ILRC: Study Guide

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ISRAEL LAW RESOURCE CENTER: Study Guide

BASIC CATEGORIES OF ISRAELI LAWS RELEVANT TO CIVIL RIGHTS:

I. LAWS COMPROMISING DEMOCRACY - Israel compromises the democratic nature of its government ...

II. LAWS LEGALIZING DISCRIMINATION & EXPLOITATION - laws that legalize discrimination against non-Jews within Israel, and oppression and exploitation of Palestinian Arabs living in the adjacent occupied Paletinian territories ...

III. LAWS & OTHER MEASURES SUPPRESSING REBELLION - methods and laws (which often violate international laws and standards of human and civil rights) by which the Israeli government suppresses Palestinian rebellion against Israeli discrimination, oppression and exploitation ...

BASIC CATEGORIES OF ISRAELI LAWS RELEVANT TO CIVIL RIGHTS:

I. LAWS COMPROMISING DEMOCRACY - Israel compromises the democratic nature of its government ...
- 1. Lopsided Government - Legislature-dominated government.
- 2. Influential government positions for non-government Jewish organizations.
- 3. Inhibiting Free Speech of Legislators.

II. LAWS LEGALIZING DISCRIMINATION & EXPLOITATION - laws that legalize discrimination against non-Jews within Israel, and oppression and exploitation of Palestinian Arabs living in the adjacent occupied Paletinian territories ...
- 1. Land Laws - Discrimination in Housing.
- 2. Veterans' Benefits - Discrimination in awarding of benefits.
- 3. Preferential Treatment for Jewish Organizations & Events.
- 4. Racist Harassment in Daily Life.
- 5. Unlawful & Inhumane Military Occupation.

III. LAWS & OTHER MEASURES SUPPRESSING REBELLION - methods and laws (which often violate international laws and standards of human and civil rights) by which the Israeli government suppresses Palestinian rebellion against Israeli discrimination, oppression and exploitation ...
- 1. Inhibiting Free Speech of Legislators & Non-Profit Organizations.
- 2. Limited Judicial Protection.
- 3. Legalizing Human Rights Violations.
- 4. Other Measures of Oppression.

HOW THE BASIC CATEGORIES OF LAWS WORK TO VIOLATE CIVIL RIGHTS:

I. LAWS COMPROMISING DEMOCRACY - Israel compromises the democratic nature of its government ...
- 1. Lopsided Government - Legislature-dominated government.
  - A. Not developing a Constitution or Bill of Rights by which to judge the law-making activities of the Knesset;
  - B. Limiting judicial review (until 1995);
  - C. Empowering Knesset to pass "emergency legislation" which can violate previously laws passed, and largely has no legal moral limits;
  - D. Having full control over choice of Executive Branch of the government (the Knesset elects the President of the State who then chooses the Prime Minister and OK's the PM's choice of Ministers which make up his cabinet.
- 2. Influential government positions for non-government Jewish organizations which affect policy and budgeting.
- 3. Inhibiting Free Speech of Legislators and those who run for membership in the Knesset.

II. LAWS LEGALIZING DISCRIMINATION & EXPLOITATION - laws that legalize discrimination against non-Jews within Israel, and oppression and exploitation of Palestinian Arabs living in the adjacent occupied Paletinian territories ...

1. Land Laws - Discrimination in Housing.
- A. Passed Land Laws which expropriate for a variety of reasons land from Palestinians to become state lands, calling them 'Israel Lands';
- B. Passed other Laws which forbid the sale or transfer of 'Israel Lands' to anyone except other Israeli government agencies or the Jewish National Fund;
- C. Passed Laws that create a myriad of land management and development agencies. These agencies then only lease land to Jews such that most Arabs are then confined to less than 5% of the land of Israel. These agencies then limit Arab employment in many areas, and deny the Arab areas a wide range of basic services, and participation in many development, educational and security programs.

2. Veterans' Benefits - Discrimination in awarding of benefits.
- A. Service in the Israeli military is limited mostly to Jews;
- B. Veterans are awarded a wide range of benefits in finance, education, housing, and medical care. While being denied military service, Israeli Arabs are offered no alternative service they can participate in to get these benefits.

3. Preferential Treatment for Jewish Organizations & Events.
- A. Numbers of laws give influential roles in the Israeli government to Jewish political organizations;
- B. Numbers of laws give special funding and privilege to Jewish cultural and religious organizations and events, and position to Jewish religious symbols.

4. Racist Harassment in Daily Life.
- A. Arabs experience racist harassment in Israeli streets, stores, schools, courts, etc.;
- B. Police and government officials usually will not help them.

5. Unlawful & Inhumane Military Occupation.
- A. The Israeli military has been given the role to govern the Arab areas within Israel (upto 1966), and then the Occupied Territories. They do so through the passage of four categories of 'Military Orders', by which they oppress and exploit the local Palestinian population:
  - 1) Creating a separate set of governing, judicial and security systems for the Israeli settlements often tied to Israel;
  - 2) Replacing local Arab institutions (Jordanian in the West Bank, Egyptian in Gaza) of government, judiciary and security with Israeli military committees or committees completely controlled by the military, over which local residents have no democratic say;
  - 3) Creating a web of permits and licenses which control every aspect of the Palestinian economy. Studies have shown that this system of permits have then been used to manipulate the Palestinian economy to the benefit of Israel;
  - 4) Utilizing other methods to constrict Palestinian society that are oppressive and exploitive --
    - (a) Building Israeli settlements on expropriated Palestinian land which are then given all sorts of special privileges;
    - (b) Building a system of by-pass roads for Israeli use only, which helps further slice up occupied Palestine into small enclaves isolated from each other and the outside world;
    - (c) Building a Security Fence/Wall not along Israel's border but through Palestinian communities separating families, and cutting off workers from their jobs, farmers from their fields, students from their schools, etc.
    - (d) Installing a system of military checkpoints throughout occupied Palestine which limit movement in unfair ways, thus further strangling the economy and social life of Palestinian society;
    - (e) Destroying or closing Palestinian civil infrastructure such as walls, bridges, and roads or by building ditches around neighborhoods or business centers which further inhibit movement and isolate Palestinian population centers;
    - (f) Destroying Palestinian economic assets such as office buildings, and port and airport facilities, orchards, and factories which strangle the Palestinian economy and social movement;
    - (g) Destroying Palestinian security facilities such as police stations and jails so that they cannot fulfill peace agreements, or improve their own law enforcement capabilities;
    - (h) Assassinating rebel leaders (many of them moderate who were interested in negotiating with Israel), officially called 'targeted assassination'.

III. LAWS & OTHER MEASURES SUPPRESSING REBELLION - methods and laws (which often violate international laws and standards of human and civil rights) by which the Israeli government suppresses Palestinian rebellion against Israeli discrimination, oppression and exploitation ...
- 1. Inhibiting Free Speech of Legislators & Non-Profit Organizations.
  - A. The Israeli legislature has empowered its Elections Committee to forbade from running for office those who support equal rights for all Israelis, because equal rights for all Israelis would negate the Jewish nature of the State of Israel which requires special privileges for Jews;
  - B. Non-Profit Organizations are required to register with the government their membership lists, and they also face being dissolved by the government if they "threaten the existence of the State of Israel". Some say this can be interpreted to mean the existence of the State of Israel, or the identity of the State of Israel as a Jewish State.
- 2. Limited Judicial Protection.
  - A. The Israeli Supreme Court has largely supported the Israeli government and military in all of the above areas;
- 3. Legalizing Human Rights Violations - Defence (Emergency) Regulations empower the government and military to employ measures of law enforcement that violate international human rights agreements and even ordinary Israeli law and procedures, such as -
  - A. Unlawful association -- empowers an Israeli government official or military commander to declare any body or persons or organization, whether incorporated or not, to be an unlawful association. Thus any person who joins such an organization, or attends their meetings may be subject to fine or imprisonment;
  - B. Censorship of newspapers. This regulation has been expanded to include all forms of modern publication and media (textbooks, videos, etc.);
  - C. Imprisonment (individuals or groups) without charges or trial, called officially 'administrative detention'. The military has amended the regulation to include system of review and appeal;
  - D. Deportation (individuals or groups) without trial or charges;
  - E. Home demolition, or private or commercial property demolition (on individual or entire neighborhoods) without charges or trial;
  - F. Curfew or closures (for individuals or entire neighborhoods or village lands) without charges or trial.

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 - Legislature-dominated government.

A. Not developing a Constitution or Bill of Rights by which to judge the law-making activities of the Knesset -
- 1) Quasi-Constitution -- Even though the Knesset has created a committee to create a Constitution, they have not succeeded. Instead they passed the Harrari Resolution (1950) wherein they resolved to create a special class of national laws, called the Basic Laws, which define the basic institutions and structures and principles of the government of Israel. So far 11 Basic Laws have been created. The Laws are given special protections against too easily changing and updating, but they are not given special status to impact the law-making activities of the Knesset (except the last two);
- 2) Quasi-Bill of Rights -- The last two Basic Laws passed (Basic Law: Freedom of Vocation (1992) and Basic Law: Human Freedom and Dignity (1992)) both have power of judicial review - they can be used to limit and influence the law-making activities of the Knesset. Some consider these two laws to be the beginning of a Bill of Rights because they contain many civil rights (such as right to choose one's vocation, right to privacy, right to property, etc.), but they still do not mention equal rights for all Israelis under the law;

B. Limiting judicial review (until 1995);

1) Israeli Supreme Court ruled that the "Declaration of the Establishment of the State of Israel" cannot be used to affect the law-making activities of the Knesset (Zeev v. Gubernik (1948)) even though it states basic principles for the State (such as equality for all - see below);

THE DECLARATION OF THE ESTABLISHMENT OF THE STATE OF ISRAEL
(14 May, 1948)

THE STATE OF ISRAEL will be open for Jewish immigration and for the Ingathering of the Exiles; it will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.

