Israeli Military Order


An Israeli military order is a general order issued by an Israeli military commander over territory under Israeli military occupation. It has the force of law. Enforcement of such orders is carried out by Israeli military police and military courts instead of civil courts.
Military orders are still a basic instrument of Israeli rule of the Palestinian population in Area B and Area C of the West Bank. In contrast, Israeli civilians living in settlements in the area are usually subjected to civil courts.
Palestinians living in Area A of the West Bank, under full control of the Palestinian Authority, are now mostly subject to its laws and civil jurisdiction. Between the beginning of the Israeli occupation of the West Bank in 1967 and the establishment of the Palestinian Authority under the Oslo Accords in 1994, military orders were issued "in a constant stream," covering both criminal and civil matters as well as security and military matters.

History

Israel inherited the British-imposed 1945 Defence 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 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.

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 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.

General Orders to consolidate the occupation

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 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 and Beit Hanina. Many are cut off from their agriculture land, like Beit Ijza. Not only land for the Barrier itself, but also the land between the Wall and the Green Line are confiscated, usually under the pretext of security:
Since 1967, Israel has issued a number of Orders to deny the Palestinians access to their water resources.
The Israeli Military Orders are enacted in accordance to Article 43 of the Hague Regulations, ratified at the Hague Conventions. The Hague regulations authorize the military occupier of territories to implement new laws, intending to ensure ‘public order’. 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” 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, 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” 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.