American government Quote by Tzvetan Todorov
““For the same reason , the American government has invented a completely new juridical category , that of 'illegal enemy combatants'. In general, the perpetrators of violence against the population clearly fall into two groups which, once they have been arrested, come under different jurisdictions, but still possess certain rights. In times of peace, they are criminals, protected in every state of law by habeas corpus, defended by lawyers, and judged in accord with the law. In times of war, they are enemy soldiers who, if captured, must be treated in accord with international Conventions. In what category are we to classify the terrorist of Al-Qaeda? Since they do not belong to the regular of a country that has signed the conventions of Geneva, they cannot claim the protection of those conventions. So do they fall under ordinary legislation? It is here that the formula' war on terror' shows how useful it is: since there is a 'war' going on, the laws of peacetime do not apply; but since this war is not being waged on anther country, international conventions do not come into it either! And since this 'war' can never end, the government that declares it is placing itself for an indefinite period above national laws, as well as above international norms.””
About This Quote
The passage critiques the creation of the 'illegal enemy combatant' category, arguing it sidesteps both domestic legal protections and international war conventions, allowing indefinite governmental authority beyond legal constraints.
In simple terms: Legal loophole for terrorism
War on terror erodes rule of law
Themes
Mood
Type
When to use this quote
- detaining suspected terrorists
- post‑9/11 policy debates
- court challenges to detention
- legislative drafting
Key Concepts
Practical Applications
- human‑rights advocacy
- policy reform proposals
Questions to Reflect On
- How does labeling affect legal rights?
- What safeguards could prevent abuse?
Some argue that extraordinary threats justify temporary suspension of certain legal norms to protect national security.