2) Israeli Supreme Court ruled numbers of times that Israel's quasi-Constitution, called the Basic Laws, are not to have special legal status so that they can be used to pass judgment on the law-making activities of the Knesset (Negev v. State of Israel (1973); Kaniel v. Minister of Justice (1973); and Ressler v. Chairman of Central Elections Knesset Committee (1977));
3) The Knesset also clearly excluded the power of judicial review from its description of the duties of the Supreme Court, in its "Basic Law: The Judiciary" (1984);
4) But then in 1992, the Knesset passed two Basic Laws ("Basic Law: Freedom of Vocation" & "Basic Law: Human Freedom and Dignity") which did include power of judicial review (these laws listed numbers of civil rights, but still did not mention equal rights under the law);
5) Finally in 1995, and again in 1998, the Supreme Court of Israel made rulings giving itself the power of judicial review (Mizrahi Bank v. Migdal Cooperative Village (1995 49 (4) PD 221 (Israel Ministry of Foreign Affairs, 1998) but it still has not used this power on behalf of equal rights for all Israelis under the law.

C. Empowering Knesset to pass "emergency legislation" which can violate previously laws passed, and largely has no legal moral limits;

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.

(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.

D. Having full control over choice of Executive Branch of the government (the Knesset elects the President of the State who then chooses the Prime Minister and OK's the PM's choice of Ministers which make up his cabinet --

1) The President of the State is elected by the Knesset ("Basic Law: The President of the State", Section 3 (1964))

	BASIC LAW: THE PRESIDENT OF THE STATE (passed by the Knesset on the 6th Tamuz, 5724 (16th June 1964))
Election and period of tenure.	3. The President of the State shall be elected by the Knesset for five years.

2) Then the President of the State chooses the Prime Minister who then forms the government ("Basic Law: The Government" (1968), Sections 7a, 13 & 14).

BASIC LAW: THE GOVERNMENT
(passed by the Knesset on the 12th Adar, 5761 (7th March, 2001))

Assignment of
task of forming
Government.

(a) When a new Government has to be constituted, the President of the State shall, after consultation with representatives of party groups in the Knesset, assign the task of forming a Government to a Knesset Member who has notified him that he is prepared to accept the task; the President shall do so within seven days of the publication of the election results, or should the need arise to form a new government; and in the case of the death of the Prime Minister, within 14 days of his death.

Formation of
Government.

13.

(a) Where the President of the State has assigned to a Knesset Member the task of forming a Government, he shall notify the Speaker of the Knesset to such effect, and the Speaker of the Knesset shall notify the Knesset.
(b) Where the Knesset Member has formed a Government, he shall notify the President of the State and the Speaker of the Knesset to such effect, and the Speaker of the Knesset shall notify the Knesset and set a date for the presentation of the Government to the Knesset within seven days of such notification.
(c) The Knesset Member who has formed a Government shall head it.
(d) When a Government has been formed, it shall present itself to the Knesset, shall announce the basic lines of its policy, its composition and the distribution of functions among the Ministers, and shall ask for an expression of confidence. The Government is constituted when the Knesset has expressed confidence in it, and the Ministers shall thereupon assume office.

Declaration of
allegience.

14. As soon as, or as soon as possible after, the Knesset has expressed confidence in the Government, the Prime Minister shall make before the Knesset the following declaration of allegiance:

"I (name) as Prime Minister undertake to uphold the State of Israel and its laws, to faithfully fulfil my role as the Prime Minister and to comply with the decisions of the Knesset."

3) The Prime Minister must be a member of the Knesset ("Basic Law: The Government", Section 5b(1968))

	BASIC LAW: THE GOVERNMENT (passed by the Knesset on the 12th Adar, 5761 (7th March, 2001))
Composition.	5. (a) The Government is composed of a Prime Minister and other Ministers. (b) The Prime Minister shall be a member of the Knesset. A Minister need not be a member of the Knesset.

4) The government holds office by virtue of the Knesset ("Basic Law: The Government", Section 3), and the government is collectively responsible to the Knesset ("Basic Law: The Government", section 4).

	BASIC LAW: THE GOVERNMENT (passed by the Knesset on the 12th Adar, 5761 (7th March, 2001))
Confidence of the Knesset.	3. The Government holds office by virtue of the confidence of the Knesset.
Responsibility.	4. The Government is collectively responsible to the Knesset; each Minister is responsible to the Prime Minister for the field of responsibility with which the Minister has been charged.

2. Giving Jewish organizations and events special influence and funding.

A. Giving Government positions to non-Government Jewish political organizations which affect policy and budgeting. Some sample laws -

1) "World Zionist Organization - Jewish Agency (Status) Law" (1952) (view this entire law). This law briefly introduces the special relationship between the WZO and the Israeli government, and refers to a special covenant (signed in 1979) where the details are outlined;

2) "Keren Kayamet Le-Israel Law" (1953) (this is the Hebrew name of the Jewish National Fund, a division of the World Zionist Organization, a non-profit non-government organization. The special government relationship and privileges of the JNF are outlined in a special covenant negotiated with the Israeli government, published in Yalkut Ha-Pirsumim (1954)). This particular law recreates the Jewish National Fund into a Jewish coporation (originally it was a British corporation). In the law, it codifies in section 6 how the new JNF has the same legal status as the old one, and in section 10 how the JNF is not taxed;

	KEREN KAYAMET LE-ISRAEL LAW (passed by the Knesset on the 16th Kislev, 5714 (23rd November, 1953))
Power under Land (Acqui- sition for Public Purposes) Ordinance, 1943.	6. For the purposes of section 22 of the Land (Acquisition for Public Purposes) Ordinance, 1943(2), the new company shall have the same status as a local authority.
Exemption from transfer dues.	10. Any transfer of assets or liabilities, any amendment of a registration and any other act done in consequence of a transfer as referred to in section 8 or in carrying out an agreement as referred to in section 9 are exempt from any tax, fee or other charge payable to the State or a local authority.

3) "Vegetable Production and Marketing Board Law" (1959);

	VEGETABLE PRODUCTION AND MARKETING BOARD LAW (passed by the Knesset 6 August, 1959)
Composition of Board.	5. (a) The Ministers shall prescribe the number of the members of the Board, which shall not be less than forty; the Board shalI include representatives of the Government, representatives of the World Zionist Organisation-Jewish Agency (hereinafter referred to as "the Agency") and representatives of the public.

4) "Peanut Production and Marketing Board Law" (1959);

	PEANUT PRODUCTION AND MARKETING BOARD LAW (passed by the Knesset 4 March, 1959)
Composition of Board.	5. (a) The Ministers shall prescribe the number of the members of the Board, which shall not be less than twenty; the Board shall include representatives of the public, one representative of the World Zionist Organisation -- Jewish Agency (hereinafter referred to as "the Agency") and representatives of the Government.

5) "Egg and Poultry Board (Production and Marketing) Law" (1963);

	EGG AND POULTRY BOARD (PRODUCTION AND MARKETING) LAW (passed by the Knesset 18 November, 1963)
Composition of Board.	5. The Ministers shall prescribe the number of the members of the Board, who shall not be fewer than forty and not more than fifty and who shall include representatives of the Government, representatives of the World Zionist Organisation-Jewish Agency for Eretz Israel (hereinafter referred to as "the Agency") and representatives of the public.

6) "Planning and Building Law" (1965). Some local committees set up by this law had representation on them also from the various the Jewish Agency, the Jewish National Fund, and even representatives of the radical settlers movement. This gives unfair advantage to Israelis, and leads to discrimination against Palestinians. For example, it was under this law that over 40 Palestinian villages were zoned out of existence even though they had been there for hundreds of years. They were then denied basic civil services (electricity, sewage maintenance, etc.). This was protested to the Israeli Supreme Court and then to the United Nations, who were able to win for the villagers some consessions, but the fight continues. In the full law, you can read the sweeping powers over private property that this government board is awarded.

PLANNING AND BUILDING LAW
(passed by the Knesset 14 July, 1965)

National Board.

(a) There shall be established a National Board for Planning and Building (hereinafter referred to as "the National Board") to advise the Government as to everything relating to general policy in the implementation of this Law, including matters of legislation, and to carry out the other functions assigned to it by this Law and by any other law.
(b) The National Board shall consist of -
- (11) a representative of the settlement institutions, appointed by the Minister of the Interior upon the recommendation of the Jewish Agency;

7) "Fruit and Vegetables Products Boards (Production and Export) Law" (1973);

8) "Fruit Board (Production and Marketing) Law" (1973);

	FRUIT BOARD (PRODUCTION AND MARKETING) LAW (passed by the Knesset 25 July, 1973)
Composition appointment and membership of Board.	4. (c) The Minister may prescribe that one of the representatives of the public shall be a representative of the World Zionist Organisation-Jewish Agency for Eretz Israel.

