ISRAELI MILITARY OPPRESSION AND EXPLOITATION OF PALESTINIAN SOCIETY IN GAZA AND THE WEST BANK: HOW IT WORKS
by David A. Kirshbaum
(C) Israel Law Resource Center, February, 2007
TABLE OF CONTENTS |
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I. RELATIVE PEACE IN PALESTINE
For thousands of years Christians, Jews and Muslims lived in relative peace in Palestine. The Jews lived mostly in and around Jerusalem, and their focus was on studying their holy scriptures in the area of the ancient Jewish temple destroyed by the Romans almost two thousand years previously. The Christians also were mostly located around Jerusalem which was where their Lord, Jesus Christ had lived and died. The Muslims were in both the urban areas such as Jerusalem but also in the rural areas in small agricultural villages. Palestine also was a holy area for the Muslims because Mohammed, their spiritual father had travelled there as well.
And for thousands of years the area had been invaded and conquered by one group after another. The latest conqueror before the coming of the modern Europeans was the Ottoman Empire (from Turkey). Thus, because of the many invasions, and because the area was a trading crossroads between Asia, Europe and Africa, the Palestinian people had many cultural influences. But the area had been in relative peace since the Ottoman Empire had taken over in the 1500's.
II. IMPERIALISTIC ZIONISTS
Even though the Jews and Palestinians had lived in relative peace as tribal neighbors in the area of Palestine for almost 2000 years, it was the words and actions of the European Zionists beginning in the late 1800's that provoked Arab animosity and the beginning of the conflict that plagues the world to this day. The Zionists wanted to create their own country in Palestine in which they would dominate, and not in cooperation with the Palestinian people who already lived there. Thus, in order to gain support from the European nations that dominated the world at that time, they spoke very derisively of the Palestinian people in order to convince the European leaders that the Palestinian people did not deserve to have equal say in the running of the new country, and even to rationalize the removal of the native Palestinian people to nearby Arab countries so that the Jews could have the land to themselves (they called this "transfer"). Thus, they said things such as that the Palestinian people were dirty and uncivilized, and that they were not a real cultural grouping with a real claim to the land they lived on.
Then when the European Zionists actually began arriving in Palestine and developing communities, the major organizations (the World Zionist Organization and the Jewish National Fund) kicked the Palestinian farmers off their lands and then forbade the Jews they settled there from even employing any non-Jews. The result was "ethnic cleansing" where a people were removed and banished from their ancestral lands based solely on their membership in a specific ethnic group.
This was very threatening and offensive to the native Palestinian people who lived in Palestine, and to the surrounding Arab nations.
III. EUROPEAN IMPERIALISTIC CULTURE
The reason the Zionists were both threatening and offensive to the Arabs, instead of cooperative, was that the cultural milieu in which the European Zionists originated, and then had to argue for financial and political support was a European culture which at the time (1800's - early 1900's) was ethnocentric and racist toward non-European third world cultures because this was a time of pervasive imperialistic adventure on the part of most European countries in most third world regions. The two major reasons for this imperialistic adventuring was economic gain, and to convert non-Christians to the Christian religion which dominated Europe at that time.
IV. SERIAL VIOLENCE
Sadly, for the Jews that then came to Palestine, they then found themselves surrounded by people their leaders had offended and threatened so much that now they were enemies of the Jewish people, and antagonistic toward the idea of starting a Jewish State. The result was that the Jews who moved to Palestine then had to defend themselves many times against people who were only trying to gain back the lands that the Zionist organizations had taken from them in an exploitive and oppressive manner.
In the period since the beginning of when European Zionists began creating their communities to the beginning of the State of Israel (late 1800's to 1948) the Arabs tried to gain back their lands by attacking Zionist communities in a scattered manner.
Once the State of Israel was created, then the Arabs tried to get back their lands both through scattered attacks, and through full-scale wars (especially notable were the war of 1948 and the war of 1956).
But the experience of the Arabs was that their lands were being taken from them section by section by a European entity that was better financed, armed and organized, and thus they could not get them back, and the international community would not help them, so they got angrier and angrier.
V. OCCUPATION FOR SECURITY
After the Palestinians rebelled once again against Israeli policies in 1967 with the help of nearby Arab nations, the Israeli Army again swept to victory, driving the invading Arab armies out of adjacent areas as well as Israel itself. This war is called the 7-Day War because the Israeli Defense Forces achieved victory in just 7 days.
The Israelis then kept the areas adjacent to Israel which they had conquered in the 7-Day War (called the Occupied Territories of the West Bank, Gaza, the Golan Heights, and the Sinai Peninsula). They claimed they needed them to act as buffer zones and bargaining chips to protect themselves against hostile neighbors. Thus, within a relatively short time, Israel returned the Sinai Peninsula to Egypt in return for a peace agreement with that country, and then annexed the Golan Heights into itself for protection against the hostilities of Lebanon and Syria to the north.
