First Gaza, then the world: The global danger of Israeli exceptionalism |
While many nations occasionally resort to a “state of exception” to deal with temporary crises, Israel exists in a permanent state of exception. This Israeli exceptionalism is the very essence of the instability that plagues the Middle East.
The concept of the state of exception dates back to the Roman justitium, a legal mechanism for suspending law during times of civil unrest. However, the modern understanding was shaped by the German jurist Carl Schmitt, who famously wrote that the “sovereign is he who decides on the exception.” While Schmitt’s own history as a jurist for the Third Reich serves as a chilling reminder of where such theories can lead, his work provides an undeniably accurate anatomy of raw power: it reveals how a ruler who institutes laws also holds the power to dismiss them, under the pretext that no constitution can foresee every possible crisis.
It is often argued that Israel, a self-described democracy, still lacks a formal constitution because such a document would force it to define its borders—a problematic prospect for a settler-colonial regime with an insatiable appetite for expansion.
But there is another explanation: by operating on “Basic Laws” rather than a constitution, Israel avoids a comprehensive legal system that would align it with the globally accepted foundations of international law. Without a constitution, Israel exists in a legal vacuum where the “exception” is the rule. In this space, racial laws, territorial expansion, and even genocide are permitted so long as they fit the state’s immediate agenda.
Isolating specific examples to illustrate this point is a daunting task,........