DECOLONISING ISRAEL/PALESTINE: AN APPROACH TO THE LEGAL HISTORY OF THE MIDDLE EAST

This article explores the Israel/Palestine conflict through the lens of legal history, examining how colonial and postcolonial legal frameworks have shaped land governance and territorial disputes. The study traces the evolution of legal systems in the region, from Ottoman land law to British Mandate policies and subsequent Israeli legal adaptations post-1948. It highlights how British colonial administration facilitated land transfers, favouring Jewish settlements while restructuring legal institutions to align with Western legal traditions. The analysis further investigates Israel's post-independence land policies, including the reconfiguration of Ottoman and Mandate-era laws to consolidate state control over Palestinian lands. A key focus is the transformation of waqf (Islamic endowment) properties, which have historically served religious and social welfare functions. The Israeli state’s legal mechanisms to confiscate and repurpose these lands have led to disputes over religious jurisdiction and property rights. Additionally, the article discusses the role of international organizations, particularly the United Nations, in attempting to mediate the conflict and manage Palestinian refugee rights through bodies like UNRWA. The study also considers the legal and geopolitical complexities of Gaza, an area deeply affected by historical land policies and ongoing territorial disputes. The recent war in Gaza underscores the continuing impact of settler-colonial frameworks and international legal challenges, including accusations of war crimes and debates on the legality of military operations. By adopting a legal-historical approach, this paper offers insights into how successive legal regimes have contributed to the protracted nature of the Israel/Palestine conflict. It concludes by assessing potential pathways for resolution, emphasizing the significance of historical legal legacies in shaping contemporary political realities.