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Adalah's Review - Volume 5 - On Criminalization (Spring 2009)

Adalah's Review - Volume 5 - On Criminalization (Spring 2009)

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Volume 5 of Adalah’s Review takes as its point of departure the question of political dissent by Palestinians – in this case dissent by Palestinian citizens of Israel and the occupied Palestinian population – and explores ways in which dissent has been criminalized. The articles in this volume examine a range of channels pursued by Israel to this end, including holding political trials of Palestinian political leaders, legislation aimed at further entrenching the criminalization of political dissent, the operation of the military court system, and the creation of the category of “security prisoner” within the Israeli prison system, which imposes additional restrictions and punishments on incarcerated Palestinian political prisoners. The discussion of criminalization is then expanded to the United States and the arrest and administrative detention of large numbers of Arab and Muslim men within a system of immigration related detention following the attacks of September 11th, 2001.
Volume 5 of Adalah’s Review takes as its point of departure the question of political dissent by Palestinians – in this case dissent by Palestinian citizens of Israel and the occupied Palestinian population – and explores ways in which dissent has been criminalized. The articles in this volume examine a range of channels pursued by Israel to this end, including holding political trials of Palestinian political leaders, legislation aimed at further entrenching the criminalization of political dissent, the operation of the military court system, and the creation of the category of “security prisoner” within the Israeli prison system, which imposes additional restrictions and punishments on incarcerated Palestinian political prisoners. The discussion of criminalization is then expanded to the United States and the arrest and administrative detention of large numbers of Arab and Muslim men within a system of immigration related detention following the attacks of September 11th, 2001.

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01/21/2013

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1
3
Introduction
The Editors
11
Criminal Trials in an Age of Terror 
Leora Bilsky 
29
“Expanding the Space(s)”: Thoughts on Law, Nationalismand Humanism – Following the Bishara Case
Barak Medina and Ilan Saban
45
 Amendment 66 to the Penal Law (2002), Article 144D2 – Incitement to Violence or Terror: Legislation Based onPolitical Considerations
Khalid Ghanayim
55
“In Practice”: Interview with Attorney Saher Francis on her Experiences in Representing Palestinians before the Israeli Military Courts
Rasha Shammas
65
The Definition of Palestinian Prisoners in Israeli Prisons as“Security Prisoners” – Security Semantics for Camouflaging Political Practice
 Abeer Bake
81
The Expansion of Preventive Detention of Immigrants in America’s “War on Terror” 
 Asli Ü Bâli
101
Book Review: The Case of Ariel Sharon and the Fate of Universal Jurisdiction
Richard Falk 
Volume 5, Spring 2009
, 
ON CRIMINALIZATION
 
2
1969, Jerusalem, Joseph Algazy
En route to the police station. The procession leader of a group of girls carrying a wreath for the UnknownSoldier is in his hands. He seems braced, his upper body turning towards her as though in a moment he willhave to pounce if she tries to escape. In her relaxed and erect seated position, her glance staring forward, shesignals a distance between her and the legitimate political deed she has undertaken, and the incriminating situationin which she is framed by the security forces.
 
3
Introduction
The Editors
This volume of 
 Adalah’s Review 
opens its pagesto an examination of the ways in which formsof political activity and resistance arecriminalized by the State of Israel, on pretextsof “security offenses” or “terror”. Whereas the criminal justice system iscommonly perceived as being aimed atremoving “criminals” from the generalpopulation, it is often exploited by states inpursuit of other goals. These goals range fromgeneral goals, such as the creation of a compliant citizenry, to more specific goals, likecurbing flows of immigration or repressing “undesirable” groups, for instance the holdersof certain religious or political beliefs, membersof specific ethnic communities, people withparticular sexual preferences, and thosesuffering from mental illnesses. States also usecriminal laws to restrict the movement of certain populations within their territories (e.g.the Pass Laws in Apartheid South Africa), toprohibit interracial marriage (e.g. the anti-miscegenation laws enforced in Nazi Germany,and in the United States prior to 1967), andto exclude specific national groups fromentering a state (e.g. Israel’s Prevention of Infiltration Law of 1954).One of the other uses to which Israel putsits criminal justice system is as a means of removing political acts and expression by Palestinian citizens of Israel from the sphereof legitimate action, thereby neutralizing thepolitical dimension of such acts and expression.Similarly, military courts and prisons,operating with the naked force of power andsuspending certain rights, play a major role inthe criminalization of the Palestinianpopulation of the Occupied PalestinianTerritory (OPT) and the repression of theirresistance to the Occupation.The operation of the criminal justice systemis the most invasive and coercive exercise of power by a state over its citizens, given themagnitude of the costs of enforcing a prohibition. These costs should be measurednot only in terms of the loss of an individual’sliberty, but also in terms of the wider damagecaused to criminalized individuals andcommunities, which may include physical,psychological and economic harm. As a resultof the potentially devastating ramifications of enforcing the criminal law, manipulation andabuse of the criminal law by states for politicalpurposes is an exceptionally grave matter.Volume 4 of 
 Adalah’s Review 
sought toinvestigate the concept of “security” and toexplore the State of Israel’s security-centeredreasoning in various cases, a reasoning thatassumes and requires the existence of a ‘threat’and the consequent need to eradicate it. Morespecifically, that volume asked how practicescarried out “in the name of security” againstPalestinian citizens of Israel can be addressedcritically without reconstituting the definitionof these citizens, or some of their actions, asthreats to state security.Volume 5 of 
 Adalah’s Review 
takes as itspoint of departure a theme raised in theprevious volume, the question of politicaldissent by Palestinians – in this case dissent by Palestinian citizens of Israel and the occupiedPalestinian population – and explores ways inwhich dissent has been criminalized. Thearticles in this volume examine a range of channels pursued by Israel to this end,including holding political trials of Palestinian

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