Islands of Sovereignty

When so many eyes are on the plight of refugees and asylum-seekers making the ever dangerous crossing of the Mediterranean, it’s important to attend to the wider geographies of marine migration and its policing.  So I really welcome news from Jeff Kahn of an intriguing and important new book, his Islands of Sovereignty: Haitian Migration and the Borders of Empire (forthcoming from Chicago later this year).

In Islands of Sovereignty, anthropologist and legal scholar Jeffrey S. Kahn offers a new interpretation of the transformation of US borders during the late twentieth century and its implications for our understanding of the nation-state as a legal and political form. Kahn takes us on a voyage into the immigration tribunals of South Florida, the Coast Guard vessels patrolling the northern Caribbean, and the camps of Guantánamo Bay—once the world’s largest US-operated migrant detention facility—to explore how litigation concerning the fate of Haitian asylum seekers gave birth to a novel paradigm of offshore oceanic migration policing. Combining ethnography—in Haiti, at Guantánamo, and alongside US migration patrols in the Caribbean—with in-depth archival research, Kahn expounds a nuanced theory of liberal empire’s dynamic tensions and its racialized geographies of securitization. An innovative historical anthropology of the modern legal imagination, Islands of Sovereignty forces us to reconsider the significance of the rise of the current US immigration border and its relation to broader shifts in the legal infrastructure of contemporary nation-states across the globe.

My own early work on Guantanamo [in ‘The Black Flag’: DOWNLOADS tab] nibbled at the remote edges of some of these issues, but Jeff makes them front and centre (as they should be), and the wider resonance of his argument in the face of  Trump’s wretched views on  immigration needs no gloss from me [though what Trump will do when someone tells him the US has maritime borders too is anyone’s guess].

Here is Jeff’s elaboration (taken from the book):

One of the overarching arguments of the book is that one must understand the valorization of law’s reign and the simultaneous desire for its evasion as two forces that have produced a potential dynamism within liberal sovereignty. That dynamism, having been activated through the historical conjuncture of Haitian migration, has reconfigured the spatiality of one of modernity’s core political forms–the nation-state itself. The goal is not to identify and typologize illiberal accretions on liberal political forms (R. Smith 1997) or to reveal the centrality of empire to American republicanism (Rana 2010) but to examine how the dialectics of the liberal rule of law continue to produce new geographies into the present. In this sense, the book is not just a dissection of liberal cosmology but a revelation of a liberal cosmogony of a kind by which state forms have been partially recreated as valued entities, both aesthetic and instrumental.

[Haitian] Interdiction [operations] emerged initially as a search for spaces of flexible bureaucratic intervention unburdened by the dense layers of proceduralism iconic of law’s rule. But what accounted for this urgent turn to the relative freedom of the seas? When Haitians began arriving in South Florida in the early 1970s, they encountered what was then an embryonic asylum-processing regime that granted the INS frontline screeners and district directors nearly unreviewable discretion to dispose of Haitian claims, which were, in almost every instance, denied as being merely “economic” in nature. The litigation and political organizing that emerged out of these early cases developed into a coalition of Haitian exiles, leftist activists, mainstream religious networks, and tenacious civil rights attorneys who would, through an unprecedented process of what I call “siege litigation” (chapter 2), effectively shut down the INS’s capacity to expel Haitians from South Florida for the better part of a decade. A space-producing dynamic would soon emerge around an energetic polarity of opposing litigation camps, each focused in different ways on the dilemma of what in government circles had already by that time become known as “the Haitian problem.” This book examines the ways new geographies were fashioned in these contests and what such space-making processes can reveal about existing cosmologies of law’s rule, including their shifting aesthetic and moral geographies.

You can get a taste of Jeff’s arguments about those legal geographies in his brilliant essay,  ‘Geographies of discretion and the jurisdictional imagination. PoLAR: Political and Legal Anthropology Review 40 (1)  (2017) 5-27.

