of selfhood and right to participate in this world. Moreover, violence is absolutely integral to the markings of subjectivity, setting apart claims about identity, along with notions of civility and barbarism. Violence is always mediated through expressed dichotomies between acceptable and unacceptable behaviours, between the right to punish and the intolerable transgression, between the force of normative law and the terror of the minority. In fact, there is an entire political ecology at work in the very diagnosis of something as political violence in itself
( 2016 ), The Seductions of Quantification: Measuring
Human Rights, Gender Violence, and Sex Trafficking ’
( Chicago : The University of
Chicago Press ).
( 2015 ), ‘ Interventionism as Practice: On
“Ordinary Transgressions” and Their
Routinization ’, Journal of Intervention and
to resist or change social
or political wrong through either ‘contained or transgressive
tactics, excluding political violence’ (Global Activism, Ruth Reitan,
Re-assertion of state sovereignty was also linked to the fact that pre-1989
MSF often worked on the margins of conflicts/refugees, as opposed to
directly inside, thus bringing our public critiques and
stranger as an unknown but nonetheless identifiable (read: racialised) figure who
posits danger and transgression in his very being (see also Fanon, 1975 ). This figuration can be readily transposed to
the colonial and patriarchal bases of the aid sector, structured by hierarchical and
highly sexualised notions of both race and gender. Under this logic, colonised and
non-white men have long been positioned as libidinous and violent, threats to the
safety and honour of white women, while
international law is generally ignored or deformed. Thus, it becomes relevant to ask oneself the reasons behind such distortions and transgressions, probably connected to the constraints of storytelling for film, more concerned with disruptions than normality. They are more deeply connected to the goals of films, those goals implying to use the law as a tool rather than show it.
What is the place of international law in film?
Before we get to the heart of the matter, one can ask oneself whether film, in its current form, is dying – without international law playing any
forced to rote learn the Quran in Arabic and to learn how to fire weapons. Renamed Osama, she manages to pass as a boy, even entering the bath house and being instructed by the middle-aged mullah in the correct Islamic way to wash male genitals. However, her biology betrays her when a trickle of menstrual blood flows down her leg and she is expelled from the madrassa and punished for her transgression by being forced to become the youngest and newest unwilling wife of the mullah. The film ends with the image of the girl dressed in her father’s clothes skipping rope
for questions of international law. 48 Hence, international law can only work when important national interests are not in the balance. At times the law serves other purposes, namely as a useful form of discourse to justify State conduct. 49
In Ghost in the Shell , 50 the realist vision transpires through the transgression of a rule as sacrosanct as diplomatic immunity. Agents of the anti-terrorist cell Section 9 (Japanese Ministry of the Interior) are hot on the trail of an elusive hacker who goes by the name ‘Puppet Master’. In an early scene of the animated
and they went to their master.
Islam’s rules of war are based
on mercy, clemency and compassion and draw their binding rules
from divine Authority . . . [enjoining] the faithful, fighting
in the path of God against those waging war against them never
to transgress, let alone exceed, the limits of justice and
equity and fall into the ways of tyranny and
interests where such judgement can practically be discerned. 74 The dignity of every patient, including those who never enjoyed mental capacity, is given due regard. A patient may never have had the capacity to make judgements. Nonetheless she would have preferences and feelings, displayed particular aversions, 75 or especial pleasures. Treatment which transgressed those aversions or removed those pleasures could only be in her interests if strong evidence supported its continuation, despite the distress occasioned to the individual. Note though that the requirement to
interests in confidentiality. Volunteering evidence of less serious crimes, or crimes committed long ago, to the police may be seen as less straightforward. The GMC advises that disclosure is defensible in relation to serious crime, 97 ‘especially crimes against the person’. What the doctor should not do is hand over to the police information on each and every patient who transgresses the law. Parliament has legislated in numerous cases to compel breach of medical confidence. The courts should not be zealous to add to that list.
The flaw in this argument is whether a