9) "Fruit Board (Production and Marketing)(Regulation of Planting Fruit Orchards) Regulations" (1975);
10) "Flower Board (Export and Marketing) Law" (1976);
11) "Budget Law" (1981)).

3. Inhibiting Free Speech of Legislators.

A. Limiting free speech of those who run for office in the legislature.

1) The Knesset passed the famous 9th amendment (1985) of the "Basic Law: The Knesset" (1958), which declared that candidates who negated "the existence of the State of Israel as the state of the Jewish people" could be forbidden from running for membership in the Knesset. Advocating for equal rights was included in this by the government and the courts because equal rights for all Israelis would by definition negate "the existence of the State of Israel as the state of the Jewish people"

BASIC LAW: THE KNESSET (AMENDMENT NO. 9)
(passed by the Knesset on the 13th Av, 5745 (31st July, 1985))

Amendment of
section 7A.

1. In the Basic Law: The Knesset(1), the following section shall be inserted after section 7:

"Prevention of
participation
of
candidate's
list.

7A. A candidates' list shall not participate in elections to the Knesset if its objects or actions, expressly or by implication, include one of the following:

(1) negation of the existence of the State of Israel as the state of the Jewish people;
(2) negation of the democratic character of the State;
(3) incitement to racism.".

2) This was reaffirmed in the Political Parties Law (1992).

1. Land Laws - Discrimination in Housing.

A. The Knesset passed Land Laws which expropriate for a variety of reasons land from Palestinians to become state lands, calling them 'Israel Lands' (a tiny sample of laws:

1) "Emergency Regulation (Requisition of Property) Ordinance" (1948) This was the initial legislation which gave the Israeli government the right to take Palestinian lands. The reasoning that could be used to do this are listed therein. The required state of emergency had been declared almost immediately in mid-1948, and has been in place since then up to the present.

EMERGENCY REGULATION (REQUISITION OF PROPERTY) ORDINANCE
(passed by the Knesset on the 22nd Cheshvan, 5710 (14th November, 1949))

Basis for
exercise of
power.

(a) A competent authority shall not make a land requisition order or housing order under this Law, save in a time of emergency.
(b) A competent authority shall not make a land requisition order or housing order under this Law unless he is satisfied that the making of the order is necessary for the defence of the state, public security, the maintenance of essential supplies or essential public services, the absorption of immigrants or the rehabilitation of ex-soldiers or war invalids.

2) "Abandoned Areas Ordinance" (1948) In this law in section 2(a), the Knesset gave the government the power to declare any area abandoned and to thus expropriate it as state lands. Unfortunately, as required in section 2(b), many places of Islamic worship were not respected because no one was around to protest, and thus were either flattened or turned into libraries, community centers, etc. (for example).

ABANDONED AREAS ORDINANCE
No. 12 of 5708—1948

Powers of
Government.

(a) The Government may, by order, declare any area or place conquered, surrendered or deserted as specified in section 1 (a) to be an abandoned area, and upon such declaration being made, such area shall be considered an abandoned area for the purposes of this Ordinance and any regulation made thereunder.
(b). For the purposes of this Ordinance the Government may, by order, extend the whole or any part of the existing law to any abandoned area, subject to the safeguarding of the right of worship and the other religious rights of the inhabitants in so far as the safeguarding of such rights does not prejudice public security and order, and may also empower the Prime Minister or any other Minister to make such regulations as he may deem expedient as to matters relating to the defence of the State, public security, supply and essential services, schools, hospitals and clinics, health, labour, police or Arab Settlement Police, courts and the appointment of judges-whether with full or with limited jurisdiction--prisons, lock-ups and places of detention, and the expropriation and confiscation of movable and immovable property, within any abandoned area.

3) "Absentees' Property Law" (1950) - the law where the Israeli government confiscated the property of Palestinians (land and everything on it) who left during the fighting in 1948, and gave it over to a government agent (Custodian of Absentees' Property) who then did with it what he wished. In section 1(b), the law defines "absentee". In section 2 and 4, the government appoints the Custodian and gives him full government level powers and protections, and full rights over the property. During the fighting and afterward, over 500 Palestinian villages were flattened.

	ABSENTEES' PROPERTY LAW (passed by the Knesset on the 25th Adar, 5710 (14th March 1950))
	1. In this Law -- (b) "absentee" means - (1) a person who, at any time during the period between the 16th Kislev, 5708 (29th November, 1947) and the day on which a declaration is published, under section 9(d) of the Law and Administration Ordinance, 5708-1948(1), that the state of emergency declared by the Provisional Council of State on the 10th Iyar, 5708 (19th May, 1948)(2) has ceased to exist, was a legal owner of any property situated in the area of Israel or enjoyed or held it, whether by himself or through another, and who, at any time during the said period - (i) was a national or citizen of the Lebanon, Egypt, Syria, SaudiArabia, Trans-Jordan, Iraq or the Yemen, or (ii) was in one of these countries or in any part of Palestine outside the area of Israel, or (iii) was a Palestinian citizen and left his ordinary place of residence in Palestine (a) for a place outside Palestine before the 27th Av, 5708 (1st September, 1948); or (b) for a place in Palestine held at the time by forces which sought to prevent the establishment of the State of Israel or which fought against it after its establishment;
Custodian of Absentees' Property.	2. (a) The Minister of Finance shall appoint, by order published in Reshumot, a Custodianship Council for Absentees' Property, and shall designate one of its members to be the chairman of the Council. The chairman of the Council shall be called the Custodian. (b) The Custodian may bring an action and institute any other legal proceeding against any person and be a plaintiff, defendant or otherwise a party in any legal proceeding. (c) The Custodian is entitled to be represented in any legal proceeding by the Attorney-General or his representative.
Vesting of absentees' property in Custodian.	4. (a) Subject to the provisions of this Law - (1) all absentees' property is hereby vested in the Custodian as from the day of publication of his appointment or the day on which it became absentees' property, whichever is the later date; (2), every right an absentee had in any property shall pass automatically to the Custodian at the time of the vesting of the property; and the status of the Custodian shall be the same as was that of the owner of the property. (b) The proceeds of vested property shall be dealt with like the vested property yielding the proceeds. (c) Vested property - (1) shall remain vested property so long as it has not become released property under section 28 or ceased to be absentees' property under section 27; (2) may be taken over by the Custodian wherever he may find it. (d) Where the Custodian has acquired any property which was not absentees' property at the time of the acquisition, in exchange for vested property, the acquired property shall become held property and shall be dealt with as was the property in exchange for which it was acquired.

4) "Development Authority (Transfer of Property) Law" (1950) This law creates a government land acquisition and development agency which has the right to take land without limits (section 3(1), but yet it cannot sell or transfer public lands except to other agencies of the Israeli government or to the Jewish National Fund (JNF) (as per section 3(4)(a)) (the institute for "landless" Arabs named therein has never been created). And then any other land has to be offered first to the JNF (as per section 3(4)(b)).

	DEVELOPMENT AUTHORITY (TRANSFER OF PROPERTY) LAW (passed by the Knesset on the 17th Av, 5710 (31st July, 1950))
Development Authority.	2. (a) The Government may, by order published in Reshumot, appoint a body of persons to be an Authority for the Development of the Country (in this Law called: "the Development Authority"). (b) The Development entity shall be a corporate body and shall be authorized to enter into contracts, possess and acquire property and to be a party in any legal or other proceeding.
Powers.	3. The Development Authority is competent - (1) to buy, rent, take on lease, take in exchange or otherwise acquire property; (2) to build, erect, pave, alter, repair, complete, improve, develop, carry on, maintain, manage, operate or regulate buildings, ways, roads, railways, bridges, canals, mines, lines of communication, ports, airfields, factories, irrigation schemes, afforestation schemes. electric power plants, transport enterprises, waterworks, settlement schemes, housing schemes and other undertakings; (3) to develop, complete, meliorate, merge, cultivate and reclaim property; (4) to sell or otherwise dispose of, let, grant leases of, and mortgage property; provided that -- (a) the Development Authority shall not be authorised to sell, or otherwise transfer the right of ownership of, property passing into public ownership, except to the State, to the Jewish National Fund, to an institution approved by the Government, for the purposes of this paragraph, as an institution for the settlement of landless Arabs, or to a local authority; the right of ownership of land so acquired may not be re-transferred except, with the consent of the Development Authority, to one of the bodies mentioned in this subparagraph; (b) the Development Authority shall not be authorised to sell immovable property not being land passing into public ownership, unless such property has first been offered to the Jewish National Fund, and the Jewish National Fund has not agreed to acquire it within a period fixed by the Development Authority; (c) the total area of immovable property, not being land passing into public ownership, which the Development Authority may sell, or the right of ownership of which it may otherwise transfer, shall not exceed 100,000 dunams, but immovable property acquired by any of the bodies mentioned in subparagraph (a) shall not be taken into account for the purposes of this subparagraph; (d) the sale, or the transfer of the right of ownership in any other way, of immovable property, being land passing into public ownership or other immovable property, shall be effected by decision of the Government in each individual case; (5) to borrow or lend moneys, to obtain or grant credits, and to guarantee debts or contracts of other persons; (6) to establish, join, or initiate or encourage the establishment of, companies, cooperative societies, partnerships and other bodies; (7) to act as guardian, curator, trustee, agent or attorney of any and in respect of any matter; (8) to employ agents, officials and other employees and to prescribe their conditions of service; (9) to do anything necessary for the exercise of any of its powers; (10) to exercise any of its powers together or in partnership with the organs of the State, the Jewish Agency, the Jewish National Fund, local authorities, companies, cooperative societies and other bodies or persons.

