Short Synopsis

The ability to provide an alternative view to the application of US foreign and security policy during the post 911 environment coincides with not only the adherence towards the notions and aspect of war but sought to redefine it in accordance to the needs of the time. The article examines the conditions why the American response towards the war on terror was exceptional and how the necessary conditions were set to allow a new way for determining the definition and implementation of war.

Using the principle of exception by Carl Schmitts, the analysis of the US foreign policy during the post 911 showcased a new purpose particularly for the Bush administration to use such incident as a benchmark to set a new norm towards the way such conflict is fought. In particular, the use and application of new principle surrounding the treatment of detainees and their fundamental rights during times of war were redefined by the US in order to limit the control brought upon by its obligations to the Geneva Convention.

Such capacity then illustrates how the American application of its foreign policy remains to be linear and coincides with the application of the conventions brought about by its legal and moral principles. Given this analogy, it placed great emphasis in the value of how being a failed state serves as a justification for threat and possible course towards military response or war.

However, the article also conveys an alternative point critiquing the argument of Schmitt. In particular, it highlights how liberal precepts have allowed the capacity to induce an alternative view towards what is happening. In particular, it cites the ruling of the Supreme Court over the relevance of maintaining the norms and direction of US policy prior to 911.  This capacity to exercise such decisions remains worrying because it would now showcase how a particular liberal institution can promote and establish control outside its own territory. This then becomes an important source of debate in determining the role of Americans in seeking out the application of international justice and adherence to its own values and principles for such.

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