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Settlers would rather not talk: Marc Carpenter, ‘Rake Up No Old Stories of Evil’: Memory, Celebration, and Erasure of Settler Violence in the American Pacific Northwest, PhD dissertation, University of Oregon, 2021 »

Starving, force feeding, and settler colonialism: M. T. Samuel, ‘The jurisprudence of elimination: starvation and force-feeding of Palestinians in Israel’s highest court’, International Journal of Law in Context, 2021

28Nov21

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.


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