Traditionally, for an armed conflict to warrant regulation by the international law of armed conflict, it was necessary for the situation to amount to a war, in other words, a contention between states through the medium of their armed forces. While the full panoply of the international law of armed conflict does not apply to non-international conflicts, to some extent non-international conflicts have come under the aegis of international law since 1977, with the adoption of Article 1 (4) of Protocol I. The first and only international agreement exclusively regulating the conduct of the parties in a non-international conflict is Protocol II additional to the 1949 Geneva Conventions. As to non-parties to the Conventions, in so far as the Conventions embody rules of customary law they will apply in any international armed conflict, as will all other rules of the customary law of armed conflict.

One of the oldest rules of the law of war provides for the protection of the civilian noncombatant population and forbids making civilians the direct object of attack. The Geneva Convention IV applies only to civilians in the hands of or under the physical control of an adverse party or an Occupying Power. Those in their own territory are protected only by the general rules limiting warlike acts and methods of combat. As with other protected persons, civilians in enemy hands, whether in national or occupied territory, are entitled to respect for their persons, honour, family rights, religious convictions and practices, manners and customs. When imposing punishment it must be remembered that non-national civilians owe no allegiance to the Detaining Power, which nevertheless retains the right to punish offences against its security.

This chapter examines the role of emotions in securitisation theory and first provides an overview of how emotions are currently integrated in securitisation studies. The chapter then theorises securitisation as an affective practice which is affected by the indirectness and remoteness described in Chapter 5. The chapter also looks at the ways in which gender and the myth of protection play out in the field of security professionals. The chapter argues that securitising Islam indirectly sustains the myth of American innocence and paints America as the ‘true victim’ of 9/11 insofar as the indirectness removes the affective experience that usually accompanies securitisation processes. This chapter thus looks at the securitisation of Islam in an all-encompassing way by adding texture to the analysis of the securitisation of Islam; that is, by including the role of the body, affect, emotions and space, which are central to the proliferation of Islamophobic attitudes in the United States.

In former times there was a tendency for a belligerent occupying enemy territory to annex that territory and treat it as part of his own. Territory is occupied only when it is actually under the control and administration of an Occupant and extends only to those areas in which it is actually able to exercise such control. The Occupying Power may extend his own law to the territory only if it is annexed and the transfer of sovereignty recognised. The relations between the Occupying Power and the population are regulated primarily by the terms of the Civilians Convention, which come into force from the time the area is actually placed under the Occupant's authority. The Occupying Power's competence to amend either the local civil or the penal law is not unlimited, and it should not introduce any regulation that suspends, extinguishes or renders unenforceable the legal rights of enemy subjects.

The introduction establishes the puzzle of the study, by questioning how it is possible for US administrations to securitise Islam with a language of amity and peacefulness. The chapter reaffirms that while a lot of anti-Muslim prejudice and racism is overt, studies on averse and covert racism within the context of the war on terrorism have been more silent. The chapter illustrates the logic of covert language through the children’s story ‘No is yes’. The chapter then sets the goals of the book. First, the book aims to unpack the paradoxes of the securitisation of Islam, which stem from the contradiction between counterterrorism practices that discriminate minority groups and living in a society that is averse to racism. The second goal of the book seeks to theorise the affective process of indirect securitisations in order to add texture to the analysis of the securitisation of Islam. The chapter finally situates the study within a wider body of literature on the role of affect and emotions in the social sciences, critical counterterrorism studies and quantum theory.

Following Britain’s referendum over continued membership of the European Union (EU) in June 2016, the future status in the UK of nationals of other EU countries has become the subject of intensified political debate. Meanwhile, EU nationals from central and eastern Europe have been subject to xenophobic attacks as part of a wider post-referendum spike in racist abuse. This chapter is concerned with local-level struggles by nationals of central and eastern European EU countries for a ‘right to the city’. It uses the case study of Peterborough, where relatively large numbers of migrants have travelled to settle and work. The demands made by international migrants for voice and representation in city governance and for housing and workplace justice can be seen as struggles over the nature of citizenship at the scales of the factory, the warehouse, and the neighbourhood, as well as the city. In the context of ongoing, multi-scalar, quasi-colonial governance of ‘difference’ in Britain, this chapter argues that such citizenship struggles need to be understood alongside (and in relation to) those of other working-class people. These include long-term residents, migrants from elsewhere in the UK, and both ethnic minorities and the white British ethnic majority.

