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Giorgio Agamben

Beyond Human Rights

In 1943, Hannah Arendt published an fty years has lost none of its relevance.
article titled We Refugees in a small It is not only the case that the problem
English-language Jewish publication, presents itself inside and outside of
the Menorab journal. l At the end of this Europe with just as much urgency as
brief but signicant piece of writing, then. It is also the case that, given the
after having polemically sketched the by now unstoppable decline of the
portrait of Mr. Cohn, the assimilated nation-state and the general corrosion
Jew who, after having been 150 percent of traditional political-juridical catego-
German, 150 percent Viennese, 150 ries, the refugee is perhaps the only
percent French, must bitterly realize in thinkable gure for the people of our
the end that on ne parvient pas deux time and the only category in which
fois, she turns the condition of coun- one may see today at least until the
tryless refugee a condition she herself process of dissolution of the nation-
was living upside down in order to state and of its sovereignty has achieved
present it as the paradigm of a new his- full completion the forms and limits
torical consciousness. The refugees who of a coming political community. It
have lost all rights and who, however, is even possible that, if we want to be
no longer want to be assimilated at all equal to the absolutely new tasks ahead,
costs in a new national identity, but we will have to abandon decidedly,
want instead to contemplate lucidly without reservation, the fundamental
their condition, receive in exchange for concepts through which we have so far
assured unpopularity a priceless advan- represented the subjects of the politi-
tage: History is no longer a closed cal (Man, the Citizen and its rights, but
book to them and politics is no longer also the sovereign people, the worker,
the privilege of Gentiles. They know and so forth) and build our political
that the outlawing of the Jewish people philosophy anew starting from the one
of Europe has been followed closely and only gure of the refugee.
by the outlawing of most European
nations. Refugees driven from country The rst appearance of refugees as a
to country repre- 1. Hannah Arendt, We mass phenomenon took place at the
Refugees, Menorah
sent the vanguard Journal,
l no.1 (1943), 77. end of World War I, when the fall of
of their peoples.1 the Russian, Austro-Hungarian, and
One ought to reect on the Ottoman empires, along with the new
meaning of this analysis, which after order created by the peace treaties,

90 Open 2008/No. 15/Social Engineering


upset profoundly the demographic new Turkish and Soviet governments. It
and territorial constitution of Central is important to note how, starting with
Eastern Europe. In a short period, 1.5 World War I, many European states
million White Russians, seven hundred began to pass laws allowing the denatu-
thousand Armenians, ve hundred ralization and denationalization of their
thousand Bulgarians, a million own citizens: France was rst, in 1915,
Greeks, and hundreds of thousands of with regard to naturalized citizens of
Germans, Hungarians, and Romanians enemy origin; in 1922, Belgium fol-
left their countries. To these moving lowed this example by revoking the
masses, one needs to add the explosive naturalization of those citizens who had
situation determined by the fact that committed antinational acts during
about 30 percent of the population in the war; in 1926, the Italian Fascist
the new states created by the peace trea- a regime passed an analogous law with
ties on the model of the nation-state regard to citizens who had shown them-
(Yugoslavia and Czechoslovakia, for selves undeserving of Italian citizen-
example), was constituted by minorities ship; in 1933, it was Austrias turn; and
that had to be safeguarded by a series so on, until in 1935 the Nuremberg
of international treaties the so-called Laws divided German citizens into citi-
Minority Treaties which very often zens with full rights and citizens without
were not enforced. A few years later, the political rights. Such laws and the
racial laws in Germany and the civil war mass statelessness resulting from them
in Spain dispersed throughout Europe mark a decisive turn in the life of the
a new and important contingent of modern nation-state as well as its deni-
refugees. tive emancipation from naive notions of
We are used to distinguishing the citizen and a people.
between refugees and stateless people, This is not the place to retrace the
but this distinction was not then as history of the various international
simple as it may seem at rst glance, organizations through which single
nor is it even today. From the begin- states, the League of Nations, and later,
ning, many refugees, who were not the United Nations have tried to face
technically stateless, preferred to the refugee problem, from the Nansen
become such rather than return to Bureau for the Russian and Armenian
their country. (This was the case with refugees (1921) to the High Com-
the Polish and Romanian Jews who mission for Refugees from Germany
were in France or Germany at the end (1936) to the Intergovernmental
of the war, and today it is the case with Committee for Refugees (1938) to the
those who are politically persecuted or UNs International Refugee Organiza- a
for whom returning to their countries tion (1946) to the present Ofce of
would mean putting their own survival the High Commissioner for Refugees
at risk.) On the other hand, Russian, (1951), whose activity, according to
Armenian, and Hungarian refugees its statute, does not have a political
were promptly denationalized by the character but rather only a social and

