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STUDY GUIDES: Israeli Law Israeli Military Orders International Law International Court of Justice Advisory Opinion on Wall

Background
Principles
  • II. LAWS LEGALIZING DISCRIMINATION & EXPLOITATION - laws that legalize discrimination against non-Jews in Israel ...
    • 3. Veterans' Benefits - Discrimination in awarding of military veteran benefits.
Point to be
Examined
      • A. Service in the military is limited mostly to Jews --
Details
Requested
        • 1) This is first codified in “Defence Army of Israel Ordinance” (1948), section 5, wherein the policies of numbers of pre-State Zionist governments are adopted, which all had Jew-only policies --
           
          DEFENSE ARMY OF ISRAEL ORDINANCE
          (17th Iyar, 5708 (26th May, 1948).)
          Validation. 5. Orders, declarations, regulations and any other directions concerning matters of the national service which were published by the Jewish Agency for Palestine, the General Council (Vaad Leumi) of the Jewish Community in Palestine, the People's Administration, the Provisional Government or any of their departments between the 16th Kislev, 5708 (29th November, 1947) and the date of publication of this Ordinance, shall remain in force so long as they have not been varied, amended or revoked.
        • 2) This section was then cancelled in section 21 in the “Defence Service Law” (1949). But this new law then empowers the Minister of Defence to ban from military service either individuals or a "particular class of persons" for various reasons including undefined ones (sections 12 & 15(a)). Section 15(b) then says that such bannings need not be published in the official government law journal (Reshumot; nor is it published any where else).
           
          DEFENSE SERVICE LAW
          (passed by the Knesset on the 14th Elul, 5709 (8th September, 1949) )
          Release from
          obligation and
          postponement
          of service.
          12. If the Minister of Defence considers that reasons connected with the size of the Regular Forces or the Reserve Forces of the Defence Army of Israel or with the requirements of education, settlement or the national economy, or family reasons, or other similar reasons, so require, he may by order direct --
          • (a) that a person of military age shall be released from the obligation of regular service or that the period of regular service of such a person shall be reduced;
          Orders --
          general
          provision.
          15.
          • (a) An order under section 12 may be either personal or to a particular class of persons. Any other order under this Law may be either general or to a particular class of persons.
          • (b) It shall not be necessary for an order under this Law to be published in Reshumot.
          Revocation
          and saving.
          21.
          • (a) Any order, declaration, regulation and direction validated by section 5 of the Defence Army of Israel Ordinance, 5708-1948(1) and any order made under that Ordinance, are hereby revoked.
        • 3) Then the "Defense Service Law (Consolidated Version) of 1986 passes recruitment decisions to the ‘calling-up officers’ themselves, who then follow the unpublished policy of only accepting applications from Jews, some Druids, Beduoins, and members of certain other native Arab groups, but not the general Palestinian Arab population.


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

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