In this essay, I identify and examine the legal-rhetorical mode of reasoning that justifies colonial-transformative occupations by legitimizing the repression of indigenous resistance via appeals to self-defense. The discretionary power authorized by the law of occupation in defence of the occupant’s security becomes, in the hands of a prolonged occupying power with territorial ambitions, the door through which an entire cart and horses of colonial apparatus can be driven. The essay traces this mode of reasoning since the early modern period, and exemplifies it in the case of Israel-Palestine.
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In our new issue we feature Joseph Massad’s piece arguing against self-determination. Also in this issue are essays on human rights and promise making, colonial officials and international development, humanitarian neutrality, and Catholic human rights doctrine. The issue rounds off with a review essay on archives, memory and dictatorship.View entire issue >
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Call for Papers: Special Issue of the Canadian Journal of Development Studies on ‘Law, Governance and Development: Critical and Heterodox Approaches’ (co-edited by Mark Toufayan and Siobhan Airey) The myriad legal and policy instruments in the governance of development have shifted and evolved in significant ways in recent years, posing challenges to scholars, historians, policy-makers and practitioners on how to effectively map, analyse and critique their nature and effects. Contributions are being sought (in French and English) for a bilingual Special Issue of the Canadian Continue reading →