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Exceptional Emergencies?: The Construction of Legal Discourses on Targeted Assassinations in the Palestinian-Israeli Conflict
Abstract by Dr. Michelle L. Burgis On Session 195  (Defining Law)

On Tuesday, November 24 at 8:00 am

2009 Annual Meeting

Abstract
The practice of targeted assassinations is an important tool used by both Israeli and Palestinian security personnel in the ongoing Israeli-Palestinian conflict. At home and in the street, trials and evidence give way to killings without redress. Oftentimes, unintended targets also suffer at the hands of masked gunmen who then flee as quickly as they came. Justifications of emergency and exceptionality allow for a space that is seemingly lawless and without limits. Through a discursive reading of Israeli jurisprudence, witness statements and official statements on the policy, however, this paper seeks to explore the intimate and integral relationship between law and these operations. Far from being simply alegal or even illegal, Palestinian and Israeli actors can draw on a myriad of legal narratives to constitute and construct killings with legal largesse. What is the normative framework currently applicable to targeted killings? How can we apply this to its practice in Palestine/Israel and how do different actors narrate their relationship with the law? Are there shared tactics used by Palestinian and Israeli personnel and what does this suggest about the nature of the Israeli-Palestinian conflict more broadly? Thus, through a critical appraisal of discursive and legal material, the paper seeks to shed light on how we should make sense of targeted assassinations as scholars of law and as scholars of the Israeli-Palestinian conflict.
Discipline
Law
Geographic Area
Israel
Palestine
Sub Area
Arab-Israeli Conflict