The Israelis then took the remaining areas, Gaza and the West Bank, and put it's Military in charge of them. Ironically, these areas are where most of the refugees from the 1948 war happened to then be living.
VI. LAWS OF OPPRESSION & OCCUPATION
The Israeli Military now rules over these territories through a system of "Military Orders and Proclamations". But in these occupied territories, there are no democratic institutions by which these Military Orders can be challenged by local residents, and in general, they have not been subjected to judicial review or appeal before the Supreme Court of Israel (except by certain Israeli Military Committees) (Shehadeh, 1985 & 1997).
Almost immediately upon coming to power, the Military began replacing the Jordanian and Egyptian Court Systems with a system of Military Committees. The end result of this is that the Military, or its appointees, are thus subject to review only by their own military colleagues even concerning civil matters and civilian cases. Finally, in the 1980's, the High Court of Israel agreed to hear some appeals. But then it only reviewed whether procedures were followed properly, or whether the Military Officer issuing the order had the jurisdiction to do so, and refused to review the details of the case itself, deferring to the expertise of the Military in "security" matters (Shehadeh, 1985 & 1997).
In addition, the Israeli Military has extended the use of the Defence (Emergency) Regulations of 1945 to the Occupied Territories. These regulations describe procedures for methods of mass punishment (judged as war crimes by international human rights organizations) such as mass deportations, home demolitions, and administrative detention (imprisonment without trial or formal charges) (Shehadeh, 1985 & 1997).
And it is important to remember - the Palestinians have no democratic protections giving them control or influence over those writing the orders in the first place - the Israeli Military.
These Military Orders seem to have 6 major objectives:
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Please view APPENDIX I near the end of this essay, for lists and summaries of the Israeli military orders that fit in each of these categories.
VII. PEACE AGREEMENTS & VIOLATIONS
In 1993, the Israeli Government finally relented to international pressure, and agreed to negotiate with the Palestinians on a peace agreement. The central issue was to end the Israeli Military occupation of the West Bank and Gaza, and to give the Palestinians the freedom to create their own country. The result was 6 sets of negotiations which resulted in the Oslo I & II agreements. Oslo I (1993) was a basic set of principles describing the right of Palestinians to achieve independence, and Oslo II (1995) was the Interim Agreement (prior to final status negotiations) delineating a schedule of Israeli Military withdrawal from the occupied territories of Gaza and the West Bank, and the turning over of governmental functions to the Palestinian Authority (Shehadeh, 1997).
Following the signing of Oslo II, the Israeli Government passed 7 Military Proclamations for the Occupied Territories ratifying Oslo I & II, and putting in action the agreed-upon withdrawal. But their military also passed a Military Order declaring that all previous orders and proclamations were still in affect unless specifically repealed or amended by name (Shehadeh, 1997).
Oslo I & II agreements were broken many times by both sides, and since the second Intifada begun in year 2000, the agreements are now considered to be dead by many. The Israelis claim that the violence of the 2nd Intifada speaks for itself - that the Palestinians don’t really want peace - just to destroy Israel and regain the lands they lost in the 1948 war.
VIII. SETTLEMENTS THAT PROVOKE
But t he Palestinians claim the systematic violations of the Oslo agreements by the Israelis show that they never actually intended on fulfilling their agreements because they were still hoping on eventually absorbing the occupied territories into Israel with either a very weakened minority Palestinian population, or no Palestinian population in residency at all. One of their main points of evidence for this claim was that during and after the entire period when the Oslo agreements were being negotiated, the Israeli Government continued to settle Israelis in the Occupied Territories at a tremendous rate, and to dedicate to them resources and priviledges of both the State of Israel and the Palestinian territories that they occupied so that by the time of this writing, the majority of the land in the Occupied Territories is now occupied by Israeli settlers (Lein, 2002). The Palestinians ask the international community - does this increase in the number of Israeli settlements on Palestinian land demonstrate a willingness to work for peace which would include a separate and viable nation for the Palestinians, as the agreements require?
It is important to note that the latest significant increase in settlements on occupied land was the doubling in size of the major settlement east of Jerusalem called Ma'ale Adumin, which now cuts the West Bank in half, making even more impossible the idea of a viable state for the Palestinians. The Israeli government did this at the same time as it pulled the settlements out of Gaza. Many people believe this timing was on purpose because they knew the drama in Gaza would distract the world from what they were doing in the West Bank.
IX. APPLICABILITY OF APARTHEID LAWS
Clearly, the Israeli occupation is about more than just assuring security for Israel - it is about oppression and exploitation of the Palestinian community and economy for the benefit of Israel.
