Abstract
This paper analyzes a settler-colonial situation by expanding on Foucault’s theoretical literature on sovereignty that calls for replacing the juridical discourse with the discourse of war. According to Foucault, the law and any political agreement are imbued with violence: modern “achievements” of establishing governmental political institutions only serve to obscure the continuous infrastructure of war. Critical historiography that focused on the 1948 ethnic cleansing of Palestine used this year as a “zero point” to duplicate the juridical perception of sovereignty. Thus, Israelis could argue that “in war as in war,” meaning expulsions and massacres happened in the context of battles between enemy forces. The establishment of the State of Israel replaced the war discourse with a post-1948 legal framework.
Based on archival material documenting the expulsions of Palestinians from 1936 to mid-1950s and the process of Zionist land accumulation, I will show that 1948 was neither the beginning nor the end of a process of settler-colonial expropriation. Instead I claim that the mid-1930s signaled an intensified process to expel Palestinian sharecroppers, which culminated in the Nakba. The establishment of a settler-state enabled warfare to be augmented by "law-fare," e.g., the Law of Absentees' Property crucial for looting land and property.
The paper discusses Marj Iban ‘Amer (Jezreel Valley), a region where the Zionist movement bought the largest amount of land. It will argue that land purchase from absentee landlords alone did not guarantee the right nor secure the possibility for settlement because “evacuating” the land of its indigenous people was forbidden by Mandatory law unless the sharecroppers consented to move and were compensated. Zionist settlement did however utilized forceful practices, perpetrated here by Hashomer Hatzair, self-described as a socialist, bi-national movement to vacate the land of its Palestinian inhabitants. In addition, the paper will argue that the actual role of landed property in establishing Zionist sovereignty, as Kenneth Stein argues, is only partially correct because Jews owned merely 20% of the arable land of Mandate Palestine by 1947. This alone would never have been sufficient to establish Jewish sovereignty. Both “Tokhnit Dalet” and archival material demonstrate that the Zionist use of military force between the years 1947-49 played a crucial role in acquiring lands and establishing Jewish sovereignty in Palestine. Even before 1948, as I will demonstrate, Zionist settler-colonialism was practiced through the use of force.
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