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The jurisprudence of elimination: starvation and force-feeding of Palestinians in Israel's highest court.

Authors :
Samuel, M.T.
Source :
International Journal of Law in Context. Jun2022, Vol. 18 Issue 2, p156-174. 19p.
Publication Year :
2022

Abstract

This paper assesses the functioning of law and legal institutions in Palestine/Israel through the lens of settler colonialism by analysing two thematically interconnected decisions issued by the Supreme Court of Israel, the first involving the starvation of besieged Palestinian civilians and the second involving the force-feeding of Palestinian prisoners. Following a discussion regarding the role of law in settler colonialism, it proceeds to argue that the Court enabled, legitimised and legalised state-sanctioned violence that targeted the native Palestinian population by and through a jurisprudence of elimination in order to facilitate the attainment of Israeli settler-colonial objectives. By so doing, the paper provides further evidence in support of the appropriateness of settler colonialism as a theoretical framework for the case of Israel, including in legal matters. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
17445523
Volume :
18
Issue :
2
Database :
Academic Search Index
Journal :
International Journal of Law in Context
Publication Type :
Academic Journal
Accession number :
157321235
Full Text :
https://doi.org/10.1017/S1744552321000598