In ancient times, as evidenced by the Laws of Manu, the Old Testament or the writings of Kautilya or San Tzu, there was no attempt to identify those who were entitled to be treated as combatants. It is only with the writers of the nineteenth century that either a clear definition of the rights of soldiers or the first use of the term 'combatants' is found. Irregular forces and resistance movements are protected only so long as they satisfy the normal requirements for recognition as combatants, in which case they are entitled if captured to be treated as prisoners of war. Until the adoption of Protocol I no attempt was made to discriminate among the members of an armed force on the basis of their nationality or the motives which lead them to join that force, whether those motives were ideological or mercenary.

It has become relatively commonplace to claim that the world is becoming urban. However, it is only relatively recently that the domain of the urban has been considered as an area of study for those concerned with the politics of refugees. This chapter reflects on what is at stake in such work and presents an argument for exploring in more detail how a prosaic reading of the city as an ensemble of authorities, legalisations, and claims can help critical scholarship understand the politics of refugee mobility. Reflecting recent debates over the rescaling of politics, the chapter draws on a concern with ‘seeing like a city’, to argue that an urban perspective may offer a conceptual path to contest the exclusions of the state. Through mobilising this lens, and considering its empirical application in the work of urban sanctuary movements and refugee-led urban activism in the UK, the chapter considers how an urban politics of presence may reposition refugees in relation to authority, rights, and opportunities for belonging.

This chapter summarises and consolidates the principal themes of the book and rounds up the discussion by proposing new avenues for research – namely, strengthening the relationship between covert racism, the securitisation of minority groups and white victimhood, opening up a space for conceptualising securitisation as an affective practice and theorising the quantum view of radicalisation.

This chapter explores how, through legal practice, the law comes to embody particular social relationships, notably those between coloniser and colonised, the social classes, and men and women. This process of embodiment of social hierarchies by ‘the law’ enables both its culture and the capacity of individuals to receive justice from it. To make this argument, it explores how lawyers and judges come to personify the law for the public in the press. Yet, legal space is not made by lawyers alone. Thus, ‘the law’ brings its own logic and is shaped by the social elite, the burgeoning public and juries. The latter were not just contexts that the law operated within, but became the law as they were drawn into its practice and representation.

This chapter offers an innovative twist to securitisation theory by introducing the notion of indirect securitisations, which occur when the speaker resorts to covert language rather than an explicit language of threats and enmity. This type of securitisation is more likely in societies where what Tali Mendelberg refers to the ‘norm of racial equality’ prohibits racist speech. It also speaks to everyday racism by exploring how the indirect securitisation of Islam in the war on terror constitutes a covert form of racism. To this end, the first section draws on John Searle’s indirect speech act theory and unpacks how Bush, Obama and Trump have used indirect speech acts when speaking about Islam. Because indirect securitising speech acts allow actors to avoid worst possible outcomes and ‘save face’, this chapter argues that indirect securitising speech acts are an important tool in elites’ securitising playbook.

Throughout this book, men’s performances were implicated in shaping their character for the court. This chapter explores how character was used as a form of evidence within the courtroom in the assessment of truth. It continues a discussion of character through looking at how it was socially produced in relation to family, place, religion and class, highlighting how social status continued to give weight to the truth claims of speakers. It then looks at alternative models for assessing truth, including oath-taking, performances of lying and honesty, and the new forensic science. It argues that whilst other forms of identifying truth were emerging, men’s performances of character remained at the heart of the production of justice.

Sanctuary cities exemplify the rescaling of citizenship, community, and belonging. This chapter sets the stage for the book by exploring urban sanctuary practices and policies in different countries. Drawing on the USA, the UK, and Canada the chapter shows how sanctuary policies and practices aim to accommodate illegalised migrants and refugees in urban communities. The concept of the ‘sanctuary city’, however, is highly ambiguous: it refers to a variety of different policies and practices, and focuses on variable populations in different national contexts. The chapter examines the international literature to show how urban sanctuary policies and practices differ between national contexts and assess whether there are common features of sanctuary cities. It uncovers legal, discursive, identity-formative, and scalar aspects of urban sanctuary policies and practices. These aspects assemble in ways that differ between countries. The chapter discusses these aspect in relation to urban practices in other countries, such as Germany, Spain, and Chile. It concludes by raising important practical and theoretical questions about urban sanctuary.