Israeli Military Orders

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. They were issued "in a constant stream" between 1967 and 1994, covering criminal and civil matters as well as security and military matters.

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, demolishing houses, detaining individuals administratively for an indefinite period, sealing off particular territories, and imposing curfew.

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.

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 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).

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