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2 years ago

EXCEPTION.]

Al-kassimi_Khaled_201512_MA

actors in conflict are

actors in conflict are citizen-soldiers or nonstate actors such as privateers, mercenaries, or pirates. This discovery will consequently allow the reader to establish whether the destabilization of the Westphalian model characterizes the period in question and whether the period in question is categorized as war or civil war. The definition of state of exception I develop in this research paper goes beyond Carl Schmitt’s 8 traditional conception of the state of exception which he proposed after World War One. Firstly, the current state of exception characterizing the international system which I label as a maximum state of exception, blurs the line between legality and factuality because traditionally it was seen as a given that the sovereign state will always prioritize monopolizing violence and will only authorize citizen-soldiers to eliminate the state of exception. Furthermore, the state of exception adopted in this paper is perceived as an indefinite trait of the international system, contrary to Carl Schmitt’s definition which perceives the state of exception as a temporary matter. Consequently, because Schmitt’s definition is no longer viable to explain the current state of exception the international system is witnessing, the state of exception I take up includes two extremes, maximum and minimum. Both extremes will be explained in three historical periods that witnessed a Revolution in Military Affairs (RMA) which then modified the state’s military defense strategy by reconfiguring the main actors involved in the field of battle – whether to primarily use nonstate actors such as privateers, mercenaries, pirates, terrorist networks (maximum state of exception) or citizen-soldiers (minimum state of exception). 8 Carl Schmitt, Political theology: four chapters on the concept of sovereignty (Cambridge, Mass: MIT Press, 1985),5 5

The first period of maximum state of exception I discuss lasted until the end of the 19 th century, and the second period of maximum state of exception I discuss reconstituted itself in the international system at the high-point of the cold war in 1989 Afghanistan, and currently persists because of the initiation of the Global War On Terror in 2001. The research will highlight the similarity between both periods by alluding to large numbers of nonstate actors being authorized by the state to conduct violence. Also, both periods lack the state having control and monopoly on the decision making process of authorizing violence but rather allows the privatization of war by endowing mercantile companies, charity organisations, or financial aid organization with power that was traditionally reserved to the state. This privatization allows the governing power to sanction plausible deniability or the ability to deny knowledge of or responsibility for any damnable actions committed by nonstate actors. I accentuate that the transition from a maximum to a minimum state of exception occurs because of unintended consequences that arise in the international system because the state loses control and becomes under attack by nonstate actors it had initially legitimated and authorized to conduct violence. I underline that the period of minimum state of exception commenced in the 19 th century when leaders stopped authorizing nonstate actors to conduct violence but utilized primarily and exclusively citizen-soldiers. Furthermore, I identify a period of minimum state of exception to be similar to Carl Schmitt’s traditional conception of a state of exception in that it is temporary and conforms to the Westphalian model since the sovereign state prioritizes having monopoly on the authority to initiate violence using exclusively citizen-soldiers. The sovereign state during a period of minimum state of exception in contrast to a period of maximum state of exception is held accountable for resources being diverted to nonstate actors because they are seen as exacerbating unintended consequences which threaten the stability of the nation-state. 6

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