Proceedings of the 13th International Academic Conference, Antibes

STATE OF EXCEPTION, HUMAN RIGHTS AND THE EXCLUSION REQUIRED BY NEOLIBERAL SOCIETIES: HOW ROME STATUTE PROTECT VICTIMS OF ECONOMY.

GUSTAVO BUSSMANN FERREIRA

Abstract:

In his trilogy "Homo Sacer", "State of Exception" and "What remains of Auschwitz", Giorgio Agamben analyzes important aspects of the human condition and the ways in which human rights were perceived over the centuries. Through an internationalist perspective, and based on the concepts brought about by Agamben’s Homo Sacer, this study has the aim of argue that the State of Exception is constantly in force and coexist with the universality of human rights – thus the coexistence of the universality of the exception and the universality of human rights is a new reality, not ignoring the debates on universalism versus relativism and the hazard of imposing a ‘one-size-fits-all’ approach to every situation. Additionally, taking into consideration the boundaries between the human citizens and the Homo Sacer, this study questions the possibility of an international vindication of human rights and the legitimacy of external interferences in States that are lenient towards violations of human rights. This analysis will be guided by the concept of jus cogens and the role of the International Criminal Court as a mechanism of deterrence of further abuses and of reinforcement of human rights standards. Also, a great part of this concerns, we must admit, is related to the supremacy of economic interests and the neoliberal societies that forget human perspectives when promoting the capitalism in its strict understanding. Thus, firstly the necessary definition is about the State of Exception and how the neoliberal societies depend on the exclusion of some individuals who are ignored by everyone. Secondly, the intent is to highlight the importance of the recognizement of this victims once there is no only one testimony to be given. There is no group of survivors or homogeneity of the victims of the regime, what makes them a human waste and the perpetrators, criminals agains humanity. And lastly, it will be important to define what the Homo Sacer is and the idea of the irreducible minimum, which will be important to defend a human rights theory and its importance on the protection of it alongside the rules of capital and the necessities of the capitalist regime.

Keywords: STATE OF EXCEPTION – ECONOMY – NEOLIBERALISM – GLOBALIZATION – HOMO SACER – HUMAN RIGHTS – ROME STATUTE – CRIMES AGAINST HUMANITY.

PDF: Download