Abstract
This paper analyzes the legal history of Palestine and Israel from the beginning of the British civil administration in 1920 to the end of Israel’s military rule over its Palestinian citizens in 1966. It argues that during the period under inquiry, first the British and then the Israelis utilized the law to facilitate the attainment of colonial and settler-colonial objectives. More specifically, it demonstrates that both colonial projects used law and legal institutions to impose physical control over Palestine and the Palestinians and that the legal regime set up by the British during the mandate contributed to the success of the Zionist project. To evaluate the functioning of law in Palestine and Israel, the paper utilizes the theoretical framework of settler-colonialism, as developed by Patrick Wolfe, Lorenzo Veracini, and others. Despite the fact that settler-colonialism has been utilized in a variety of academic studies on Israel-Palestine, only a few have explored the functioning of law through the lens of settler-colonialism. As Wolfe emphasized, settler-colonial societies pursue two primary objectives in the spaces they colonize: the expropriation of land and the removal of indigenous populations from that land. I contend that the legal regime established by the British and adopted and developed by the Israelis has served to achieve the two objectives identified by Wolfe.
To substantiate my argument, I assess the role of law in the legitimization and implementation of two practices that both regimes pursued in order to establish colonial and then settler-colonial control of Palestine: the first, deportation, targets the Palestinian body; and the second, the confiscation and transfer of land to Zionists/Israelis, targets Palestinian territory. Through my assessment of these two practices I show that law in Israel-Palestine was configured and reconfigured to enable the expropriation of Palestinian land and the removal of Palestinians from that land. Thus, this paper contributes to an emerging scholarly discourse regarding the utility and significance of settler-colonialism as a framework of analysis for the functioning of law in Israel-Palestine. The paper draws on primary sources from public archives in Jerusalem and Tel Aviv, as well as on a private archive of still-classified military court decisions.
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