7 - Infantilization and Militarism: Soldiers as Children, Children as Soldiers

Summary

At the heart of Chapter 7 are two characteristics of the dominant Israeli legal and human rights discourse. The first is its portrayal of soldiers as children, particularly in court cases concerning either soldiers’ violence against Palestinians or military hazing. The analysis pays special attention to courts’ conjuring up of two conflicting childhoods: that of the violent soldier, who is not formally a child yet tends to be perceived as such, and that of the young Palestinian, whom the statutory law defines as a “minor.” The second discursive characteristic is the treatment of under-18s in military terms. Regarding young Israelis in conflict with the law, the chapter analyzes their depiction as soldiers in the making, as well as the judiciary’s consideration of their future military service as a mitigating factor. Regarding young Palestinians, the chapter discusses their use as human shields, as well as the double standard in Israeli contentions that they are trained for combat from an early age. Across these contexts, the chapter criticizes invocations of two problematic international legal principles: first, the categorization of young people as protected civilians, and, second, the ban on recruiting underage soldiers.