Israeli Military Order

An Israeli Military Order is a general order issued by an Israeli military commander, and applying to occupied territory. It has the force of law, without any democratic control or preceding parliamental approval. Enforcement is subjected to military courts instead of civil courts.

The Military Orders system is still a basic instrument to rule the Palestinian population in the West Bank, in contrast to the Israeli colonists, who are usually subjected to civil courts. Military Orders immediately become law for all Palestinians living in the area.[1] They were issued "in a constant stream" between 1967 and 1994,[2] covering criminal and civil matters as well as security and military matters.

History

Israel inherited the British-imposed 1945 Defence (Emergency) Regulations, applying to whole British Mandatory Palestine. The Regulations included, inter alia, the establishment of military tribunals to try civilians without granting the right of appeal, allowing sweeping searches and seizures, prohibiting publication of books and newspapers,[3] demolishing houses, detaining individuals administratively for an indefinite period, sealing off particular territories, and imposing curfew.[4]

In 1948, the newly formed state of Israel incorporated the Defense (Emergency) Regulations into its national laws, except for "changes resulting from establishment of the State or its authorities.

Although, in 1951, the Knesset decided that the Defense Regulations oppose the basic principles of democracy and directed the Constitution, Law, and Justice Committee to draft a bill for their repeal, they were not abolished. Later prospects for partial repeal were gone upon the outbreak of the 1967 Six-Day War. The military governor in the Occupied Territories issued a military order "freezing" the legal situation then existing there. Since, the Regulations and its system of military orders are extensively used in the Occupied Territories.[4]

Examples of Military Orders

Officially beginning in 1967, the Israeli Military Orders are issued by the General Commanders and carried out by the Israeli Defense Forces and ultimately affect the infrastructure, law, and administration[5] particularly of the Palestinians of the region. Pursuant to Military Orders, the military is authorized to issue declarations holding more detailed orders; see for example Declaration s/2/03 (regarding the Separation Wall).

General Orders to consolidate the occupation

Land

Orders regarding the seizure of land has always been one of the most important means in the maintenance of the occupation. Initially, they were mainly issued for military reasons. Over the years, more and more land was seized for the establishment of settlements.

State land

The IDF has issued numerous Orders to confiscate Palestinian lands by declaring it "State Land".

In January 2009, the IDF issued four Military Orders (No. 484 to 487) to evacuate lands of Nahalin, southwest of Bethlehem under the pretext that the targeted locations are 'State Land'. In the previous 4 years, the military already confiscated Nahalin lands by 25 different Orders, labeling them 'State Land'. Most of the land was in Area C, where Israeli settlers already occupied land of Nahalin since 1967.[14]

West Bank barrier

In 2000, Israel started the construction of the West Bank barrier, about 80% of which on Palestinian land. The Palestinian lands were seized by numerous Military Orders. Often the Wall runs across villages dividing them in separate parts. For example, in Al Jib[15] and Beit Hanina.[16] Many are cut off from their agriculture land, like Beit Ijza.[17] Not only land for the Barrier itself, but also the land between the Wall and the Green Line (the Seam Zone) are confiscated, usually under the pretext of security:

Control over land transactions

Settlements

Water

Since 1967, Israel has issued a number of Orders to deny the Palestinians access to their water resources.

The combination of these two orders 158 and 92 gives the Israeli authorities complete control over the entire water supplies in the West Bank and Gaza. Only the Head, appointed by the Area Commander, has influence in any issue regarding “transportation, extraction, export, consumption, sale, distribution, inspection of its use, purification, allotment of shares, the establishment of water projects, measurement, prevention of contamination, carrying out of studies and measurements in anything that deals with water matters, drilling wells, hearing of objections and all proceedings dealing with any of the above laws, etc., fixing and collecting fees, taxes and any payments for any of the above and any other matter which has not been mentioned specifically above which deals in any way whatsoever with water subjects.” For example, Article 4(A) of Order 158 specifically states that “it shall not be permissible for any person to set up or to assemble or to possess or to operate a water installation unless he has obtained a license from the Area Commander.”[23] And although the exact number of granted licenses is disputed, the percentage is relatively small.

Agriculture

Protests, gathering and political activities

Freedom of movement

Criminal Code and Military Court

Import and export

Other Military Orders

Legal authority

The Israeli Military Orders are enacted in In accordance to Article 43 of the Hague Regulations, ratified at the Hague Conventions. The Hague regulatins authorize the military occupier of territories to implement new laws, intending to ensure ‘public order’ (translated from French). In reference to “Military Authority Over the Territory of the Hostile State,” Article 43 of the Hague Regulations states, “The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country”[30][31] The interpretation and application of this Article was initially analyzed by the Israeli Supreme Court.

Initial Applications of the Hague Regulations

One of the first applications of Article 43, which was deemed valid by the Israeli Supreme Court was the case of the Jerusalem District Electricity Company. The Court concluded that it was the military’s responsibility to address the economic welfare of the local population (in Jerusalem), and therefore should help meet the local demand for electricity for the Palestinians and Jewish settlers, specifically in the settlement of Kiryat Arba alike. However, the Supreme Court also validated the military’s prohibition of the “Al-Talia,” an Arab-centric weekly newspaper.