5) "State Property Law" (1951) - this law codifies as regular law the provisions of the "Emergency Regulation (Requisition of Property) Ordinance" of 1948 so that the ability of the government to expropriate private land "as it may think fit" is not dependent on there being a state of emergency, as per section 4. This law also transfers to the state all lands controlled or owned by the British Mandate government (Palestine Authorities) (section 2), as well as any property that was abandoned in the 1948 fighting, or otherwise appears ownerless (section 3). But again, it forbids the government from selling this land in section 5(b) once it has acquired it.

	STATE PROPERTY LAW (passed by the Knesset on the 30th Shevat, 5711 (6th February, 1951))
Property of the Palestine authorities to be State property.	2. Property of the Palestine authorities, situate in Israel, is property of the State of Israel as from the 6th Iyar, 5708 (15th May, 1948).
Ownerless property to be State property.	3. Ownerless property situate in Israel is property of the State of Israel as from the day of its becoming ownerless or as from the 6th Iyar, 5708 (15th May, 1948), whichever is the later date.
Acquisition etc. of pro- perty on be- half of the State.	4. The Government may, on behalf of the State, acquire by way of purchase or exchange or in any other manner, hire, take on lease or otherwise acquire rights in, property situate in or out of Israel, on such conditions as it may think fit.
Transactions involving State pro- perty.	5. (a) Subject to the provisions of subsections (b) and (c), the Government, may, on behalf of the State, sell or otherwise dispose of, let, grant the lease of, exchange, mortgage, partition, divide, amalgamate, permit the use or exploitation of or otherwise grant rights in State property, whether of the kind referred to in section 2 or 3 or other State property, situate in or out of Israel, on such conditions as it may think fit. (b) (1) The Government shall not, on behalf of the State, sell or otherwise transfer the right of ownership of State property, being immovable property other than urban property, situate in Israel.

6) "Land Acquisition (Validation of Acts and Compensation) Law" (1953) -- this law reaffirms the rights of the government to take over lands it deems abandoned or ownerless, or which was otherwise acquired (section 2), awards it to the Development Agency (section 2), but then sets up procedures to compensate owners if they come forward in money (section 3). But usually they cannot get their land back, or get compensation with other land. The end result is that Palestinian citizens of Israel are now confined to less than 5% of the land of Israel.

	LAND ACQUISITION (VALIDATION OF ACTS AND COMPENSATION) LAW (passed by the Knesset on the 23rd Adar, 5713 (10th March, 1953))
Acquisition of land for purposes of development, settlement, or security.	2. (a) Property in respect of which the Minister certifies by certificate under his hand-- (1) that on the 6th Nisan, 5712 (1st April, 1952) it was not in the possession of its owners; and (2) that within the period between the 5th Iyar, 5708 (14th May, 1948) and the 6th Nisan, 5712 (Ist April 1952) it was used or assigned for purposes of essential development, settlement or security; and . (3) that it is still required for any of these purposes-- shall vest in the Development Authority and be regarded as free from any charge, and the Development Authority may forthwith take possession thereof.
Right to Compensa- tion.	3. (a) The owners of acquired property are entitled to compensation therefore from the Development Authority. The compensation shall be given in money, unless otherwise agreed between the owners and the Development Authority. The amount of compensation shall be fixed by agreement between the Development Authority and the owners or, in the absence of agreement, by the Court, as hereinafter provided.

7) "National Parks, Nature Reserves and National Sites Law" (1963)) - gives the government the right to expropriate private lands to be used as wilderness parks or historic preserves. But this then became part of public lands which then could not be sold or leased to non-Jews. In the occupied territories, a similar law was created, but then some "wilderness areas" were then turned over to the settlements for development.

B. All of the above laws plus others then forbade the sale or transfer of 'Israel Lands' to anyone except other Israeli government agencies or the Jewish National Fund, which then adopted policies to lease that land only to Jews (sample policy and laws - Jewish National Fund Report to 16th Congress (1929, forbids sale or lease to non-Jews); "Development Authority (Transfer of Property) Law" (1950) (see sections 3(a & b) above); "State Property Law" (1951) (see section 5(b) above); and "Basic Law: Israel Lands" (1960) (see section 1 below); and "Israel Lands Law" (1960), section 2 below, which describes important exceptions such as urban lands, or lands that were given in compensation):

	BASIC LAW: ISRAEL LANDS (Passed by the Knesset on the 24th Tammuz, 5720 (19th July, 1960))
Prohibition of transfer of ownership.	1. The ownership of Israel lands, being the lands in Israel of the State, the Development Authority or the Keren Kayemet Le-Israel, shall not be transferred either by sale or in any other manner.

ISRAEL LANDS LAW
(passed by the Knesset on the 1st Av, 5720 (25th July, 1960))

Permission
to transfer
ownership.

2. Section 1 of the Basic Law shall not apply to the following classes of transactions:

(1) acts of the Development Authority under the Land Acquisition (Validation of Acts and Compensation) Law, 5713-1953 ;
(2) the transfer of the ownership of Israel lands, in accordance with rules to be prescribed by regulations with the approval of the Finance Committee of the Knesset, to absentees, or heirs of absentees, who are in Israel, in substitution for lands vested in the Custodian of Absentees' Property by virtue of the Absentees' Property Law, 5710-1950;
(3) the transfer of the ownership of Israel lands in fulfilment of an undertaking validly entered into or a liability validly created, in respect of those lands before the coming into force of the Basic Law;
(4) the transfer of the ownership of Israel lands in exchange for, or as compensation for, lands, other than Israel lands, expropriated by virtue of any Law: Provided that agricultural land shall not be exchanged for urban land except under special circumstances and with the approval of the Minister of Agriculture;
(5) the transfer of the ownership of Israel lands in so far as necessary for the rectification of boundaries or the rounding off of properties: Provided that the area of the lands shall not in any one instance exceed one hundred dunams ; where the transfer is without consideration, it shall require the approval of the Finance Committee of the Knesset;
(6) the transfer of the ownership of Israel lands between the State, the Development Authority and the Keren Kayemet LeIsrael ; however, the transfer of the ownership of lands of the State or lands of the Development Authority to the Keren Kayemet Le-Israel shall require the approval of the Finance Committee of the Knesset;
(7) the transfer of the ownership of lands of the State or lands of the Development Authority for the purpose of non-agricultural development and the transfer of the ownership of lands as aforesaid which are urban land: Provided that the area of all the transfers under this paragraph shall not in the aggregate exceed one hundred thousand dunams;

Provided that a transfer of the ownership of lands of the Keren Kayemet Le-Israel shall not be made save with the approval thereof.

C. Thus only urban land could be sold or transferred. The government agencies and the Jewish National Fund (Keren Kayamet Le-Israel) handling the development of non-urban lands adopted policies that that land then could not be sold (unless it was less than 100 dunums and was used only to round off borders), but could only be leased to Jews.
The main examples of this are found in various reports of the Jewish National Fund to its parent organization, the International Zionist Organization (such as the report to the 16th Congress (1929) wherein it clearly enunciates its policy to forbid land sales or leasing to non-Jews). When the Jewish National Fund (originally incorporated in England) was re-constituted as a Israeli Corporation by the Keren Kayamet Le-Israel Law (1953), most of the old by-laws and rules of association and rights and powers were transferred to the new Israeli corporation, including the rule that JNF lands could only be leased to Jews.
State lands not owned by the JNF are managed by the Israel Lands Administration whose policies are set by the Israel Lands Council (as per the Israel Lands Administration Law (1960)), which has established special committees to oversee lease agreements. These special committees consist of representatives of the government and the JNF, the Jewish Agency, and the Settlement Councils. All these groups (except the government) have clear policies to only lease to Jews, or that their mission is to develop Jewish communities only.

2. Veterans' Benefits - Discrimination in awarding of benefits.

A. Service in the military is limited mostly to Jews (first codified in “Defence Army of Israel Ordinance” (1948), section 5, but which was then cancelled in section 21 in the “Defence Service Law” (1949). But this new law empowers the Minister of Defence to ban from military service either individuals or a "particular class of persons" for undefined reasons. 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). 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.

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.

	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.

B. Military veterans are then awarded a wide range of benefits in finance, education, housing, employment, and medical care. Palestinian Arabs are offered no alternative service they can participate in to get similar benefits (some sample laws -- "Discharged Soldiers (Return to Work) Law" (1949); "Grants to Soldiers and their Families Regulations" (1970); "Income Tax (Benefits for Discharged Soldiers) (Temporary Provision) Law" (1981); "Discharged Soldiers Law" (1984); "Discharged Soldiers (Re-Adjustment Grant) Law" (1988); Ministry of Construction & Housing, policy concerning awarding special mortgage rates to military veterans and their families; Ministry of Construction & Housing, policy concerning awarding special development grants and loans to military veterans and their families; Ministry of Education & Culture, policy concerning awarding subsidized university fees to military veterans and their families).
The above Laws should be read in their entirety with the understanding that all the benefits described therein are unavailable to most Arabs automatically simply because most Arabs are forbidden from serving in the military. In addition, military veterans and their families are awarded benefits throughout Israeli society. And no alternative national service opportunities are provided so that Arabs can be awarded such benefits in some other way. This is discriminatory.

