STUDY GUIDES:

Israeli Law

Israeli Military Orders

International Law

International Court of Justice Advisory Opinion on Wall

Background Principles	DETAILS AND QUOTES ILLUSTRATING HOW ISRAELI LAWS LEGALIZE DISCRIMINATION, OPPRESSION AND EXPLOITATION: I. LAWS COMPROMISING DEMOCRACY - Israel compromises the democratic nature of its government ... 1. Lopsided Government - a third way the Israeli Legislature (the Knesset) dominates government --
Point to be Examined	C. Knesset empowering itself to pass "emergency regulations" which can violate previously laws passed, and largely has no legal moral limits;
Details Requested	1) In the first law the Israeli legislature passed, the "Law and Administration Ordinance (1948), it awarded itself in Section 9 the power to pass 'emergency regulations' in emergency situations which may "may alter any law, suspend its effect or modify it, and may also impose or increase taxes or other obligatory payments". Since 1948 the Knesset has passed hundreds of such regulations covering everything from shipping to immigration;   LAW AND ADMINISTRATION ORDINANCE No. 1 of 5708-1948 Emergency regulations. 9. (a) If the Provisional Council of State deems it expedient so to do, it may declare that a state of emergency exists in the State, and upon such declaration being published in the Official Gazette, the Provisional Government may authorise the Prime Minister or any other Minister to make such emergency regulations as may seem to him expedient in the interests.of the defence of the State, public security and the maintenance of supplies and essential services. (b) An emergency regulation may alter any law, suspend its effect or modify it, and may also impose or increase taxes or other obligatory payments. (c) An emergency regulation shall expire three months after it is made, unless it is extended, or revoked at an earlier date, by an Ordinance of the Provisional Council of State, or revoked by the regulation-making authority. (d) Whenever the Provisional Council of State thinks fit, it shall declare that the state of emergency has ceased to exist, and upon such declaration being published in the Official Gazette, the emergency regulations shall expire on the date or dates prescribed in such declaration. 2) The above law stated in Section 9(a) that passing emergency regulations was only ok when the Knesset had declared that the State of Israel is in an emergency. It has declared such a state continuously since the establishment of the State of Israel in 1948. 3) The Knesset ok'ed the use within the State of Israel of the Defense (Emergency) Regulations of 1945 in the 24th amendment of the "Law and Administration Ordinance" (1948). These regulations empower the State to violate huge numbers of civil liberties, and were greatly protested by both the Zionists and the Arabs when they were implemented by the British Mandate Government in 1945. 4) In Military Order 224 "Order Concerning Interpretations (Additional Regulations)" (Feb. 1968), the Israeli Military installed the Defense (Emergency) Regulations of 1945 for use in the Occupied Palestinian Territories. Since that time these regulations have been modified extensively.

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(C) Israel Law Resource Center, February, 2007.