More significantly, the Supreme Court ruled that the military commander had the right to impose a “value tax”[32][33] needed to obtain resources in order to fulfill the ‘public order and safety’ clause of Article 43. Much to the petitioners’ dismay, the law remained valid. Finally, the Supreme Court ruled in approval of the military’s confiscation of petitioners’ land, in order to build roads ultimately connecting the West Bank with Israel. The Court saw this as ensuring public order and growth. These cases all served to establish the role of the Hague Regulations, specifically that of Article 43, to be played in the context of Israel’s occupancy of the former Palestine.

See also

References

  1. Gordon, 2008 p. 27
  2. Brown 2003, p. 47
  3. Ben-Zvi, Abraham (December 2005). "The Limits of Israel's Democracy in the Shadow of Security" (PDF). Taiwan Journal of Democracy. 1 (2): 6. Retrieved 4 May 2012.
  4. 1 2 Defense (Emergency) Regulations. B'Tselem. Accessed January 2014
  5. Playfair, Emma (1992). International Law and the Administration of Occupied Territories. Oxford: Clarendon Press.
  6. 1 2 3 4 Israeli military orders relevant to the arrest, detention and prosecution of Palestinians. Addameer. Accessed January 2014
  7. PCHR Condemn New Israeli Military Orders Aimed at Expelling West Bank Palestinians. PCHR, 12 April 2010
  8. Order No. 1650—Order regarding Prevention of Infiltration (Amendment No. 2) (unofficial translation). HaMoked. Accessed January 2014
  9. Israel Military Order No. 947 Concerning theEstablishment of a Civilian Administration. Israel Law Resource Center
  10. Shehadeh, Raja (1985). Occupier's Law, Israel and the West Bank. Washington DC: Institute for Palestine Studies. p. 70.
  11. The West Bank – a closed military zone. On Safe passage. Gisha, accessed 15 February 2014
  12. Note 10 annex The Israeli Policy of Closure. PCHR, 20 December 1996
  13. NGO report to the UN. AL-MARSAD - The Arab Centre for Human Rights in the Golan Heights. 25 January 2007
  14. 1 2 Under the pretext of State Property "The Israeli Occupation Authorities confiscate land in Nahhalin village". ARIJ, 5 March 2009
  15. Israel’s Segregation Wall Encircles Three Palestinian Villages in Northwest Jerusalem. ARIJ, 7 May 2005
  16. Lands of Beit Hanina (Al-Balad) village threatened by the Israeli Segregation Wall. Applied Research Institute (ARIJ), 8 August 2006
  17. The Israeli colonization activities in Beit Ijza Village. ARIJ, 16 October 2006
  18. PLO-NAD, Israeli Military Order Declaring West Bank Land Between Israel's 1967 Border and the Wall as a ″Closed Zone″. Accessed January 2014
  19. Land Grab: Israel's Settlement Policy in the West Bank, p.62. B'Tselem, May 2002. On Summary
  20. Land Grab: Israel's Settlement Policy in the West Bank, p.67. B'Tselem, May 2002.
  21. 1 2 3 4 5 6 Appendix 1 Israeli military orders regarding water. Palestinian Water Authority. Accessed February 2014
  22. 1 2 3 Troubled Waters–Palestinians denied fair access to water, p. 15 + note 35 on p. 103. Amnesty International, October 2009. On Israel rations Palestinians to trickle of water
  23. Shehadeh, Raja (1985). Occupier's Law, Israel and the West Bank. Washington DC: Institute for Palestine Studies. p. 153. On Google Books
  24. Israel Military Order No. 1051 Concerning the Marketing of Agricultural Products. Israel Law Resource Center
  25. Israel Military Order No. 1015 Concerning Monitoring the Planting of Fruitful Trees. Israel Law Resource Center
  26. Drury, Richard T. and Winn, Robert C. "Plowshares and Swords: The Economics of Occupation in the West Bank". Published by Beacon Press, Boston, MA (1992)
  27. "Israel Military Orders". Israel Law Resource Center. Retrieved 4 May 2012.
  28. Order No. 101, full text. Order No. 101— Order Regarding Prohibition of Incitement and Hostile Propaganda Actions (27 August 1967)
  29. http://www.economist.com/news/middle-east-and-africa/21583674-release-prisoners-touches-palestinians-their-core-why-they-count Palestinian prisoners: Why they count
  30. "Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907.". International Humanitarian Law - Treaties & Documents. Retrieved 4 May 2012.
  31. http://www.icrc.org/ihl.nsf/WebART/195-200053?OpenDocument
  32. Qupty, Mazen (1992). International Law and the Administration of Occupied Territory. Oxford: Clarendon Press. p. 91.
  33. The Application of International Law in the Occupied Territories as Reflected in the Judgments of the High Court of Justice in Israel

Further reading

External links

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