3. Preferential Treatment for Jewish Organizations & Events.

A. Giving Government positions and special benefits to non-Government Jewish political organizations which affect policy and budgeting (small sample of laws: "World Zionist Organization - Jewish Agency (Status) Law" (1952) (view entire law); "Keren Kayamet Le-Israel Law" (1953); "Vegetable Production and Marketing Board Law" (1959); "Peanut Production and Marketing Board Law" (1959); "Egg and Poultry Board (Production and Marketing) Law" (1963); "Planning and Building Law" (1965); "Fruit and Vegetables Products Boards (Production and Export) Law" (1973); "Fruit Board (Production and Marketing) Law" (1973); "Fruit Board (Production and Marketing)(Regulation of Planting Fruit Orchards) Regulations" (1975); "Flower Board (Export and Marketing) Law" (1976); Budget Law (1981)). Please see above in the section on how Israeli democracy is compromised, for details.
This category of discrimination is listed above because it compromises Israeli democracy. But it also is listed here because it leads to direct discrimination in both Israel and the Occupied Territories because these agricultural boards control the agricultural industries in both areas. In the same way, as described above, the Planning and Building Boards discriminate against Palestinian land owners. The World Zionist Organization is a non-government agency set up to help Jews only. No problem - all ethnic groups and religions have self-help organizations, but in this case in Israel this agency is given government level influence and powers, which thus leads indirectly to government level discrimination.

B. Giving special funding and attention to Jewish cultural and religious institutions and holidays and symbols. A small sample of government laws favoring Judaism:

1) "Flag and Emblem Law" (1949) installs Jewish religious symbols as state symbols.

FLAG AND EMBLEM LAW
(passed by the Knesset on the 19th Iyar, 5709 (18th May, 1949))

Inter-
pretation.

(a) "State flag" means the flag which the Provisional Council of State, on the 25th Tishri, 5709 (28th October, 1948)(1), proclaimed as the flag of the State of Israel, or a flag, of any size whatsoever, similar in design to the said flag, and includes any object bearing the design of the State flag.
(b) "State emblem" means the emblem which the Provisional Council of State, on the 11th Shevat, 5709, (10th February, 1949)(1) proclaimed as the emblem of the State of Israel.

2) "Religious Jewish Services Law" (1971)

3) "Chief Rabbinate of Israel Law" (1980) government laws are used to define Jewish religious bureaucracy.

	CHIEF RABBINATE OF ISRAEL LAW (passed by the Knesset on the 2nd Nisan, 5740 (19th March, 1980))
Functions of Council.	2. The functions of the Council are - (1) the giving of responsa and opinions on matters of halacha (religious law) to persons seeking its advice; (2) activities aimed at bringing the public closer to the values of tora (religious learning) and mitzvot (religious duties); (3) the issue of certificates of ritual fitness (kashrut) (hekhsher certificates); (4) the conferment of eligibility to serve as a dayan (judge of a religious court) under the Dayanim Law, 5715-1955(2); (5) the conferment of eligibility to serve as a town rabbi under town rabbis' elections regulations made in persuance of the Jewish Religious Services Law (Consolidated Version), 5731-1971; (6) the conferment upon a rabbi of eligibility to serve as a rabbi and marriage registrar; (7) any act required for the carrying out of its functions under any law.
Publication of list of members of Electoral Assembly.	13. Not later than 21 days before election day, the Election Committee shall publish in Reshumot a list of the members of the Electoral Assembly and shall notify every member of his membership thereof by registered post or personal delivery.
Voting at Assembly.	15. (d) The Election Committee shall publish a notice of the results of the elections in Reshumot.

4) "Foundations of Law Act" (1980)) the predominant interpretation in Israeli courts is actually that this law says that the bottom line law of the State of Israel is a specific set of ancient laws of the Jewish people called "Halachah", and not to ancient general principles as it sounds like in the translation given below.

	FOUNDATIONS OF LAW ACT (passed by the Knesset on the 10th Av, 5740 (23rd July, 1980))
Supplementary sources of law.	1. Where the court, faced with a legal question requiring decision, finds no answer to it in statute law or case-law or by analogy, it shall decide it in the light of the principles of freedom, justice, equity and peace of Israel's heritage.

4. Racist Harassment in Daily Life.
- A. Arabs experience racist harassment in Israeli streets, stores, schools, courts, etc.;
- B. Police and government officials usually will not help them.

5. Unlawful & Inhumane Military Occupation.

A. The Israeli military has been given the role to govern the Arab areas within Israel (upto 1966), and then the Occupied Territories. They do so through the passage of four categories of 'Military Orders', by which they oppress and exploit the local Palestinian population:

1) Creating a separate set of governing, judicial and security systems for the Israeli settlements often tied to Israel.

The military orders do not themselves actually create the separate systems - they simply empower the area commander to write further regulations concerning the government and court systems they were setting up for the Israeli settlements. It was then these regulations that created the connection to Israel and the distinction from those systems being set up for the Arab residents in these Territories..

Here are some sample Military Orders -

(a) Military Order 561: "Order Concerning The Administration Of Kiryat Arba" -- This establishes the 'religious council' of the Israeli settlement of Kiryat Arba, and stipulates that the settlement shall be administered in accordance with principles issued by the Area Commander as well as its own internal regulations. It is then in these regulations that the government of this settlement is tied to the government and economy of Israel.

(b) Military Order 783: "Order Regarding the Administration of Regional Councils (Judea and Samaria)" - Five Jewish Regional 'Religious Councils' are to be established. These "shall be administered in accordance with procedures determined by the Area Commander in a Regulation". Regional councils have jurisdiction over a group of Jewish settlements in their area. Regulations issued by the Area Commander then established special courts within the settlements to handle criminal cases. Other regulations then tie the governing, court system, and economy of these settlements to Israel.

MILITARY ORDER 783: "ORDER REGARDING THE ADMINISTRATION OF REGIONAL COUNCILS (JUDEA AND SAMARIA)"
(25 March, 1979)

By virtue of my powers as the Area Commander and my other powers by virtue of any law and military legislation, I hereby order as follows:

(a) The Regional Councils shall be administered in accordance with procedures determined by the Area Commander in a Regulation.
(b) Paragraph (a) above shall not derogate from any law or security legislation unless specifically contradicted in this order or in a regulation.

3. The Regulation shall be published in the manner which the Area Commander shall determine.

(c) Military Order 892: "Order Concerning Administration Of Regional Councils (Settlements)" -- "It is permissible for the Area Commander to create municipal courts to administer regional councils. The commander has the authority to redefine the boundaries of these regional councils". This order then establishes 'Religious Councils' and Municipal Courts for specific Israeli settlements in the West Bank, and states that all are constituted and operated according to regulations issued by the Area Military Commander (Article 2). Again, these regulations thus tie the economy and governing of these settlements to Israel.

MILITARY ORDER 892: ORDER REGARDING THE ADMINISTRATION OF LOCAL COUNCILS (JUDEA AND SAMARIA)
(1 March, 1980)

By virtue of my powers as the Area Commander and my other Powers according to any law or security legislation, I hereby order as follows:

Administration
of Local
Councils

(a) The administration of local councils shall be in accordance with the rules determined by the Area Commander in a regulation (hereafter the Regulation).
(b) The Area Commander is hereby empowered to establish a Municipal Court concerned with the affairs of the Municipal Council for the proper administration of the Local Council. The jurisdiction of the Municipal Court, the law that it shall enforce, the manner in which it shall be constituted and any other matter necessary for the proper operation of the court shall be determined by regulation.

(d) Military Order 981: "Order Concerning Judgement In Rabbinical Courts" -- The Civil Administration are to establish Rabbinical Courts and appeals courts in the Israeli settlements for handling personal matters for resident Jews (marriages, adoption, inheritance, etc.). Article 9 specifies that local courts outside the settlements (Israeli military committees handling Arab affairs) are not authorized to deal with these matters relating to the personal lives of Jews. Thus a dual system of courts is created.
(e) Military Order 1057: "Order Concerning Administration Of Regional Councils" -- "It is permissible for the head of the Israeli military forces to specify regulations pertaining to the administration of local councils" in the Israeli settlements. This order increases the jurisdiction and renames the courts in the settlements.
(f) Military Order 1058: "Order Concerning Administration Of Local Councils (Settlements)" -- "It is permissible for the head of the Israeli military forces to lay down regulations pertaining to the administration of the regional councils" in the Israeli settlements. These regulations then tie these regional councils to the government, and courts and economy of the State of Israel.

