Indefinite Detention and the State of Exception — Sovereign Power, Guantanamo, and Human Rights | Chapter 3 of Precarious Life by Judith Butler

What happens when a government suspends the rule of law in the name of national security? In Chapter 3 of Precarious Life: The Powers of Mourning and Violence, Judith Butler offers a searing critique of indefinite detention as a tool of unchecked sovereign power. Titled "Indefinite Detention", this chapter explores how political authority is expanded and legitimized through the erosion of legal protections—especially in the context of the War on Terror.

Watch our full chapter summary from Last Minute Lecture below to explore Butler’s analysis of state violence, sovereignty, and the ethical challenges posed by indefinite detention:

Guantanamo Bay and the Suspension of Rights

At the heart of Butler’s critique is the U.S. government's policy toward detainees at Guantanamo Bay, where individuals were held indefinitely without trial. Butler argues that these practices reflect more than just political expediency—they reveal a dangerous strategy where law is suspended to extend state sovereignty. In this state of exception, detainees are stripped of both legal protections and political identity, reduced to what Giorgio Agamben calls “bare life.”

“Enemy Combatants” and Legal Evasion

The designation of detainees as “enemy combatants” was designed to bypass international legal frameworks such as the Geneva Convention. Butler shows how this term creates a legal grey zone, effectively erasing the rights of those detained. By deeming individuals as dangerous, the state justifies their indefinite imprisonment without due process. This arbitrary classification undermines international law and democratic accountability.

Governmentality vs. Sovereignty: Foucault and Agamben

Butler draws on the political philosophies of Michel Foucault and Giorgio Agamben to distinguish between two modes of power: governmentality and sovereignty. Governmentality regulates populations through norms and institutions, while sovereignty asserts itself through force and exception. Indefinite detention, Butler argues, marks a return to sovereign violence where the state acts outside the bounds of legal oversight—claiming the right to decide who may live and who may be imprisoned indefinitely.

Normalization of the State of Emergency

Perhaps most alarmingly, Butler warns against the normalization of emergency conditions. The post-9/11 political landscape gave rise to a permanent state of exception where extraordinary powers became routine. This normalization not only erodes the legal framework of democratic societies but also reshapes public consent—making the public more willing to accept violations of rights in the name of security.

Ethics of Vulnerability as Resistance

As in earlier chapters, Butler offers an alternative ethical framework grounded in vulnerability and mutual dependence. Rather than accepting state violence as necessary or inevitable, she urges us to cultivate a political ethics that recognizes shared human fragility. This recognition is not a weakness but a source of strength—an ethical imperative to resist arbitrary detention and uphold human rights.

Why This Chapter Matters

Chapter 3 of Precarious Life serves as a vital critique of how governments manipulate fear to bypass legal norms and expand power. For students of political theory, legal philosophy, and human rights, Butler’s work provides an essential framework for understanding the dangers of indefinite detention and the importance of resisting state overreach. This chapter is especially relevant for anyone concerned with the balance between security and justice in modern democracies.

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