Beyond Human Rights 91


humanitarian one. What is essential is being as such, Arendt tells us, proves
that each and every time refugees no to be untenable as soon as those who
longer represent individual cases but profess it nd themselves confronted
rather a mass phenomenon (as was the for the rst time with people who have
case between the two world wars and is really lost every quality and every spe-
now once again), these organizations as cic relation except for the pure fact
well as the single states all the solemn of being human.3 In the system of the
evocations of the inalienable rights of nation-state, so- 3. Ibid., 290-295.
human beings notwithstanding have called sacred and inalienable human
proved to be absolutely incapable not rights are revealed to be without any
only of solving the problem but also of protection precisely when it is no
facing it in an adequate manner. The longer possible to conceive of them as
whole question, therefore, was handed rights of the citizens of a state. This is
over to humanitarian organizations and implicit, after all, in the ambiguity of
to the police. the very title of the 1789 Dclaration des
droits de lhomme et du citoyen, in which it
The reasons for such impotence lie not is unclear whether the two terms are to
only in the selshness and blindness of name two distinct realities or whether
bureaucratic apparatuses, but also in they are to form, instead, a hendiadys
the very ambiguity of the fundamental in which the rst term is actually always
notions regulating the inscription of already contained in the second.
the nativee (that is, of life) in the juridi- That there is no autonomous space
cal order of the nation-state. Hannah in the political order of the nation-state
Arendt titled the chapter of her book for something like the pure human in
Imperialism
m that concerns the refugee itself is evident at the very least from
problem The Decline of the Nation- the fact that, even in the best of cases,
State and the End of the Rights of the status of refugee has always been
Man.2 One should try to take seriously considered a temporary condition that
this formulation, 2. Hannah Arendt, Imperi- ought to lead either to naturalization or
alism, Part II off The Origins
which indissolubly of Totalitarianismm (New to repatriation. A stable statute for the
links the fate of the York: Harcourt Brace, human in itself is inconceivable in the
1951), 266-298.
Rights of Man with law of the nation-state.
the fate of the modern nation-state in
such a way that the waning of the latter It is time to cease to look at all the dec-
necessarily implies the obsolescence of larations of rights from 1789 to the
the former. Here the paradox is that present day as proclamations of eternal
precisely the gure that should have metajuridical values aimed at binding
embodied human rights more than any the legislator to the respect of such
other namely, the refugee marked values; it is time, rather, to understand
instead the radical crisis of the concept. them according to their real function
The conception of human rights based in the modern state. Human rights, in
on the supposed existence of a human fact, represent rst of all the originary

92 Open 2008/No. 15/Social Engineering


gure for the inscription of natural sovereignty to crisis. Single exceptions
naked life in the political-juridical to such a principle, of course, have
order of the nation-state. Naked life always existed. What is new in our time
(the human being), which in antiquity is that growing sections of humankind
belonged to God and in the classical are no longer representable inside the
world was clearly distinct (as zoe) from nation-state and this novelty threat- t
political life (bios), comes to the fore- ens the very foundations of the latter.
front in the management of the state Inasmuch as the refugee, an appar- r
and becomes, so to speak, its earthly ently marginal gure, unhinges the
foundation. Nation-state means a state old trinity of state-nation-territory, it
that makes nativity or birth [nascita] deserves instead to be regarded as the
(that is, naked human life) the founda- a central gure of our political history.
tion of its own sovereignty. This is the We should not forget that the rst
meaning (and it is not even a hidden camps were built in Europe as spaces
one) of the rst three articles of the for controlling refugees, and that
1789 Declaration: it is only because the succession of internment camps-
this declaration inscribed (in articles concentration camps-extermination
1 and 2) the native element in the camps represents a perfectly real li-
heart of any political organization that ation. One of the few rules the Nazis
it can rmly bind (in article 3) the constantly obeyed throughout the
principle of sovereignty to the nation course of the nal solution was that
(in conformity with its etymon, native Jews and Gypsies could be sent to
[nato] originally meant simply birth extermination camps only after having
[nascita]. The ction that is implicit been fully denationalized (that is, after
here is that birthh [nascita] comes they had been stripped of even that
into being immediately as nation, so second-class citizenship to which they
that there may not be any difference had been relegated after the Nurem-
between the two moments. Rights, berg Laws). When their rights are no
in other words, are attributed to the longer the rights of the citizen, that is
human being only to the degree to when human beings are truly sacred, d in
which he or she is the immediately van- the sense that this term used to have in
ishing presupposition (and, in fact, the the Roman law of the archaic period:
presupposition that must never come to doomed to death.
light as such) of the citizen.
The concept of refugee must be reso-
If the refugee represents such a dis- lutely separated from the concept of
quieting element in the order of the human rights, and the right of
the nation-state, this is so primarily asylum (which in any case is by now
because, by breaking the identity in the process of being drastically
between the human and the citizen restricted in the legislation of the
and that between nativity and nation- European states) must no longer be
ality, it brings the originary ction of considered as the conceptual category