The modernist ideal of liberal constitutionalism affords jurisdiction a special place as the organizing principle behind the distribution of official state power. Nonetheless, little attention has been paid to the intricate spatial infrastructures that give jurisdiction its form.  In this article, I argue that the complex architectures that undergird various jurisdictional registers combine to segment material and virtual landscapes into historically specific, multilayered geographies of discretion, dictating where, when, and to whom various institutions are permitted to speak the law. Looking to politicized litigation and advocacy over the rights of Haitian asylum seekers in the United States, I demonstrate how battles over jurisdictional cartographies can both instantiate and remake the spatiality of nation-states and the cosmologies of liberal sovereignty on which they rest.

 

Here’s the main Contents list for the book:

1 • The Political and the Economic
2 • Border Laboratories
3 • Contagion and the Sovereign Body
4 • Screening’s Architecture
5 • The Jurisdictional Imagination
6 • Interdiction Adrift

And, as I’ve noted before, since this comes from an American scholarly press the price of the paperback and e-book is eminently reasonable.  Commercial behemoths (oh, please let them soon become mammoths) take note!

Project(ion)s

Happy New Year!  With this, as with so much else, I’m late – but the greeting is none the less sincere, and I’m grateful for your continued interest and engagement with my work.

I’ve resolved to return to my usual pace of blogging in 2019; it slowed over the last several months, not least because I’ve been deep in the digital archives (apart from my merciless incarceration in Marking Hell and my release for Christmas).

My plan is to finish two major essays in the next couple of months, one on “Woundscapes of the Western Front” and the other the long-form version of my Antipode Lecture on “Trauma Geographies” (see also here). Both have involved close readings of multiple personal accounts of the journeys made (or not made) by the wounded, and the first essay informs the second, as you can see here.

I also want to bring together my research on attacks on hospitals, casualty clearing stations and aid posts during the First World War in a third essay – I’ve been talking with the ICRC about this one.  Paige Patchin managed to track down a series of files on the Etaples bombings in the National Archives for me, including an astonishing map plotting the paths of the enemy aircraft and the locations of the bombs: I’ll share that once I’ve managed to stitch together the multiple sheets.  But I’ve widened the analysis beyond the attacks on base hospitals on the coast, to include other attacks – notably the bombing of the hospital at Vadelaincourt near Verdun – and a more general discussion of the protections afforded by the Red Cross flag and the Hague Conventions.

This will in turn thread its way into a fourth essay providing a more comprehensive view on violations of what I’ve called ‘the exception to the exception’: the disregard for the provisions of International Humanitarian Law evident in the attacks on hospitals and clinics in Afghanistan, Gaza, Syria and elsewhere, in short “The Death of the Clinic“.

That project interlocks with my developing critique of Giorgio Agamben‘s treatment of the “space of exception”.  In brief:

  • I think it’s a mistake to treat the space of the camp as closed (there is a profoundly important dispersal to the space of exception, evident in the case of Auschwitz that forms the heart of Agamben’s discussions – I’m thinking of the insidious restrictions on the movement of Jews in occupied Europe, the round-ups in Paris and other cities (see my lecture on Occupied Paris under the TEACHING tab), and the wretched train journeys across Europe to Poland – and this matters because if we don’t recognise the signs of exception at the peripheries they will inexorably be condensed inside the enclosure of the camp).
  • It’s also unduly limiting to restrict the space of exception to the camp, because the war zone is also one in which people are knowingly and deliberately exposed to death through the removal of legal protocols that would otherwise have offered them protection (and here too what Frédéric Mégret calls ‘the deconstruction of the battlefield‘ emphasises the complex topology of the exception).  I’ve written about this in relation to the Federally Administered Tribal Areas of Pakistan (see “Dirty Dancing” under the DOWNLOADS tab) and the conduct of siege warfare in Syria (multiple posts, listed under the GUIDE tab), but it’s a general argument that I need to develop further).

  • In neither case – camp or war zone – is there an absence of law; on the contrary, these spaces typically entail complex legal geographies, at once national and – never discussed by Agamben – international (though part of my argument addresses the highly selective enforcement of international humanitarian law and the comprehensive contemporary assault on its provisions by Russia and Syria and by the United States, Israel and the UK, amongst others).

