Lawlessness was the Law: British Armed Forces, the Legal System and the Repression of the Arab Revolt in Palestine, 1936–1939 *

This chapter examines the legal system that bound and directed British servicemen in Palestine after 1936, underpinning counter-rebel operations, to analyse whether the law restricted or legitimised brutality in the country. The issue is partly whether the British operated within the rule of law and partly whether the law was constructed to prevent or legitimise 'brutal' actions. As the law stated, 'The existence of an armed insurrection would justify the use of any degree of force necessary effectually to meet and cope with the insurrection'. While British forces in Palestine during the revolt operated as an aid to the civil power, there was almost full martial law in the country, a situation that further eased civil limits on soldiers' behaviour as under such a 'regime acts might be carried out which would normally be illegal'. While the British improved their methods of tracking rebels, the impact of military operations on villages changed little during the revolt.