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Global Prison Studies

This libguide gives an overview of critical studies of prisons and incarceration, taking an explicitly global approach. It emphasizes the prison's global development, practice, and logic.

Brief History (not including Palestine and Israel - see below)

The contemporary of punishment, penitentiaries, and mass incarceration in the Middle East is variegated. Systems of criminal justice often combine Islamic law with secular, and are still heavily influenced by colonial legacies of religious and racial segregation and their use for the control of political dissidence. Israel has the largest prison population rate in the Middle East (326 per 100,000 of population), followed by Tunisia (263), United Arab Emirates (238) and Iran (222). The UAE is significant in that 92 per cent of prisoners of its prisoners are foreign, and presumably migrant labourers. 

The earliest forms of confinement in the Middle East can be found in ancient civilizations such as Mesopotamia. These  were often rudimentary and lacked the organized structure of modern penitentiary systems. The Ottoman Empire, which spanned large parts of the Middle East between the 1400s and 1900s, had a network of prisons known as "kasr" or "dar as-siyahah" (house of detention). These facilities served as places of confinement for criminals, debtors, political dissidents, and individuals awaiting trial or punishment. Ottoman prisons varied in conditions and treatment of prisoners, with some notorious for their harshness and overcrowding. It is important to note that these were not intended to be places of long term detention as we might think of penitentiaries now, but places of holding, until trial, execution, or some other kind of punishment was made, like financial restitution.

In the modern era, European colonial powers, such as the British and French, played a pivotal role in introducing modern concepts of imprisonment and corrections to the region during the 19th and early 20th centuries. The first European style penitentiary was the Lambese Prison in Algeria, built in 1852 by the French colonial government. Originally a military prison, the French soon began to use it to house ‘common’ prisoners. Its enormous size allowed for racial segregation of European and ‘native’ Algerian prisoners (native in this case code for muslim and Algeria-born). This segregation was not exclusively physical; Algerian muslims were subject to a different legal code than the French, one which allowed them to be held for months without trial. The prison is still in use today, now known as Tazoult, and still huge, with a population over 28,000. In Egypt, the British colonial administration implemented reforms in the late 19th century that included the establishment of new prisons with separate cells and improved sanitation, reflecting ideas emerging from Western penology. These efforts aimed to centralize control, enhance discipline, and align with emerging international standards of prison management. They also introduced long-term imprisonment as a mode of punishment, and resulted in much higher numbers imprisoned and the development of an increasing and expansive network of prisons, which various Egyptian governments have since used to punish political dissidents. 

The post-colonial period witnessed the consolidation and expansion of modern penitentiary systems across the Middle East, often influenced by global trends in criminal justice and corrections. Countries like Iran underwent reforms in the mid-20th century, including the establishment of new prisons and the adoption of modern legal frameworks to regulate incarceration and rehabilitation practices. The Iranian prison system, influenced by both traditional Islamic principles and modern penal codes, evolved into a complex network of facilities for various types of offenders and detainees. In spite of a rhetoric and often practice of postcolonial liberation that would undo many of the colonial legacies of European powers in the region, prisons and penitentiaries have continued to increase in numbers and to be the point of first resort in response to social problems, whether economic, political, or both.

The Arab Spring uprisings starting in 2010 brought renewed attention to issues of justice, accountability, and prison reform in several Middle Eastern countries. Protests and advocacy efforts have called for greater transparency, accountability, and respect for human rights within the criminal justice and corrections systems. At the same time, the response from many governments to those uprisings has resulted in large numbers of people incarcerated and their torture by government agents. Governments have faced pressure to address these concerns and improve conditions in prisons, although progress has varied significantly from one country to another. 

