This article explores the legal and temporal dimensions of the transition from British Mandate Palestine to the State of Israel on 15 May 1948. I examine the paradoxical character of Israeli jurisdictional claims during this period and argue that it reveals the Israeli state's uncertainty as to whether the Mandate had truly passed into the past. On one hand, Israel recognized the validity of the Mandate administration's jurisdiction until 15 May; I employ the Israeli trial of the British citizen Frederick William Sylvester to demonstrate how Israel even predicated its own jurisdictional claims on their being continuous with those of its predecessor. In this case, the Mandate administration was cast as having entered the realm of the past. Conversely, the Israeli state contested Mandate laws and legal decisions made prior to 15 May to assert its own jurisdictional claims. In the process, Israeli officials belied their efforts to bury their predecessors in the past and implicitly questioned whether the past was in fact behind them. By simultaneously relying upon and disavowing past British legal decisions, the Israeli state staked a claim on being a “completely different political creature” from its British predecessor while retaining its colonial legal structures as the “ultimate standards of reference.” Israel's complex attitude toward its Mandate past directs our attention to how it was created against the backdrop of the receding British Empire and underscores the importance of studying Israel alongside other post-imperial states that emerged from the First World War and the mid-century decolonizing world.
This article examines Zionist/Israeli comparisons and connections to India and Pakistan between 1945 and 1955. While Zionists found striking similarities between the unfolding realities in Palestine/Israel and South Asia, the exact nature of the comparison was quite equivocal. On the diplomatic axis, Israelis sought to establish full diplomatic relations with India by underscoring the similarity of their two nations. Here, comparisons were a way of positioning Israel as an analogue of India. On the technocratic axis, Israelis looked to Pakistan as a model for constructing legal institutions to expropriate Palestinian property. The appeal of Pakistan as a model was due to a perceived glaring difference: Pakistan was a Muslim state, Israel the Jewish State. Meanwhile, as Zionists/Israelis looked to India and Pakistan, Indians returned the gaze. Indian technocrats found the methods Israel used to resettle Jewish refugees and immigrants worthy of emulation. When they came to Israel to study these resettlement efforts, they were-unknowingly-often looking at projects that had been built upon former Palestinian land which the Israeli government had seized using the transplanted Pakistani law-the very same laws that had dispossessed India's new citizens, whom the technocrats were seeking to resettle. This article ultimately uncovers a broader post-imperial technocratic sphere in which nascent states continued to transplant legal institutions developed in other parts of the former colonial world to construct their own.
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