"State of Exception" Invoked: The Cases of Wartime Ukraine and Russia


Çağlayan P. N.

8. Siyaset Bilimi ve Uluslararası İlişkiler Kongresi, Trabzon, Türkiye, 8 - 10 Ekim 2025, (Özet Bildiri)

  • Yayın Türü: Bildiri / Özet Bildiri
  • Basıldığı Şehir: Trabzon
  • Basıldığı Ülke: Türkiye
  • İnönü Üniversitesi Adresli: Evet

Özet

The objective of this paper is to explore how Giorgio Agamben’s expansion of the concept of “state of exception” has been visible in the political practices of Ukraine and Russia during the ongoing war. The concept of the “state of exception” refers to a condition where standard legal norms are suspended as a response to a real or perceived crisis. It provides a framework to understand governance at times of conflict. The concept is expanded by Giorgio Agamben, a political philosopher, who argues that during a period of crisis, a sovereign’s power increases to an extent that they decide when the law ceases to apply. While the initial emergence of this concept was about the necessity of such power, Agamben’s expansion of the concept focuses on the risks that might occur if this power is normalized. These risks are defined as erosion of democratic norms and structures, obstruction of freedom and institutionalization of extraordinary ruling mechanisms.

The ongoing Russian invasion of Ukraine presents how the state of exception was invoked in wartime. In Ukraine, this concept was officially declared through the entering into force of martial law, which is a permissible response to an external aggression under Ukrainian constitution. This law enabled the Ukrainian government to employ executive authority by restricting certain rights regarding freedom and delay democratic processes such as the elections, which was supposed to happen in 2024 but could not due to martial law not allowing presidential elections. While these measures have been widely accepted by the Ukrainian public as the ongoing war constitutes an existential threat, the implications raise the question of whether the long-term integrity of democratic institutions could be maintained in a post-war scenario.

On the other hand, the “state of exception” concept could be observed in Russia from another perspective. While martial law was introduced by Russia only in the regions it invaded, it implemented emergency style measures such as increased censorhip, restriction of public protests, expanded surveillance and penalties for anti-war expressions. These measures were employed under the name of ensuring national security and stability, but they reflect an environment where emergency conditions become a base for the normalization of authoritarian governance. According to Agamben, emergency becomes the norm in such conditions, as the war is used to assert increased control.

Briefly, it could be inferred that both cases present how the state of exception is utilized as a political tool to consolidate power for different purposes. This comparative analysis presents how this concept becomes justifiable under certain contexts and displays the vulnerability of a legal order during conflict times.

 

Anahtar Kelimeler: state of exception, Russia, Ukraine, emergency governance