Queering Justice: States as Machines of Oppression

Abstract

In light of the recent attention to the incarceration, surveillance, and policing of non-normative people in the Middle East and North Africa, this article does not seek to offer alternatives to systems of justice. Instead, our argument revolves around the need to turn the concept of justice on its head, by demonstrating that justice within the context of the nation-state is in its essence a de facto and de jure mechanism of policing and surveillance. To do so, this article draws on Michael Foucault’s notion of state-phobia from a de-colonial perspective, intersectional feminist theory, and Hisham Sharabi’s conceptualisation of the Arab-state as neo-patriarchal. This article highlights the need to move away from the post-colonial benevolent imaginary of the state, as a result of people’s desire for self-determination, to a more realistic de-colonial conceptualisation of nation-states that emerged post-colonisation, as sites of oppression. This article will also shed light on the role of civil society in reinforcing the unjust justice sought within nation-state frameworks by drawing on the examples of the recent crackdown on non-normative people in Egypt, and the example of non-normative Palestinians living under occupation. The Egyptian and Palestinian cases are, respectively, one of an allegedly sovereign state that overtly restricts gender and sexual freedom, and another of an occupying state that nominally guarantees gender and sexual rights. These examples are used to demonstrate the theoretical underpinnings of this article, through which we seek to problematise and break binaries of justice versus injustice, and the state versus civil society, in an attempt to queer the concept of justice.