Beyond Human Rights 93


in which to inscribe the phenomenon demonstrate, through an increasing
of refugees. (One needs only to look desertion of the codied instances
at Agnes Hellers recent Theses on of political participation, an evident
the Right of Asylumm to realize that this propensity to turn into denizens, into
cannot but lead today to awkward con- noncitizen permanent residents, so
fusions.) The refugee should be con- that citizens and denizens at least
sidered for what it is, namely, nothing in certain social strata are entering
less than a limit-concept that at once an area of potential indistinction. In
brings a radical crisis to the principles a parallel way, xenophobic reactions
of the nation-state and clears the way and defensive mobilizations are on the
for a renewal of categories that can no rise, in conformity with the well-known
longer be delayed. principle according to which substan-
Meanwhile, in fact, the phenomenon tial assimilation in the presence of
of so-called illegal immigration into the formal differences exacerbates hatred
countries of the European Union has and intolerance.
reached (and shall increasingly reach
in the coming years, given the esti- Before extermination camps are reo-
mated twenty million immigrants from pened in Europe (something that is
Central European countries) charac- already starting to happen), it is nec-
teristics and proportions such that this essary that the nation-states nd the
reversal of perspective is fully justied. courage to question the very principle
What industrialized countries face of the inscription of nativity as well
today is a permanently resident mass of as the trinity of state-nation-territory
noncitizens that do not want to be and that is founded on that principle. It
cannot be either naturalized or repat- t is not easy to indicate right now the
riated. These noncitizens often have ways in which all this may concretely
nationalities of origin, but, inasmuch happen. One of the options taken into
as they prefer not to benet from their consideration for solving the problem
own states protection, they nd them- of Jerusalem is that it become simul-
selves, as refugees, in a condition of de taneously and without any territorial
facto statelessness. Tomas Hammar has partition the capital of two different
created the neologism of denizens for states. The paradoxical condition of
these noncitizen residents, a neologism reciprocal extraterritoriality (or, better
that has the merit of showing how the yet, aterritoriality) that would thus
concept of citizen is no longer ade- be implied could be generalized as a
quate for describing the social-political model of new international relations.
reality of modern states.4 On the other Instead of two national states separated
hand, the citizens 4.Tomas Hammar, Democ- by uncertain and threatening bounda- a
racy and the Nation State:
of advanced indus- Aliens, Denizens, and ries, it might be possible to imagine
trial states (in the Citizens in a World of Inter-
r two political communities existing on
national Migrationn (Brook k-
United States as eld, Vt.: Gower, 1990). the same region and in a condition of
well as Europe) exodus from each other communities

94 Open 2008/No. 15/Social Engineering


that would articulate each other via a ing to Hannah Arendts suggestion,
series of reciprocal extraterritorialities the vanguard of their people. But that
in which the guiding concept would no is so not necessarily or not merely in
longer be the iuss (right) of the citizen the sense that they might form the orig-
but rather the refugium m (refuge) of the inary nucleus of a future national state,
singular. In an analogous way, we could or in the sense that they might solve
conceive of Europe not as an impos- the Palestinian question in a way just as
sible Europe of the nations, whose insufcient as the way in which Israel
catastrophe one can already foresee in has solved the Jewish question. Rather,
the short run, but rather as an aterrito- the no-mans-land in which they are ref- f
rial or extraterritorial space in which ugees has already started from this very
all the (citizen and noncitizen) resi- moment to act back onto the territory
dents of the European states would be of the state of Israel by perforating it
in a position of exodus or refuge; the and altering it in such a way that
status of European would then mean the image of that snowy mountain has
the being-in-exodus of the citizen (a become more internal to it than any
condition that obviously could also be other region of Eretz Israel. Only in a
one of immobility). European space world in which the spaces of states have
would thus mark an irreducible differ- r been thus perforated and topologically
ence between birth [nascita] and nation deformed and in which the citizen has
in which the old concept of people been able to recognize the refugee that
(which, as is well known, is always a he or she is only in such a world is the
minority) could again nd a political political survival of humankind today
meaning, thus decidedly opposing itself thinkable.
to the concept of nation (which has so
far unduly usurped it). This English translation
of the original Italian text
This space would coincide neither (1993) was rst published
with any of the homogeneous national in: Giorgio Agamben,
Means without End. Notes
territories nor with their topographical on Politics in: Theory Out
of Bounds, Vol. 20 (Minne-
sum, but would rather act on them by apolis/London: University
articulating and perforating them topo- of Minnesota Press, 2000).

logicallyy as in the Klein bottle or in the


Mbius strip, where exterior and inte-
rior in-determine each other. In this
new space, European cities would redis-
cover their ancient vocation of cities of
the world by entering into a relation of
reciprocal extraterritoriality.
As I write this essay, 425 Palestin-
ians expelled by the state of Israel nd
themselves in a sort of no-mans-land.
These men certainly constitute, accord-

Beyond Human Rights 95