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Rights as a Divide-and-Rule Mechanism: Lessons from the Case of Palestinians in Israeli Custody

Viterbo, Hedi (2018) 'Rights as a Divide-and-Rule Mechanism: Lessons from the Case of Palestinians in Israeli Custody.' Law and Social Inquiry, 43 (3). pp. 764-795. ISSN 0897-6546

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Critics have highlighted the complicity of human rights law in mass disempowerment and domination—a criticism equally applicable to child law. This article investigates this issue, as evidenced by three recent developments that Israel has justified by invoking these legal frameworks: an increased separation of Palestinian adults and children in Israeli custody; the Israeli legal system's growing preoccupation with “rehabilitating” the now-segregated Palestinian children; and the Israeli authorities' ever-diminishing interest in such rehabilitation for adult Palestinian prisoners. By canvassing the legal architecture, judicial rationalizations, adverse effects, and sociopolitical context of these developments, this article foregrounds their divide-and-rule logic and structure of driving a generational wedge between Palestinians and potentially weakening their political ties, solidarity, and resistance.

Item Type: Article
Additional Information: Source info: Law and Social Inquiry, Forthcoming
Uncontrolled Keywords: human rights; child law; children's rights; prisoner rights; Israel/Palestine; divide and rule
Subjects: H Social Sciences > HM Sociology
J Political Science > JC Political theory
J Political Science > JX International law
K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Faculty of Humanities
SWORD Depositor: Elements
Depositing User: Elements
Date Deposited: 22 Sep 2016 12:06
Last Modified: 15 Jan 2022 00:42

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