2) Replacing local Arab institutions (Jordanian in the West Bank, Egyptian in Gaza) of government, judiciary and security with Israeli military committees or committees completely controlled by the military, over which local residents have no democratic say. A few sample Military Orders -

(a) Military Order 21: "Order Concerning Securing The Rights Of Depositors" -- This supervises the activities of banks and limits their power. The Israeli official-in-charge is to be granted considerable powers of jurisdiction over the running of banks, the appointment and dismissal of bank employees, and over the accounts. He has the right to transfer funds from one bank to another in the area, and to manipulate bank funds in whichever way he deems necessary. No one is to benefit from the liquidation of property (in accordance with corporate law) except for depositors who are residents in the area and whosoever takes over the jurisdiction of the Jordanian government or any of its agencies (which were Israeli military committees).
(b) Military Order 22: "Order Concerning Appointment Of Police And Prison Guards (Granting Powers)" -- The head of the Israeli military forces delegates the powers of appointing and supervising policemen and prison guards to the Military Commander as well as the administration of detention centres and prisons.
(c) Military Order 30: "Order Concerning Jurisdiction Over Criminal Offenses" -- Military courts have the jurisdiction over all criminal cases in the area, even over cases from before the occupation. Also sets rules for Israeli settlers having dealings with Arabs to also be tried by these Military Courts.
(d) Military Order 31: "Order Concerning Appointments With Regard To Law Of Customs And Excise Duties" -- This vests all the powers granted by Jordanian laws and regulations relating to customs duties, fees and taxes, and powers of delegation and appointment related to them to an Israeli officer to be appointed by the Area Commander. This order then imposes excise duty on some products - salt, alcohol, tobacco, petrol products, match manufacturing, etc.
(e) Military Order 36: "Order Concerning Appointments In Accordance With Postal Law" -- This order cancels all postal appointments made, or postal service jurisdiction granted by the Jordanian government, and transfers this duty to the Israeli official-in-charge, who is then to make new appointments.
(f) Military Order 39: "Order Concerning Powers And Jurisdiction Of District Courts" -- This order begins the installation of a new legal system consisting of Israeli military committees to replace the local Jordanian court system.
(g) Military Order 45: "Order Concerning Banking Law" -- The area commander appoints a Israeli official-in-charge of banks (the 'Inspector of Banks'), and awards him jurisdiction to appoint or delegate responsibility in the banking system, and gives him full control over all Jordanian banks, the power to close banks at will, and control over applications for new banks. This military order also cancels all of the appointments and delegations of responsibility made by the Jordanian government, and exempts the banks from banking resolutions of the Jordanian government.
(h) Military Order 54: "Order Concerning Appointments In Accordance With Surveying Laws" -- This order cancels all surveying appointments made or jurisdiction granted by the Jordanian government, and transfers these responsibilities to an Israeli official-in-charge appointed by the area commander who will appoint replacements as needed.
(i) Military Order 57: "Order Concerning Judiciary (Local Courts)" -- This order transfers all cases sent to the Jordanian Court of Cassation to the High Court of Israel instead, and cancels all procedures referring to the Jordanian Court of Cassation.
(j) Military Order 68: "Order Concerning The General Census" -- This order transfers all responsibilities for conducting census to an Israeli official-in-charge, to be appointed by the area commander.
(k) Military Order 78: "Order Concerning Jurisdiction Over Customs Fees And Excise Duties" -- This outlines the powers of the Israeli official-in-charge to confiscate and seize the property of anyone who violates any order, regulation or instruction notice issued by the Military Commander, including those pertaining to Customs fees and Excise duties.
(l) Military Order 83: "Order Concerning Israeli Currency As Legal Tender" -- This converts all payments due in Jordanian dinars to the Israeli liras.
(m) Military Order 87: "Order Concerning Provisional Law Of Tourism" -- All appointments made or jurisdiction granted pertaining to the tourism industry by the Jordanian government are now cancelled, and tourism responsibilities are to be transferred to the Israeli official-in-charge who will make new where needed.
(n) Military Order 89: "Order Concerning Public Parks" -- The Israeli public parks authority will be in charge of all public parks and an official warden will be appointed. Details concerning entry fees are included.
(o) Military Order 91: "Order Concerning Jurisdiction Over Education Regulations" -- All appointments made or jurisdiction granted by the Jordanian government pertaining to education are cancelled, and these responsibilities are to be transferred to the Israeli official-in-charge who will make new appointments where needed.

(p) Military Order 92: "Order Concerning Jurisdiction Over Water Regulations" -- This order vests all powers defined in Jordanian law dealing with water into the hands of an Israeli officer appointed by the Area Commander, and awards him full control over all water resources. This order also gives him full authority over any new water authority, he may establish new ones, control their methods of operations, appoint their directors, etc. This order also requires any person or entity to obtain a permit from the Israeli military official-in-charge before they may install any water-control device (such as a pump, irrigation equipment, etc.), and this permit may be cancelled at any time for any reason. Public notice in area newspapers concerning these decisions is no longer required, but they may be posted in the offices of the Israeli Military Authority.

	MILITARY ORDER 92: ORDER CONCERNING POWERS FOR THE PURPOSE OF THE WATER PROVISIONS (WEST BANK AREA) (22 August, 1967) By virtue of the power vested in me as Commander of the Israel Defense Forces in the West Bank Area, I issue the following Order:
Definitions.	1. In this Order - 'The Officer in Charge' - Whoever I may appoint from time to time for the purpose of this Order.
Establishment and Operation of Water Entities.	5. The Officer in Charge may authorize the continued operation of any entity, organization, corporate entity or establishment that operates or is permitted to operate by virtue of the Water Provisions (hereinafter 'Water Entities'), and order the cessation of the operations of Water Entities, and re-establish Water Entities, whether or not they were operating before the Prescribed Day, determine their organization and appoint their directors.
Annulment of Appointments and Powers.	6. Any of the above-mentioned appointments or powers that existed by virtue of the Water Provisions are hereby annulled unless revalidated by the Officer in Charge on the strength of the powers set out in this Order.

(q) Military Order 93: "Order Concerning Control Over Insurance Operations" -- All appointments made or jurisdiction granted by the Jordanian government pertaining to the insurance industry are cancelled, and responsiblities are to be transferred to the Israeli official-in-charge, who may make new ones where needed. This official is given final say over judgments against insurance companys.
(r) Military Order 94: "Order Concerning Cooperatives" -- All appointments made or jurisdiction granted by the Jordanian government pertaining to the business or housing cooperatives are cancelled, and responsiblities are to be transferred to the Israeli official-in-charge, who may make new ones where needed. All existing cooperatives must be re-registered. The Israeli official is empowered to appoint new leadership if he deems necessary.
(s) Military Order 95: "Order Concerning Appointment And Employment Of Policemen" -- All appointments made or jurisdiction granted by the Jordanian government pertaining to the police force are cancelled, and responsiblities are to be transferred to the Israeli official-in-charge, who may make new ones where needed.. The Israeli official-in-charge is empowered to delegate authority over police investigations permanently or temporarily to a person outside the police force.
(t) Military Order 113: "Order Concerning Amendment To Collection Of Government Monies Law (Transfer Of Authority To Military Commander Of The West Bank)" -- All appointments made or jurisdiction granted by the Jordanian government pertaining to collection of taxes, fees and other government transactions are cancelled, and responsiblities are to be transferred to the Israeli official-in-charge, who may make new ones where needed.
(u) Military Order 118: "Order Concerning Supervision Of Films" -- All appointments made or jurisdiction granted by the Jordanian government pertaining to the film industry are cancelled, and responsiblities are to be transferred to the Israeli official-in-charge, who may make new ones where needed.
(v) Military Order 119: "Order Concerning Law Of Antiquities" -- All appointments made or jurisdiction granted by the Jordanian government pertaining to the management of antiquities are cancelled, and responsiblities are to be transferred to the Israeli official-in-charge, who may make new ones where needed.

3) Creating a web of permits and licenses which control every aspect of the Palestinian economy. Studies have shown that this system of permits have then been used to manipulate the Palestinian economy to the benefit of Israel. Some sample Military Orders -

(a) Military Order 13: "Order Concerning Restricting Aviation In The West Bank" -- Any use of airplanes in the area is forbidden without a permit. Jerusalem Airport cannot be entered without a permit.
(b) Military Order 18: "Order Concerning Closed Areas" -- Anyone wishing to enter the West Bank requires a permit.
(c) Military Order 25: "Order Concerning Transactions In Property" -- This order makes it illegal to conduct business transactions involving land and property without a permit from the military authorities.
(d) Military Order 26: "Order Concerning Control Over Currency, Bills Of Exchange And Gold" -- This order makes it illegal to conduct transactions in foreign currency or gold, or to import into the area foreign currencies or gold without a permit.
(e) Military Order 40: "Order Concerning Closed Areas (Extending The Licensing Period)" -- The Military Commander may extend the entry permit for any individual to enter the West Bank for as long as he sees fit.
(f) Military Order 41: "Order Concerning Control Over Currency. Bills Of Exchange And Gold" -- This defines "resident of the area" as anyone given a permit to remain in the area of his residence after 7 June 1967. Anyone who purchased Jordanian dinars in Israel is allowed to bring them into the area in accordance with the Defence Regulations (Finance) of 1941.
(g) Military Order 42: "Order Concerning Order Prohibiting Purchase And Sale (Cancellation)" -- Hereafter general prohibitions of commercial transactions are to be replaced by conditional permits.

(h) Military Order 47: "Order Concerning Transportation Of Agricultural Produce" -- This prohibits the transport in or out of the West Bank of any plant or animal produce (except for canned goods) without a permit from a military authority. The punishment for non-compliance is a prison sentence of up to 3 years and/or a fine of 3,000 Jordanian dinars.

	MILITARY ORDER 47: ORDER REGARDING THE TRANSPORT OF AGRICULTURAL PRODUCTS (WEST BANK REGION) (9 July 1967) In accordance with the authority vested in me, and in my capacity as the commander of the Israeli Defense Forces in the West Bank region, I hereby order as follows:
Definitions.	1. In this Order: "Competent authority"-The person appointed by me as the competent authority for the purposes of this order. "Agricultural product"-Includes plants, any animal (dead or alive), vegetables, fruits, or any agricultural product whose source is a plant or animal, but not canned goods.
Prohibition.	2. It is forbidden to remove or bring any agricultural product from or into the region without a permit from the competent authority.
Punishments.	3. Any person who violates Article 2 of this Order or any specification regarding the requisite permit will be punished by a period of three years imprisonment, a fine of 3,000 dinars, or both.

