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The International Political Thought of Carl Schmitt: Terror, Liberal ...

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Partisan warfare, terrorism and a new nomos 103<br />

the United States, it is actually against all ‘infidels’, in particular those in<br />

Western societies, because this Islamist view considers all modernity, represented<br />

by the West, to be an attack against the faith <strong>of</strong> Islam. 6<br />

For the religious terrorist, violence is first and foremost a sacramental act or<br />

divine duty executed in direct response to some theological demand or imperative.<br />

Thus, religious terrorism is more theological than political, since its perpetrators<br />

are unconstrained by political, moral or practical constraints that may<br />

affect other terrorists. Like Che Guevara in his ‘Message to the Tricontinental’,<br />

religious terrorists are engaged in what they regard as a total war. <strong>The</strong>y seek to<br />

appeal to no other constituency than themselves. <strong>The</strong>ir goal is not war as usually<br />

understood, but annihilation <strong>of</strong> the foe. Thus:<br />

Annihilation <strong>of</strong> the foe, however, is the attempt (claim) to create ex nihilo<br />

[from nothing], to create a new world on the basis <strong>of</strong> a tabula rasa.<br />

Whoever wants to annihilate me is not my enemy, but my satanic pursuer.<br />

<strong>The</strong> question that I should ask in relation to him no longer can be answered<br />

politically, but only theologically. <strong>The</strong> most concrete type <strong>of</strong> dialectical<br />

theology comes about when the annihilator claims that he wants nothing<br />

more than to annihilate the annihilator.<br />

(<strong>Schmitt</strong> 1991: 190)<br />

While political terrorists tend to cloak themselves in the terminology <strong>of</strong> military<br />

jargon, and consciously portray themselves as bona fide fighters, if not soldiers,<br />

the most radical religious terrorists do not even demand to be treated as<br />

prisoners <strong>of</strong> war (POWs). And, I would strongly argue here, that they should not<br />

be, because terrorists are not soldiers. 7 This is as true for secular terrorists as for<br />

religious terrorists. In normal war, that is, in war as it has been fought during the<br />

European epoch <strong>of</strong> international law, there are rules and accepted norms <strong>of</strong><br />

behavior that prohibit the use <strong>of</strong> certain types <strong>of</strong> weapons, proscribe various<br />

tactics, and outlaw attacks on specific categories as targets. In theory, if not<br />

always in practice,<br />

the rules <strong>of</strong> war as codified in the Hague and Geneva conventions, not only<br />

grant civilian non-combatants immunity from attack, but also prohibit<br />

taking civilians as hostages, impose regulations governing the treatment <strong>of</strong><br />

POWs, outlaw reprisals against civilians or POWs, recognize neutral territory<br />

and the rights <strong>of</strong> citizens <strong>of</strong> neutral states.<br />

(H<strong>of</strong>fman 1998: 34)<br />

Fighters who do not wear uniforms, have no rank, do not display weapons<br />

openly, target civilians, and in some cases commit suicide in order to perpetrate<br />

mass murder have no status in any conventions <strong>of</strong> war. One <strong>of</strong> the fundamental<br />

principles, if one can call it that, <strong>of</strong> international terrorism is a refusal to be<br />

bound by rules <strong>of</strong> warfare and codes <strong>of</strong> conduct. 8 Even a cursory view <strong>of</strong> terrorist<br />

practices over the past few years demonstrates that they have violated all

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