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Posts Tagged ‘warfare’

Boston Marathon Bombings by Philippe Theophanidis

In government, human rights, law, media, news, North America, politics, war on April 27, 2013 at 19:52

From: Boston Marathon Bombings: the Emergency Declaration as a State of Exception by Philippe Theophanidis, Aphelis, http://aphelis.net

NGUYEN_2013_Boston_manhunt-620x826Up until recently (First World War), warfare had traditionally made a clear distinction between civilian and military targets. The bombings in Boston is yet another striking reminder that things have since drastically changed. The front lines that need to be protected have moved within the most intimate spaces of the civilian sphere. The war zone extend all the way into private living rooms and backyards.

Such an inversion (further) blurs the traditional distinction between what is public and what is private. Indeed, when the front lawn of private homes becomes a theatre for military-like operations in a democratic country, two issues arise. First, the extent of a government’s authority into the intimacy of private lives become spectacularly visible. The fact that such an intervention is conducted for the population’s “own good”, as it was repeatedly argued in the past few days, does not invalidate the relevance of this observation. Second, it raises some questions regarding the democratic principle of the separation of powers.

Which brings the question of the Emergency Declaration that was signed by President Barack Obama for the state of Massachusetts on April 17, 2013. At the time of writing, there doesn’t seem to be much information available online about this presidential declaration. Mainstream media have been very generous in providing the public with various informations regarding the events, including extensive coverage about the lifting of the Miranda rule for the captured suspect in the name of a “public safety exception”. However, informed analysis about the legal aspects surrounding an Emergency Declaration are scarce. A couple of informative points relative to the exceptional character of the authorities’s response are worth highlighting.

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Reposted with permission from: Philippe Theophanidis

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