it's really hard to unsee the "rule of law" as the extended phenotype of oppression...,

commondreams |  In Gaza, we see yet another example of the law’s injustice. At least 250 Palestinians were arrested during Israel’s ground operation in Gaza, many of whom were charged with “belonging to an illegal organization”—which, according to the Al-Mezan Center for Human Rights, generally refers to Palestinian political parties, especially but not only Hamas. Others are undergoing interrogation and have been denied access to a lawyer.

At least 15 of those arrested and later released were held under the “Unlawful Combatants Law.” Providing even less protection than administrative detention orders, this law allows the detention of Gazans for an unlimited period of time without charge or trial, in violation of international human rights norms. Enacted by the Israeli Knesset in 2002, the Unlawful Combatants Law embodies some of the many practices shared between Israel and the United States, which codified its own legal definition of “unlawful combatants” who could be indefinitely detained under the Military Commissions Act of 2006.

The death and destruction inflicted on the Palestinian people in recent weeks, part of what Israeli historian Ilan Pappé has referred to as Israel’s policy of “incremental genocide,” is one reminder that incarceration and more overt forms of violence are not mutually exclusive.

The Israeli government also employs a variety of other tools to repress and dispossess the Palestinian population. These include forced evictions, land grabs and other forms of ethnic cleansing, the denial of the right of return of Palestinian refugees, significant monetary and military support for settlements, and apartheid policies and practices—including the “community-shattering” separation wall and the system of checkpoints and permits restricting the free movement of Palestinians.

Mass Incarceration in the Land of the Free

On the other side of the globe, the burgeoning U.S. prison population now comprises a quarter of all the prisoners in the world.

Close to 70 percent of all people in U.S. incarceration, moreover, are people of color. As Adam Gopnik observed in The New Yorker, “there are more black men in the grip of the [U.S.] criminal-justice system—in prison, on probation, or on parole—than were in slavery” on the eve of the civil war.

Over the past three decades, the U.S. prison population has quadrupled. This is in large part a result of the “war on drugs.” Since the Anti-Drug Abuse Act of 1986 was passed, incarceration for nonviolent offenses dramatically increased—disproportionately impacting poor black people. “Relegated to a second-class status” by their experience with prison, notes legal scholar Michelle Alexander, an inordinate number of black men have once again become “disenfranchised,” losing the right to vote, to serve on juries, and to be free of legal discrimination in regards to employment, education, and access to public services.

This exponential increase in incarceration has accompanied the unprecedented rise in the detention of undocumented immigrants as well as the growth of the prison-industrial complex, demonstrating the salience of the political economy of incarceration. These developments are rooted in the socio-economic changes of the post-industrial era and the retrenchment of social safety net programs that occurred in the United States from the 1980s forward, paralleled by the spread of the neoliberal economic paradigm to the Global South. As the scholar and social justice activist Angela Davis has highlighted, prisons were central to the government’s strategy of addressing the structural violence “produced by the deindustrialization, lack of jobs,” and “lack of education” that has characterized this era, impacting poor people of color in particular.