  • In both cases, too, the space of exception is profoundly racialised (I’ve written about that in relation to the bombing of Japan in World War II and the contemporary degradations inflicted on prisoners at Abu Ghraib and Guantanamo  – you can find the relevant essays under the DOWNLOADS tab – but I’ve found Alexander WeheliyeHabeas Viscus: Racializing Assemblages, Biopolitics, and Black Feminist Theories of the Human immensely helpful in deepening and generalising the argument).

I’ll be developing these arguments in my KISS Lecture at Canterbury in March, which ought to form the basis for a fifth essay (and it’s also high time I revisited what I said in “The everywhere war”!).

More on those projects soon, all of which will feed in to two new books (once I’ve decided on a publisher – and a publisher has decided on me), but in the interim I’ll be sharing some of the drafts and jottings I’ve prepared en route to the finished essays.

So lots to keep my busy, and I hope you’ll continue to watch this space – and, as always, I welcome comments and suggestions.

Counterinsurgency and the counterrevolution

Another interesting interview tied to a book, this time between Jeremy Scahill and Bernard Harcourt, over at The Intercept.  A central argument of Bernard’s book, The Counterrevolution: how our government went to war against its own citizens,is that contemporary politics is based on – in fact, realizes – a counterinsurgency warfare model.  He explains it like this:

… all of the [ways] in which we govern abroad and at home is now funneled through a particular way of thinking about the world. It’s a mentality. It’s a way of thinking about society that triggers particular kinds of strategies and politics that result from that. And the way of thinking about society is this counterinsurgency paradigm of warfare.

So, counterinsurgency started in the 1950s – well, it started long before then, but it kind of crystallized with Western powers in the 1950s and 60s in Algeria, and Indochina before then, and in Vietnam for the Americans. And it was a particular way of thinking about society, the way society is structured into three groups. With, on the one hand, a small active minority who are the insurgents, and a large passive majority who can be swayed one way or the other, and then a small minority of counterinsurgents.

And that way of thinking has become internalized, second hand. Most, I would say, many in America, but certainly our political leaders are looking at the world through that lens when they look at other countries when they look domestically at their own population, and as a result of that it triggers particular kinds of counterinsurgency practices, really. And three practices particularly that I think when you look at what we’re doing both abroad and at home, you see resonances of them everywhere. The first is the idea of getting total information awareness. That’s always been the key linchpin of counterinsurgency theory, is to get total information on the total population.

And that’s what distinguishes it from just getting good intelligence. It’s that you have to get total intelligence on the total population, not just targeted to people who you suspect, but on the total population. So that you can make a distinction between or you can identify that small group of active insurgents. And you need the information on everyone so that you can make that separation, those fine distinctions between someone who is in that active minority or someone who’s just [in the] you know, passive masses. So that’s the first strategy. The second strategy is then that you have to rid of the active minority that you identified, just that small group of individuals, the insurgents, and you do that through any means possible. And then the third strategy is to win the hearts and minds of the masses, basically.

And I think that starting after 9/11. We saw that way of thinking become the dominant way of governing abroad particularly with the war in Iraq, but then more generally with the use of drones outside of war zones et cetera, use of total information through the NSA in the way in which everything was captured about everyone to the most minor detail. And then also trying to pacify the masses in Iraq through kind of some provision of services or just distribution of cash. But then eventually, when this way of thinking comes back to the United States through different forms of pacification of the masses. Particularly right now, I would say through forms of distraction, really.

The interview loops through a number of arguments that will be familiar to regular readers – about Guantanamo Bay, the carceral archipelago and torture; about the ‘cultural turn’ and counterinsurgency; about drones and targeting killing; and about international humanitarian law, international human rights law and the ‘individuation’ modality of later modern war – but repatriates them from the global borderlands to the United States.

Kill Boxes

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As 2016 lurches towards its end, I’ve received notice of a number of books that once I would have hoped would be of purely historical interest.  No longer.  So we’ll start with Elisabeth Weber‘s Kill-boxes: facing the legacy of US-sponsored torture, indefinite detention and drone warfare coming soon from Punctum Books:

Kill Boxes addresses the legacy of US-sponsored torture, indefinite detention, and drone warfare by deciphering the shocks of recognition that humanistic and artistic responses to violence bring to consciousness if readers and viewers have eyes to face them.

