The remorseful enemy

Soliciting a defendant's remorse during sentencing resonates with the idea that the individual has breached the community's shared moral values but can be reincluded through moral transformation. This article examines a criminal justice system in which remorse is sought from defendants convicted of security offenses, belonging to a community deemed to hold values opposed to those of the state that punishes them. A qualitative analysis of sentencing remarks from military courts in the Occupied Palestinian Territories reveals that, while framing defendants as enemies, judges nevertheless solicit remorse, constructing it through discourses of moral reform and an imagined political community with shared values. Against the backdrop of the literature on ‘enemy criminal law’, which suggests that punishing perceived enemies relies on emotional discourses of othering, this article argues that emotions associated with moral reform may also play a legitimizing role in the context of security criminal law and may generate multiple configurations of citizen/enemy subjects.

Authors

Institutions

Publication Details

Journal
Theoretical Criminology
Published
2025-09-22
DOI
https://doi.org/10.1177/13624806251376626
Primary Topic
Terrorism, Counterterrorism, and Political Violence
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The remorseful enemy

Netanel Dagan, Irit Ballas
Theoretical Criminology
Terrorism, Counterterrorism, and Political Violence
article

The remorseful enemy

Netanel Dagan, Irit Ballas
article en

Abstract

Soliciting a defendant's remorse during sentencing resonates with the idea that the individual has breached the community's shared moral values but can be reincluded through moral transformation. This article examines a criminal justice system in which remorse is sought from defendants convicted of security offenses, belonging to a community deemed to hold values opposed to those of the state that punishes them. A qualitative analysis of sentencing remarks from military courts in the Occupied Palestinian Territories reveals that, while framing defendants as enemies, judges nevertheless solicit remorse, constructing it through discourses of moral reform and an imagined political community with shared values. Against the backdrop of the literature on ‘enemy criminal law’, which suggests that punishing perceived enemies relies on emotional discourses of othering, this article argues that emotions associated with moral reform may also play a legitimizing role in the context of security criminal law and may generate multiple configurations of citizen/enemy subjects.

Theoretical Criminology
Bar-Ilan University (IL), Hebrew University of Jerusalem (IL)
Openalex Percentile: Top 66%
Terrorism, Counterterrorism, and Political Violence
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.