The Reading Warehouse

During the last decade of the British Mandate for Palestine (1939-1948), Arabs and Jews used the law as a resource to gain leverage against each other and to influence international opinion. The parties invoked transformational legal framing to portray the essentially political-religious conflict as a legal dispute involving claims of justice, injustice and victimization, and giving rise to legal/equitable remedies.

Employing this form of narrative and framing in multiple trials during the first 15 years of the Mandate, the parties continued the practice during the last and most crucial decade of the Mandate. The term trial provides an appropriate typology for understanding the adversarial proceedings during those years in which judges, lawyers, witnesses, cross-examination and legal argumentation played a key role in the conflict. The four trials between 1939-1948 produced three different outcomes: the one-state solution in favour of the Palestinian Arabs, the no-state solution, and the two-state solution embodied in the United Nations November 1947 partition resolution.

This study analyses the role of the law during the last decade of the British Mandate for Palestine, making an essential contribution to the literature on lawfare, framing and narrative and the Arab-Israeli Conflict.