Beginning with an analysis of the ways in which the hooded man from Abu Ghraib became iconic, subsequent chapters take up less culturally visible scenes of massive violations of human rights to bring us face to face with these shocks and the forms of recognition that they enable and disavow. We are addressed in the photo of the hooded man, all the more so as he was brutally prevented, in our name, from returning the camera’s and thus our gaze. We are addressed in the screams that turn a person, tortured in our name, into howling flesh. We are addressed in poems written in the Guantánamo Prison camp, however much American authorities try to censor them, in our name. We are addressed by the victims of the US drone wars, however little American citizens may have heard the names of the places obliterated by the bombs for which their taxes pay. And we know that we are addressed in spite of a number of strategies of brutal refusal of heeding those calls.

Providing intensive readings of philosophical texts by Jean Améry, Jacques Derrida, and Christian Thomasius, with poetic texts by Franz Kafka, Paul Muldoon, and the poet-detainees of Guantánamo Bay Prison Camp, and with artistic creations by Sallah Edine Sallat, the American artist collective Forkscrew and an international artist collective from Pakistan, France and the US, Kill Boxes demonstrates the complexity of humanistic responses to crimes committed in the name of national security. The conscious or unconscious knowledge that we are addressed by the victims of these crimes is a critical factor in discussions on torture, on indefinite detention without trial, as practiced in Guantánamo, and in debates on the strategies to circumvent the latter altogether, as practiced in drone warfare and its extrajudicial assassination program.

The volume concludes with an Afterword by Richard Falk.

You can read the Introduction here.

Hidden in plane sight

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Just out: Negative Publicity: artefacts of extraordinary rendition by Edmund Clark and Crofton Black, with an essay by Eyal Weizman:

British photographer Edmund Clark and counterterrorism investigator Crofton Black have assembled photographs and documents that confront the nature of contemporary warfare and the invisible mechanisms of state control. From George W. Bush’s 2001 declaration of the “war on terror” until 2008, an unknown number of people disappeared into a network of secret prisons organized by the U.S. Central Intelligence Agency—transfers without legal process known as extraordinary renditions. No public records were kept as detainees were shuttled all over the globe. Some were eventually sent to Guantánamo Bay or released without charge, while others remain unaccounted for.

The paper trail assembled in this volume shows these activities via the weak points of business accountability: invoices, documents of incorporation, and billing reconciliations produced by the small-town American businesses enlisted in detainee transportation. Clark has traveled worldwide to photograph former detention sites, detainees’ homes, and government locations. He and Black recreate the network that links CIA “black sites,” and evoke ideas of opacity, surface, and testimony in relation to this process—a system hidden in plain sight. Negative Publicity: Artefacts of Extraordinary Rendition, copublished with the Magnum Foundation, its creation supported by Magnum Foundation’s Emergency Fund, raises fundamental questions about the accountability and complicity of our governments, and the erosion of our most basic civil rights.

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Here is how the always absorbing We make money not art describes the project:

Photographer Edmund Clark spent 4 years spent hunting for sites of extraordinary rendition and photographing any location associated with the programme. None of the photo printed in the book shows any clear evidence of torture, kidnapping or any other human right abuse. There is nothing spectacular to witness here, just mundane places such as the entrance to a Libyan intelligence service detention facility, the corridors connecting cells to interrogation rooms, anonymous streets or the bedroom of the son of a man formerly imprisoned in a CIA black site. Clark calls the making of these photographs “an act of testimony.”

However, the images start to bear a chilling significance when coupled with the paper trail and extracts of interview patiently compiled by Crofton Black, an investigative journalist whose research focuses on extraordinary rendition and black site cases. Over the course of his inquiry, Black has amassed incriminating documents that range from satellite maps to landing records, from border guard patrol logs to testimonies of people tortured in CIA ‘black sites’, from invoices to CIA documents released after freedom of information act litigation by the American Civil Liberties Union. He managed to give them meaning by organizing them into engrossing episodes that give a glimpse of the building and unraveling of the extraordinary rendition network.