(i) Military Order 49: "Order Concerning Closed Areas (Prohibiting The Transportation Of Goods)" -- This order makes it illegal to take out or bring into the occupied territories or 'closed areas' any commodity (with the exception of agricultural products which are subject to separate military orders) without a permit signed by military officials-in-charge. Anyone who has a permit to enter the area does not automatically have permission to bring in or take out products from the closed area.
(j) Military Order 50: "Order Concerning Distribution Of Newspapers" -- It is forbidden to import, distribute or publish newspapers in the area without the permission of the military authorities.
(k) Military Order 56: "Order Concerning Road Transport" -- This order specifies in considerable detail the conditions under which vehicle licensing is to be regulated. This order creates a new Israeli Military Committee to oversee vehicle licensing.
(l) Military Order 65: "Order Concerning Prohibition Of Employment" -- This requires non-residents of the occupied territories intending to start a business or take employment there, including volunteers, to obtain a work permit from the military authorities. This does not apply to non-residents who are employees of the Israeli military or Israeli corporations, or non-residents who were employed prior to 7 June, 1967, and did not leave during the fighting.
(m) Military Order 79: "Order Concerning Transmission And Broadcasting" -- "It is forbidden to own any broadcasting equipment, or to broadcast on it without a permit.
(n) Military Order 96: "Order Concerning Customs Areas " -- In accordance with the above, the West Bank is defined as a distinct customs area in which it is not permissible to transport or purchase goods in a non-registered vehicle or on a donkey or in certain areas.
(o) Military Order 101: "Order Concerning Prohibition Of Incitement And Hostile Propaganda" -- "It is forbidden to conduct a protest march or meeting (grouping of ten or more where the subject concerns or is related to politics) without permission from the Military Commander. It is also forbidden to raise flags or other symbols, to distribute or publish a political article and pictures with political connotations." This includes artwork. No attempt should be made to influence public opinion in a way which would be detrimental to public order/ security. Censorship regulations are in accordance with the Defense (Emergency) Regulations 1945. The punishment for non-compliance is a prison sentence of up to 10 years and/or a fine of 2,000 Israeli lira. Soldiers may use force to apply this law.
(p) Military Order 103: "Order Concerning Customs Tariffs" -- This imposes customs duties on goods brought into the area in accordance with a permit issued under Military Order 45, with the exception of goods brought from Israel. It also announces the creation of a public fund which is to be used to develop the economy of the area and into which customs fees levied on goods are to be paid. Article 3 imposes customs duties on goods brought into the area of the West Bank from any area except Israel. The determination of the level of these duties is left to the "person responsible" appointed by the Area Commander.
(q) Military Order 114: "Order Concerning Road Transport" Driving without a driver's license is strictly forbidden. Owner, driver or responsible person are required to pay all costs when vehicle or goods are confiscated.
(r) Military Order 124: "Order Concerning Restriction On The Transfer Of Goods" -- "It is forbidden for anyone to bring in, move or transfer goods in the municipality of Nablus without the permission of the Area Commander."

(s) Military Order 134: "Order Concerning Prohibition On Operating Israeli Tractors And Other Agricultural Equipment" -- It is not permitted to use agricultural equipment from Israel in the occupied terrotiries without a permit from the area commander.

	MILITARY ORDER 134: ORDER PROHIBITING THE OPERATION OF TRACTORS AND AGRICULTURAL MACHINERY FROM ISRAEL (WEST BANK REGION) (9 July, 1967) In accordance with the authority vested in me, and in my capacity as the commander of the Israeli Defense Forces in the West Bank region, I hereby order as follows:
Definitions.	1. In this Order: "The official" - The person appointed by me to be the official for the purposes of this order, and also any person authorized in writing by the official for the purposes of tin's order (the subsidiary official). "Tractor or agricultural machine from Israel" - A tractor or agricultural machine registered in Israel in accordance with any law, or a tractor or agricultural machine which is or was present in Israel on the eve of the implementation of this order, or a tractor or agricultural machine imported into Israel thereafter.
Operating Prohibition	2. It is prohibited for any person to bring a tractor or other agricultural machine from Israel to the region, and it is prohibited for any person to operate a tractor or any other agricultural machine brought from Israel, either directly or indirectly, unless a permit to this effect has been obtained from the official.

4) Creates other restrictions on Palestinian society that are oppressive and exploitive such as controlling what storeowners can sell in their stores, what textbooks can be used in local schools, and who can grow decorative flowers and how many. Some sample Military Orders -
- (a) Military Order 5: "Order Concerning Closure Of The West Bank" -- This declares the entire West Bank a closed military area, with exit and entry to be controlled according to the orders and conditions stipulated by the military.
- (b) Military Order 29: "Order Concerning Operation Of Prisons And Detention Centres" -- This stipulates that prisoners from the area should be kept separate from Israeli prisoners whenever possible and that detainees should be separated from convicted prisoners. It also details the regulations under which a detainee should be allowed to prepare for trial; he should be allowed to consult his lawyer when necessary, although the Military Commander has the right to appoint a person to sit in on these legal consultations, cut them short or ban access to the prisoner altogether if he deems it necessary for reasons of security. This Military Order also orders installation of a registration tracking system for tracking inmates while they are in the prison system.
- (c) Military Order 52: "Order Concerning Police Forces Operating In Conjunction With The Israeli Military Forces" --This order grants all police the same powers and jurisdiction as those granted to soldiers.
- (d) Military Order 107: "Order Concerning Use Of Textbooks" --This lists 55 books which are banned from being taught in schools. These include Arabic language books, history, geography, sociology and philosophy books.
- (e) Military Order 128: "Order Concerning Opening Of Shops" -- This broadly defines 'shops' as businesses of any kind. This order then requires the owner or manager to open his business during regular working hours. The shop-keeper is then forbidden to refuse to sell his stock or provide his services to any person who is willing to pay reasonable fees, or to do so in an irrational manner. Punishment for non-compliance can involve the enforced closure of the shop, or the dispensation of the stock in whatever manner the Military Commander sees fit, regardless of whether the owner has been convicted.
- (f) Military Order 133: "Order Concerning Sale Of Official Publications" -- "It is permissible for the Military Commander to order a shop-keeper or stall-holder to sell and display any official document at the stated price.
- (g) Military Order 144: "Order Concerning Security Provisions" -- This cancels article 35 of Military Proclamation 3, revoking the previous admission by Israel that her military was bound, in its treatment of the Palestinian population of the West Bank, Gaza and Golan, by the terms of the Fourth Geneva Convention.
- (h) Military Order 361: "Order Concerning Documenting Cars (Garages)" -- Any garage-owner or manager must document the details of the age, model and license plate number of any car in his garage and these records must be kept for at least a year. Gives any policeman access at any time to the information in this register.
- (i) Military Order 395: "Order Concerning Documentation Of Vehicles (Garages)" -- A garage owner or manager must include the following information in his registration of vehicle details: the driver's name, the details of required repairs, and the cause and degree of the existing damage.
- (j) Military Order 537: "Order Concerning Municipal Law" -- This gives wide-ranging powers to the Area Commander over municiple boundaries and services , their scheduling, and who performs and supervises them. Thus empowered the Area Commander to remove Mayors from major West Bank cities that had been elected to those positions by the local populace.
- (k) Military Order 818: "Order Concerning The Planting Of Certain Decorative Flowers" -- This order regulates growing of decorative flowers, including numbers.
- (l) Other methods Israel has used to constrict Palestinian society which are oppressive and exploitive --
  - (1) Building Israeli settlements on expropriated Palestinian land which are then given all sorts of special privileges;
  - (2) Building a system of by-pass roads for Israeli use only, which helps further slice up occupied Palestine into small enclaves isolated from each other and the outside world;
  - (3) Building a Security Fence/Wall not along Israel's border but through Palestinian communities separating families, and cutting off workers from their jobs, farmers from their fields, students from their schools, etc.
  - (4) Installing a system of military checkpoints throughout occupied Palestine which limit movement in unfair ways, thus further strangling the economy and social life of Palestinian society;
  - (5) Destroying or closing Palestinian civil infrastructure such as walls, bridges, and roads or by building ditches around neighborhoods or business centers which further inhibit movement and isolate Palestinian population centers;
  - (6) Destroying Palestinian economic assets such as office buildings, and port and airport facilities, orchards, and factories which strangle the Palestinian economy and social movement;
  - (7) Destroying Palestinian security facilities such as police stations and jails so that they cannot fulfill peace agreements, or improve their own law enforcement capabilities;
  - (8) Assassinating rebel leaders (many of them moderate who were interested in negotiating with Israel), officially called 'targeted assassination'.

III. LAWS & OTHER MEASURES SUPPRESSING REBELLION - methods and laws (which often violate international laws and standards of human and civil rights) by which the Israeli government suppresses Palestinian rebellion against Israeli discrimination, oppression and exploitation ...

1. Inhibiting Free Speech of Legislators & Non-Profit Organizations.

A. The Israeli legislature has empowered its Elections Committee to forbade from running for office those who deny "...the existence of the State of Israel as the state of the Jewish people." This has been interpreted to include support for equal rights for all Israelis, because equal rights for all Israelis would negate providing special privileges for Jews (amendment 9 of the “Basic Law: The Knesset” (1958); “Political Parties Law” (1992)) --

BASIC LAW: THE KNESSET (AMENDMENT NO. 9)
(passed by the Knesset on the 13th Av, 5745 (31st July, 1985))

Amendment of
section 7A.

