First Gaza, Then the World: The Global Danger of Israeli Exceptionalism
by Ramzy
Baroud | Feb
16, 2026
While many nations occasionally resort to a “state of
exception” to deal with temporary crises, Israel exists in a permanent state of
exception. This Israeli exceptionalism is the very essence of the instability
that plagues the Middle East.
The concept of the state of exception dates back to
the Roman justitium, a legal mechanism for suspending law during times of
civil unrest. However, the modern understanding was shaped by the German jurist Carl Schmitt, who famously
wrote that the “sovereign is he who decides on the exception.” While Schmitt’s
own history as a jurist for the Third Reich serves as a chilling reminder of
where such theories can lead, his work provides an undeniably accurate anatomy
of raw power: it reveals how a ruler who institutes laws also holds the power
to dismiss them, under the pretext that no constitution can foresee every
possible crisis.
It is often argued that Israel, a self-described
democracy, still lacks a formal constitution because such a document would
force it to define its borders – a problematic prospect for a settler-colonial
regime with an insatiable appetite for expansion. But there is another
explanation: by operating on “Basic Laws” rather than a constitution, Israel avoids a
comprehensive legal system that would align it with the globally accepted
foundations of international law. Without a constitution, Israel exists in a
legal vacuum where the “exception” is the rule. In this space, racial laws,
territorial expansion, and even genocide are permitted so long as they fit the
state’s immediate agenda.
Isolating specific examples to illustrate this point
is a daunting task, primarily because nearly every relevant pronouncement from
Israeli officials – particularly during the genocide in Gaza – is a textbook
study in Israeli exceptionalism. Consider Israel’s relentless assault on UNRWA, the UN-mandated body responsible for
the survival of millions of Palestinian refugees. For decades, Israel has
sought the dismantling of UNRWA for one reason: it is the only global
institution that prevents the total erasure of Palestinian refugee rights.
These rights are not mere grievances; they are firmly anchored in international
law, most notably via UN Resolution 194.
While UNRWA is not a political organization in a
functional sense, its very existence is profoundly political. First, it stands
as the institutional legacy of a specific political history; second, and more
crucially, its presence ensures the Palestinian refugee remains a recognized
political entity. By existing, UNRWA preserves the status of the refugee as a
subject with the legal right to demand a return to historic Palestine – a
demand that the “state of exception” seeks to permanently silence.
In October 2024, Israel unilaterally legislated the closure of UNRWA, once more asserting its
“exception” over the entire framework of the United Nations. “It is time the
international community (…) realizes that UNRWA’s mission must end,” Prime
Minister Benjamin Netanyahu had already declared on January 31, 2024, signaling the coming
erasure. This rhetoric reached its physical conclusion on January 20, when the
UNRWA headquarters in occupied Jerusalem were demolished by the Israeli military in the presence of
National Security Minister Itamar Ben-Gvir.
“A historic day!” Ben-Gvir announced on that same date. “Today these supporters of
terror are being driven out.” This horrific act was met with bashful
responses, mute concerns, or total silence by the very powers tasked with
preventing states from positioning themselves above the law.
By allowing this Israeli “exception” to stand
unchallenged, the international community has effectively sanctioned the
demolition of its own legal foundations.
In the past, Israeli leaders masked their true
intentions with the language of a “light unto the nations,” projecting a
beacon of morality while practicing violence, ethnic cleansing, and military
occupation on the ground. The genocide in Gaza, however, has stripped away
these pretenses. For the first time, Israeli rhetoric fully reflects a state of
exception where the law is not just ignored, but structurally suspended.
“No one in the world will let us starve two million
citizens, even though it may be justified and moral until they return the
hostages to us,” Finance Minister Bezalel Smotrich admitted on August 5, 2024. This “justified and moral”
stance reveals a localized morality that permits the extermination of a
population as an ethically defensible act. Yet Smotrich also lied; the world
has done nothing practical to dissuade Israel from its savage pulverization of
Gaza.
The global community remained idle even when
Smotrich declared on May 6, 2025, that Gaza would be “entirely
destroyed” and the population “concentrated in a narrow strip.” Today, that
vision is a reality: a genocide-fatigued population is confined to roughly 45%
of the territory, while the remainder stays empty under Israeli military
control.
Netanyahu himself, who has stretched the state of
exception beyond any predecessor, defined this new reality during a cabinet meeting on
October 26, 2025: “Israel is a sovereign state… Our security policy is in our
own hands. Israel does not seek anyone’s approval for that.” Here, Netanyahu
defines sovereignty as the raw power to act – genocide included – without
regard for international law or human rights.
If all states adopted this, the world would fall into
a lawless frenzy. In his seminal State of Exception, Giorgio Agamben diagnosed this “void” – a space where law is suspended but
“force of law” remains as pure violence. While his recent stances have divided
the academic community, his critique of the exception as a permanent tool of
governance remains an indispensable lens for understanding the erasure of
Palestinian life.
Israel has already created that void. In the hands of
a genocidal settler-colonial society, the state of exception is a relentless
nightmare that will not stop at the borders of Palestine. If this “exception”
is allowed to become the permanent regional rule, no nation in the Middle East
will be spared. Time is of the essence.