And VICE has an interview with the authors here.  Here is their description of the origins of the project:

Edmund Clark: In 2011, while I was working on a body of work on Guantanamo Bay, I was in contact with Clive Stafford Smith at Reprieve and found out that they were doing work on extraordinary rendition. I met Crofton and discovered that was what he was also researching. I became interested in doing something on extraordinary rendition as a progression of my work on Guantanamo Bay.
Crofton Black: When he first came to me I’d been out in Lithuania, looking at this weird site—a warehouse that had been built in the woods in the middle of nowhere, on the site of a former riding school. I was building a court case around it, so when [Clark] got in touch I said, ‘Oh, you should go to Lithuania and take some photos of this strange, peculiar place.’ Which he did. After that we started formulating a more complex and ambitious scheme of trying to document the black-site network through documents, images, and prose. We spent a long time working out how to fit it all together.

Former CIA Black Site, Lithuania

Former CIA Black Site, Lithuania

Crofton explains why he was drawn to the visual:

I was aware that I had all this material, that there were remarkable stories and images and documents that were bizarre, and spoke beyond what was immediately visible in them. I knew I wanted to do something with it that was less dry than legal cases, which are quite dull. There was an opportunity to do something that spoke to a different, and bigger, audience.

And they both emphasise the banality of bureaucracy in the service of violence (an argument that resonates with what – in relation to targeting for nuclear war – Henry Nash called ‘the bureaucratization of homicide’, which I discuss here):

Black: Obviously, post-Hannah Arendt, “the banality of evil” has become a standardized phrase. For me, one of the places you see it most strongly is in bureaucracy: in these documents, in the way they are written, the way certain forms of interrogation are described, or flight routes are detailed. I wanted to make that point. None of these things would be possible without a complex bureaucratic system enabling them. In theory, the idea of a bureaucracy is that everything has its place and gets done by the right person. But in practice it often means that no one is responsible for anything. And that’s what we found in Eastern Europe—no one was responsible. There’s no one in Poland or Lithuania who is responsible for any of this stuff!
Clark: That’s something we wanted to bring out: the ordinariness, the banality of it all. When she spoke of the banality of evil, Hannah Arendt was talking about the bureaucracy of National Socialism. Here, we are talking about a mosaic of small companies—small to medium enterprises—earning a buck.

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Note the glorious correction above.

And one final comment about the geography of this sprawling bureaucracy which explains why my title is not a mis-spelling:

Black: Most of the paperwork in the book is from other entities or other countries [than the US]. If they wanted to have an entirely secret prison system, they shouldn’t have invented one that involved flying prisoners all over the world. You simply can’t fly a plane from A to B without leaving a gigantic paper trail. You just can’t, otherwise planes would be bumping into each other. They could have just held their 119 prisoners in Afghanistan and we would probably have found it an awful lot more difficult to find out about it. But the peculiarities of how they wanted—or, at times, were forced to—use different locations… that made it detectable.

All of this, of course, parallels Trevor Paglen‘s work in interesting and complementary ways: see my post here, which connects Trevor’s project to Crofton’s work on ‘the boom and bust of the CIA’s torture sites‘ and his involvement in the Rendition Project.

Redacted

Uruzgan Intel

Much of my work on                has had to    with documents that have been heavily          like this – not only text but as you can see also       .

There’s a     discussion of          by             over at               here.  For further discussion, I’d recommend            ‘s ‘Beyond the           ‘ available here (if you’re      ).

More tortured geographies

Route Map 2

There have been several attempts to reconstruct the geography of the CIA’s program of extraordinary rendition. I’ve long admired the work of my good friend Trevor Paglen, described in his book with A.C. ThompsonTorture Taxi: on the trail of the CIA’s rendition flights, available in interactive map form through Trevor’s collaboration with the Institute for Applied Autonomy as Terminal Air. (I’ve commented on the project before, here and especially here).