1. In the Basic Law: The Knesset(1), the following section shall be inserted after section 7:

"Prevention of
participation
of
candidate's
list.

7A. A candidates' list shall not participate in elections to the Knesset if its objects or actions, expressly or by implication, include one of the following:

(1) negation of the existence of the State of Israel as the state of the Jewish people;
(2) negation of the democratic character of the State;
(3) incitement to racism.".

B. Non-Profit Organizations are required to make available their membership lists (which includes contact info for all members) to all members (which could include government intelligence officers), and they also face being dissolved by the government if they “threaten the existence of the State of Israel”. Some say this can be interpreted to include the identity of the State of Israel as a Jewish State, or to include support for pro-Palestine organizations that can be labeled as terrorist groups or supporting terrorism (“Amutot Law” (1980)) --

	AMUTOT LAW, 5740-1980 (passed by the Knesset on the 15th Av, 5740 (28th July, 1980))
Restrictions as to registration of amuta.	3. An amuta shall not be registered if any of its objects negates the existence or democratic character of the State of Israel or if there are reasonable grounds for concluding that the amuta will be used as a cover for illegal activities.
Register of members.	18. An amuta shall keep a register of members in which every member, his address and identity number and the dates of the commencement and termination of his membership shall be recorded.
Register of Board Members.	29. An amuta shall keep a register of board members in which the name, address and identity number and the dates of commencement and termination of service of each member shall be recorded.
Inspection.	39. (a) The register of members and the register of board members, the minutes of the general meetings and the financial reports submitted to the general meeting shall at any reasonable time be open for inspection by all the members of the amuta.

2. Limited Judicial Protection - The Israeli Supreme Court generally supports the Israeli government and military in all of the above areas. Two examples of Supreme Court decisions –
- Electricity Company for Jerusalem District v. Minister of Defence (1972) - The Israeli Supreme Court supported actions of military which violated the Hague Conventions concerning supplying electricity to Israeli settlements;
- Shawe v. IDF Commander (1990) upheld right of Israeli Military to impose curfew over entire Gaza region.

3. Legalizing Human Rights Violations - Defence (Emergency) Regulations of 1945 empower the government and military to employ measures of law enforcement that violate international human rights agreements and even ordinary Israeli law and procedures, such as -

A. Unlawful association -- empowers an Israeli government official or military commander to declare any body or persons or organization, whether incorporated or not, to be an unlawful association, and thus ban them from meeting. Also any person who joins such an organization, or attends their meetings may be subject to fine or imprisonment (Regulation 84) --

DEFENSE (EMERGENCY) REGULATION 84: Meaning of expression "unlawful association"
(1945)

84. In this part, the expression "unlawful association" means any body of persons, whether incorporated or unincorporated and by whatsoever name (if any) it may from time to time be known; which --

(a) by its constitution or propaganda or otherwise advocates, incites or encourages any of the following unlawful acts, that is to say --
- (i) the overthrow by force or violence of the constitution of Palestine or the Government of Palestine;
- (ii) the bringing into hatred or contempt of, or the exciting of disaffection against, His Majesty's Government in the United Kingdom or the Government of Palestine or the High Commissioner in his official capacity;
- (iii) the destruction of or injury to property of His Majesty's Government in the United Kingdom or of the Government of Palestine;
- (iv) acts of terrorism directed against servants of His Majesty's Government in the United Kingdom or against the High Commissioner or against servants of the Government of Palestine; or which has committed or has claimed to have been responsible for, or to have been concerned in, any such acts as are mentioned in sub-paragraph (ii), (iii) or (iv) of this paragraph; or
(b) is declared by the High Commissioner, by notification in the Gazette, to be an unlawful association, and includes any branch, centre, committee, group, faction or institution of any such body.

B. Censorship of newspapers at discretion of area commander. This regulation was later expanded to include all forms of modern publication and media (textbooks, videos, etc.) (Regulation 94) --

DEFENSE (EMERGENCY) REGULATION 94: Newspaper Permits
(1945)

94.

(1) No newspaper shall be printed or published unless the proprietor thereof shall have obtained a permit under the hand of the District Commissioner of the District in which the newspaper is being, or is to be, printed.
(2) The District Commissioner, in his discretion and without assigning any reason therefor, may grant or refuse any such permit and may attach conditions thereto and may at any time suspend or revoke any such permit or vary or delete any conditions attached to the permit or attach new conditions thereto.

C. Imprisonment (individuals or groups) without warrant or charges, called officially 'administrative detention'. The Israeli military has enhanced the system of review and appeal for administrative detention in Military Order 378 and its amendments currently in use in the Occupied Territories --

DEFENSE (EMERGENCY) REGULATION 111: Detention
(1945)

111.

(1) A Military Commander may by order direct that any person shall be detained for any period not exceeding one year in such place of detention as may be specified by the Military Commander in the order.
(5) Any person in respect of whom an order has been made under this regulation who commits any of the offences specified in subregulation (7) hereof may be arrested by any police officer without warrant, and shall be liable upon conviction by a Magistrate's Court to imprisonment for six months or to a fine of one hundred pounds or to both such imprisonment and fine, or such person may be punished by the officer in charge of the place of detention with any of the punishments set out in Part I of the Sixth Schedule to the Prison Rules (Laws of Palestine, p. 2022), and
- (a) if punished with a fine shall in addition to such fine be retained in a place of detention in accordance with the order issued under subregulation (1), or
- (b) if sentenced to imprisonment for a term less than the unexpired period of his detention, shall on the completion of such term be again detained in accordance with the order issued under subregualtion (1).

D. Deportation (individuals or groups) without trial or charges (Regulation 112) --

DEFENSE (EMERGENCY) REGULATION 112: Deportation
(1945)

112.

(1) The High Commissioner shall have power to make an order under his hand (hereinafter in these Regulations referred to as "a Deportation Order") requiring any person to leave and remain out of Palestine.
(2) The High Commissioner shall have power by order under his hand to require any person who is out of Palestine to remain out of Palestine. A person with respect to whom such an order is published shall so long as the order is in force remain out of Palestine. An order under this regulation may be made subject to such terms and conditions as the High Commissioner may think fit.

E. Home demolition, or private or commercial property demolition (on individual or entire neighborhoods) without charges or trial (Regulation 119) --

DEFENSE (EMERGENCY) REGULATION 119: Forfeiture and demolition of property, etc.
(1945)

119.

(1) A Military Commander may by order direct the forfeiture to the Government of Palestine of any house, structure, or land from which he has reason to suspect that any firearm has been illegally discharged, or any bomb, grenade or explosive or incendiary article illegally thrown, or of any house, structure or land situated in any area, town, village, quarter or street the inhabitants or some of the inhabitants of which he is satisfied have committed, or attempted to commit, or abetted the commission of, or been accessories after the fact to the commission of, any offence against these Regulations involving violence or intimidation or any Military Court offence ; and when any house, structure or land is forfeited as aforesaid, the Military Commander may destroy the house or the structure or anything on growing on the land.
(2) Members of His Majesty's forces or of the Police Force, acting under the authority of the Military Commander may seize and occupy, without compensation, any property in any such area, town, village, quarter or street as is referred to in subregulation (1), after eviction without compensation, of the previous occupiers, if any.

F. House or village arrest, curfews, or closures (for individuals or entire neighborhoods or village lands) without charges or trial (Regulations 110, 124 & 125) --

DEFENSE (EMERGENCY) REGULATION 110: Police Supervision
(1945)

110.

(1) A Military Commander may by order direct that any person shall be placed under police supervision for any period not exceeding one year.
(2) Any person placed under police supervision by order as aforesaid shall be subject to all or any of the following restrictions as the Military Commander may direct, that is to say --
- (a) he shall be required to reside within the limits of any area in Palestine specified by the Military Commander in the order;
- (b) he shall not be permitted to transfer his residence to any other area in the same police district without the written authority of the District Superintendent of Police, or to any other police district without the written authority of the Inspector General of Police;
- (c) he shall not leave the town, village or Sub-District within which he resides without the written authority of the District Superintendent of Police;
- (d) he shall at all times keep the District Superintendent of Police of the police district in which he resides notified of the house or the place in which he resides;
- (e) he shall be liable, whenever called upon so to do by the officer in charge of the police in the area in which he resides, to present himself at the nearest police station;
- (f) he shall remain within the doors of his residence from one hour after sunset until sunrise, and may be visited at his residence at any time by the police.

DEFENSE (EMERGENCY) REGULATION 124: Curfew
(1945)

124. A Military Commander may by order require every person within any area specified in the order to remain within doors between such hours as may be specified in the order, and in such case, if any person is or remains out of doors within that area between such hours without a permit in writing issued by or on behalf of the Military Commander or some person duly authorised by the Military Commander to issue such permits, he shall be guilty of an offence gainst these Regulations.

DEFENSE (EMERGENCY) REGULATION 125: Closed Areas
(1945)

125. A Miltary Commander may by order declare any area or place to be a closed area for the purposes of these Regulations. Any person who, during any period in which any such order is in force in relation to any area or place, enters or leaves that area or place without a permit in writing issued by or on behalf of the Military Commander shall be guilty of an offence against these Regulations.

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

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