? Have there not been more horrible crimes in other parts of the world in recent years? Secondly, what is new about this idea? The CIA has been instructing its Latin American and Third World military allies in the practice of torture for decades. Even the 'liberal' argument cited by Alan Dershowitz is suspect: 'I'm not in favour of torture, but if you're going to have it, it should damn well have court approval.' When, taking this line a step further, Dershowitz suggests that torture in the 'ticking clock' situation is not directed at the prisoner's rights as an accused person (the information obtained will not be used in the trial against him, and the torture itself would not formally count as punishment), the underlying premise is even more disturbing, implying as it does that one should be allowed to torture people not as part of a deserved punishment, but simply because they know something. Why not go further still and legalise the torture of prisoners of war who may have information which could save the lives of hundreds of our soldiers? If the choice is between Dershowitz's liberal 'honesty' and old-fashioned 'hypocrisy', we'd be better off sticking with 'hypocrisy'. I can well imagine that, in a particular situation, confronted with the proverbial 'prisoner who knows', whose words can save thousands, I might decide in favour of torture; however, even (or, rather, precisely) in a case such as this, it is absolutely crucial that one does not elevate this desperate choice into a universal principle: given the unavoidable and brutal urgency of the moment, one should simply do it. Only in this way, in the very prohibition against elevating what we have done into a universal principle, do we retain a sense of guilt, an awareness of the inadmissibility of what we have done.

An epochal event took place in Israel in January and February: hundreds of reservists refused to serve in the Occupied Territories. These refuseniks are not simply 'pacifists': in their public proclamations, they are at pains to emphasise that they have done their duty in fighting for Israel in the wars against the Arab states, in which some of them were highly decorated. What they claim is that they cannot accept to fight 'in order to dominate, expel, starve and humiliate an entire people'. Their claims are documented by detailed descriptions of atrocities committed by the Israel Defence Forces, from the killing of children to the destruction of Palestinian property. Here is how an IDF sergeant, Gil Nemesh, reports on the 'nightmare reality in the territories' at the protesters' website (www.seruv.org.il):

Palestinians, and even Israeli Arabs (officially full citizens of Israel), are discriminated against in the allocation of water, in the ownership of land and countless other aspects of daily life. More important is the systematic micro-politics of psychological humiliation: Palestinians are treated, essentially, as evil children who have to be brought back to an honest life by stern discipline and punishment. Arafat, holed up and isolated in three rooms in his Ramallah compound, was requested to stop the terror as if he had full power over all Palestinians. There is a pragmatic paradox in the Israeli treatment of the Palestinian Authority (attacking it militarily, while at the same time requiring it to crack down on the terrorists in its own midst) by which the explicit message (the injunction to stop the terror) is subverted by the very mode of delivery of that message. Would it not be more honest to say that what is untenable about the Palestinian situation is that the PA is being asked by the Israelis to 'resist us, so that we can crush you'? In other words, what if the true aim of the present Israeli intrusion into Palestinian territory is not to prevent future terrorist attacks, but effectively to rule out any peaceful solution for the foreseeable " future?

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.

==Source==

* [[Are We in a War? Do We Have an Enemy?]]. ''London Review of Books''. Vulme 24. Number 10. May 23, 2005. <http://www.lrb.co.uk/v24/n10/zize01_.html>.