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And you can only applaud Trevor’s chutzpah is displaying the results of his work on a public billboard:

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The project, which involved the painstaking analysis of countless flight records and endless exchanges with the geeks who track aircraft as a hobby, triggered an installation in which the CIA was reconfigured as a ‘travel agency‘:

Terminal Air travel agency

At the time (2007), Rhizome – which co-sponsored the project – explained:

Terminal Air is an installation that examines the mechanics of extraordinary rendition, a current practice of the United States Central Intelligence Agency (CIA) in which suspected terrorists detained in Western countries are transported to so-called “black sites” for interrogation and torture. Based on extensive research, the installation imagines the CIA office through which the program is administered as a sort of travel agency coordinating complex networks of private contractors, leased equipment, and shell companies. Wall-mounted displays track the movements of aircraft involved in extraordinary rendition, while promotional posters identify the private contractors that supply equipment and personnel. Booking agents’ desks feature computers offering interactive animations that enable visitors to monitor air traffic and airport data from around the world, while office telephones provide real-time updates as new flight plans are registered with international aviation authorities. Seemingly-discarded receipts, notes attached to computer monitors, and other ephemera provide additional detail including names of detainees and suspected CIA agents, dates of known renditions, and images of rendition aircraft. Terminal Air was inspired through conversations with researcher and author Trevor Paglen (Torture Taxi: On the Trail of the CIA’s Rendition Flights – Melville House Publishing). Data on the movements of the planes was compiled by Paglen, author Stephen Grey (Ghost Plane: The True Story of the CIA Torture Program – St. Martin’s Press) and an anonymous army of plane-spotting enthusiasts.

There’s a short video documenting the project on Vimeo here and embedded below (though strangely Trevor isn’t mentioned and doesn’t appear in it):

Although Trevor subsequently explained why he tried to ‘stay away from cartography and “mapping” as much as possible’ in his work, preferring instead the ‘view from the ground’, the cartography of all of this matters in so many ways – from the covert complicity of many governments around the world in a global geopolitics of torture through to the toll exerted on the bodies and minds of prisoners as they were endlessly shuffled in hoods and chains over long distances from one black site to another.

And now, thanks to the equally admirable work of the Bureau of Investigative Journalism, it’s possible to take the analysis even further.  Here is Crofton Black and Sam Raphael introducing their project, ‘The boom and bust of the CIA’s secret torture sites‘:

In spring 2003 an unnamed official at CIA headquarters in Langley sat down to compose a memo. It was 18 months after George W Bush had declared war on terror. “We cannot have enough blacksite hosts,” the official wrote. The reference was to one of the most closely guarded secrets of that war – the countries that had agreed to host the CIA’s covert prison sites.

Between 2002 and 2008, at least 119 people disappeared into a worldwide detention network run by the CIA and facilitated by its foreign partners.

Lawyers, journalists and human rights organisations spent the next decade trying to figure out whom the CIA had snatched and where it had put them. A mammoth investigation by the US Senate’s intelligence committee finally named 119 of the prisoners in December 2014. It also offered new insights into how the black site network functioned – and gruesome, graphic accounts of abuses perpetrated within it.

Many of those 119 had never been named before.

The report’s 500-page summary, which contained the CIA official’s 2003 remarks, was only published after months of argument between the Senate committee, the CIA and the White House. It was heavily censored, while the full 6,000-page study it was based on remains secret. All names of countries collaborating with the CIA in its detention and interrogation operations were removed, along with key dates, numbers, names and much other material.

In nine months of research, the Bureau of Investigative Journalism and The Rendition Project have unpicked these redactions to piece together the hidden history of the CIA’s secret sites. This account unveils many of the censored passages in the report summary, drawing on public data sources such as flight records, aviation contracts, court cases, prisoner testimonies, declassified government documents and media and NGO reporting.

Although many published accounts of individual journeys through the black site network exist, this is the first comprehensive portrayal of the system’s inner dynamics from beginning to end.

CIA black sites (BOIJ:REndition Project)

At present the mapping is rudimentary (see the screenshot above), but the database matching prisoners to black sites means that it ought to be possible to construct a more fine-grained representation of the cascade of individual movements.  The Rendition Project has already identified more than 40 rendition circuits involving more than 60 renditions of CIA prisoners: see here and the interactive maps here.