Abstract

The following legal-historical research is critical of “Islamist” narratives and their desacralized reverberations claiming that Arab-Muslim receptivity to terror is axiomatic to “cultural experiences” figuring subjects conforming to Arab-Islamic philosophical theology. The critique is founded on deconstructing—while adopting a Third World Approach to International Law (TWAIL)—the (im)moral consequences resulting from such rhetoric interpreting the Arab uprising of 2011 from the early days as certainly metamorphosing into an “Islamist Winter”. This secular-humanist hypostasis reminded critics that International Law and International Relations continues to assert that Latin-European philosophical theology furnishes the exclusive temporal coordinates required to attain “modernity” as telos of history and “civil society” as ethos of governance. In addition, the research highlights that such culturalist assertation—separating between law and morality—tolerates secular logic decriminalizing acts patently violating International Law since essentializing Arab-Muslims as temporally positioned “outside law” provides liberal-secular modernity ontological security. Put differently, “culture talk” affirms that since a secular-humanist imaginary of historical evolution stipulates that it is “inevitable” and “natural” that any “non-secular” Arab protests will unavoidably lead to lawlessness, it therefore becomes imperative to suspiciously approach the “Islamist” narrative of 2011 thus deconstructing the formulation of juridical doctrines (i.e., Bethlehem Legal Principles) decriminalizing acts arising from a principle of pre-emption “moralizing” demographic and geographic alterations (i.e., Operation Timber Sycamore) across Arabia. The research concludes that jus gentium continues to be characterized by a temporal inclusive exclusion with its redemptive ramifications—authorized by sovereign power—catalyzing “epistemic violence” resulting in en-masse exodus and slayed bodies across Arabia.

Highlights

  • The purpose of the following legal-historical research is to deconstruct[1] the significance of recognized sovereign figures and international jurists—electing positivist jurisprudence as the legal ethos maintaining and defending a secular-humanist telos—irreflexively assuming that an “Arab awakening” to democracy in 2011 was certainly momentary since Arab-Islamic philosophy and theology was essentialized as inherently informing an “Islamist” epistemology

  • Since almost two decades have elapsed from the onset of the War on Terror, and almost a decade since the Arab uprisings of 2011, it has become evident that implicitly reductionist discourses adopted to legalize a redemptive war conquering

  • Scholars critical of neo-Orientalist discourses expressed concern over the use of the term “Islamist terrorism” by mentioning that it is not ethical to use the term Islamist and terrorism side by side since such combination of terms assumes that Islam either is or excuses terrorism (Mamdani 2004; Altwaiji 2014; Tausch et al 2018)

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Summary

Introduction

The purpose of the following legal-historical research is to deconstruct[1] the significance of recognized sovereign figures and international jurists—electing positivist jurisprudence as the (rational) legal ethos maintaining and defending a secular-humanist (universalized) telos—irreflexively assuming that an “Arab awakening” to democracy in 2011 was certainly momentary since Arab-Islamic philosophy and theology was essentialized as inherently informing an “Islamist” epistemology. This deconstruction is imperative since proponents of ‘culture talk’ (i.e., neo-Orientalist hypostatization)[2] suggested that Arabs failed at temporally “jumping” into ratiocinated temporal coordinates characterizing liberalsecular modernity by citing deterministic imaginaries attributing it to the “Arab mind”.

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