Palestine/Israel

The histories of Palestine and Israel, of prisons in the Middle East, and of the global penitentiary, cannot be written without attention to Israel's large, confusing, and segregated system of prisons and punishment. Modern analyses of Israel's occupation of Palestine and its approach to Palestinians emphasize not only the use of the prison as a tool for punishing dissidents and controlling the Palestinian population in the West Bank and Gaza, but also the "carceral regime" that defines much of life for Palestinians in those areas. According to Francesca Albanese, UN special rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967, "Israel’s military occupation has morphed the entire occupied Palestinian territory into an open-air prison, where Palestinians are constantly confined, surveilled and disciplined."

British Colonial Influence

As eslewhere, this modern regime has roots in colonial antecedents. The British Mandate in Palestine (1920-1948) had a profound impact on the development of modern penitentiary systems in the region. During this period, the British established several prisons and detention centers, primarily to maintain control and suppress resistance movements. 

The British Mandate authorities implemented various legal and administrative measures related to imprisonment, including the enactment of emergency regulations allowing for detention without trial. This period saw the emergence of organized Palestinian resistance against British rule, leading to the imprisonment of activists involved in nationalist movements, as well as paradoxically the imprisonment of many early Zionist leaders who the British found to be moving too quickly. Some of this legal framework still exists today, and the Israeli government and military use it to hold and try Palestinians from Gaza and the West Bank.

Establishment of the State of Israel: 1948

After the establishment of the State of Israel in 1948, many of the British-era prisons and detention centers came under Israeli control. The Israeli authorities inherited and expanded upon the British practices of detention and incarceration, particularly concerning Palestinians involved in anti-Israeli activities or deemed security threats.

The Israeli penitentiary system evolved to include a network of prisons, detention camps, and interrogation centers. Notable facilities such as Ofer Prison, located near Ramallah in the West Bank, became synonymous with the detention of Palestinian prisoners, including political activists, militants, and individuals suspected of involvement in resistance activities. For more on the evolution of this network and its relation to Israeli border regimes, see A History of Confinement in Palestine: The Prison Web.

Contemporary

In the present day, the detention of Palestinians and Israelis occurs under two distinct legal frameworks: military courts in the occupied territories and civilian courts within Israel. This duality creates complexities and disparities in terms of legal rights, procedures, and outcomes for Palestinian detainees.

a. Military Courts: In the occupied territories, Israel operates military courts under military law. These courts handle cases involving Palestinians accused of security-related offenses, such as alleged involvement in militant activities, stone-throwing, or membership in banned organizations. Critics argue that the military court system lacks adequate due process protections, with high conviction rates and limited rights for defendants. They are held in different prisons than their civilian counterparts. According to the Israeli Information Center on Human Rights in the Occupied Territories, "In administrative detention, a person is held without trial without having committed an offense, on the grounds that he or she plans to break the law in the future. As this measure is supposed to be preventive, it has no time limit. The person is detained without legal proceedings, by order of the regional military commander, based on classified evidence that is not revealed to them." 

b. Civilian Courts: Inside Israel, Palestinian citizens and residents are subject to the jurisdiction of civilian courts. While these courts adhere to Israeli civil law, disparities exist in the treatment of Palestinian defendants compared to Israeli citizens. Palestinians often face discrimination, harsh sentencing, and limited access to legal resources within the civilian court system.

Palestinian prisoners, whether detained under military or civilian jurisdiction, face a range of challenges and concerns regarding their rights and treatment. These include allegations of torture, solitary confinement, inadequate healthcare, and restrictions on family visits. Human rights organizations and advocacy groups have documented these issues and called for reforms to ensure fair trials, humane treatment, and respect for prisoners' rights.

Black liberation movements in the United States, and related prison abolitionist movements and writers, often interpret the surveillance, militarization and occupation of Palestine, along with what they see as a form of racial apartheid, through Black experiences in the United States and elsewhere. A key text in this latter analysis is Angela Davis' Freedom is a Constant Struggle: Ferguson, Palestine, and the Foundations of a Movement (2015), as well as George Jackson's writings and later interpretation of them by the Student Nonviolence Coordinating Committee (after Jackson was killed in prison during an escape attempt, an anthology of Palestinian poetry was found in his cell, Enemy of the Sun (1970)).