| ID | 125666 |
| Title Proper | Black flag at a crossroads |
| Other Title Information | Kafr Qasim political trial (1957-58) |
| Language | ENG |
| Author | Orbach, Danny |
| Publication | 2013. |
| Summary / Abstract (Note) | A political trial, according to Steven E. Barkan, is a trial revolving around highly publicized legal controversies. In some cases, such a trial may determine fundamental political questions, exceeding the legal realm, which are in debate inside a given polity. The 1957-58 trial related to the 1956 massacre in Kafr Qasim, Israel certainly belongs to this category. The trial established the doctrine of a "manifestly unlawful order" in Israeli military law, contributed considerably to the reshaping of civil-military relations, and influenced the civic status of the Arab minority in Israel. In this article, using hitherto underexamined primary sources, I argue that the most important contribution of the trial, the doctrine of a "manifestly unlawful order," was not only a creation of the bench but also a result of a complicated interaction between the actors present in the courtroom: the defendants, their defense lawyers, the prosecutors, and the judges. Above all, the article shows how the bitter struggle between the two main attorneys helped shape the doctrine of a "manifestly unlawful order," that is, an order that is illegal for a soldier to obey. |
| `In' analytical Note | International Journal of Middle East Studies Vol.45, No.3; 2013: p.491-511 |
| Journal Source | International Journal of Middle East Studies Vol.45, No.3; 2013: p.491-511 |
| Key Words | Black Flag ; Kafr Qasim ; Political Trial ; Civil-Military Relations ; Arabs |