One of the main goals of the international community and international law is to stop and prosecute such oppression and exploitation as this being done by the Israeli government in the Palestinian occupied territories. Toward that end, the United Nations has adopted the precedents started with the defeat of apartheid in South Africa to use for stopping racist oppression and exploitation in general, across the globe, and thus created, in 1973, the "International Convention on the Suppression and Punishment of the Crime of Apartheid".
So, the question is - does the international anti-Apartheid law apply to the Israeli occupation, and does the oppression and exploitation we find there qualify technically as "apartheid"? The answer is "yes" and "yes", and is given in 3 parts:
1. The generalization of anti-apartheid laws to cover racist oppression and exploitation in general across the globe: In 1973, the UN General Assembly brought into being an international law specifically designed to suppress and punish racist oppression and exploitation where ever it is found across the globe. They named this crime, "Apartheid" after the similar system employed in South Africa, which was defeated by international action in the 1980's. This anti-Apartheid law is called, "International Convention on the Suppression and Punishment of the Crime of Apartheid". To emphasize the general applicability of this law to fight racist oppression across the globe beyond South Africa, the Preamble and 1st article state:
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2. The application of anti-apartheid laws not just to internal racist oppression, but also to territories that are occupied or administered by the oppressive nation: The writers of this anti-Apartheid law, "International Convention on the Suppression and Punishment of the Crime of Apartheid" (1973), wanted to make sure that it could be used to fight all racist oppression and exploitation, and thus inserted a very clear article affirming its applicability to all non-self-governing territories and dependent peoples:
This article of the anti-Apartheid law refers twice to UN resolution 1514 (XV) (1960) (quoted below) which installs the Declaration on the Granting of Independence to Colonial Countries and Peoples, which refers to "dependent peoples" and "non-self governing territories or all other territories which have not yet attained independence" to which the UN then wanted the anti-Apartheid law to apply. This definition clearly fits the occupied Palestinian territories, whose sovereignty is uncertain, and whose territory and inhabitants are subjected to a military occupation which has control over their lives and society:
Technically, Article 10(c) of the anti-Apartheid law quoted above actually requests the "competent United Nations organs" to report on "measures taken by the authorities responsible for the administration of Trust and Non-Self-Governing Territories, and all other Territories to which General Assembly resolution 1514 (XV) of 14 December 1960 applies" to combat apartheid. Even though an occupying military power would not count as an official authority responsible for the administration of a trust or non-self-governing territory as per the UN Charter, which is what this article refers to, the occupying power is still a responsible authority over the territory it occupies, which has become dependent on it, as is clearly stated in article 6 of the Geneva Conventions (IV) relative to the Protection of Civilian Persons in Time of War (1949) (quoted below) which clearly describes the multilayered responsibility of an occupying power for the occupied territory it occupies - thus the occupying power is a "responsible authority" as described in the anti-Apartheid law, and is thus answerable to the "competent United Nations organs", as it is answerable to international law for making sure that racist oppression, which is what apartheid is, does not occur in the territories it is responsible for. And this is the spirit of the law - to eliminate apartheid wherever it is found.
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3. How the oppression and exploitation practiced by Israel in its occupation of Palestinian territories qualifies legally as apartheid: In order to qualify as a perpetrator of the crime of apartheid, a nation or group must significantly commit some or all of the following crimes, as defined in article II of theInternational Convention on the Suppression and Punishment of the Crime of Apartheid(1973):
The policies and practices of the Israeli government in the occupied territories fits all 6 parts of the official legal definition of apartheid listed above. Previously in this essay, the policies and practices of the Israeli government were organized into 6 other categories, repeated here:
And now these 6 categories are easily re-sorted into the 6 categories of the apartheid defintion. In the table given below, the official Apartheid definition is given in bolder letters:
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Many believe the real purpose of Israeli apartheid in the occupied territories is ethnic cleansing - to both drive the Palestinians into smaller and smaller areas, and also out of the country altogether, so that Israel can realize their dream of possessing all of "Eretz Israel" - Biblical Israel - stretching from the Jordan River to the Sea. It does not seem to matter to them that this violates international law on many fronts, and increases world-wide resentment and rage toward Israel, thus increasing world-wide anti-Semitism.
X. CLEAR SOLUTION - DIFFICULT SOLUTION
The solution to this serious problem is clear - Israel must end its occupation of the Gaza Strip and West Bank immediately. This would also enable it to concentrate on securing its borders if it is still worried about security, instead of spreading its army over a much larger territory. Once these territories are free of a belligerant occupation, and with the assistance of international aid to recover from decades of oppression, destruction, and exploitation, then the people who live there can then concentrate on recovering their economic health and cultural vigor. But what about the Israeli settlements that now occupy over half the land?
These Israeli settlements are clearly a problem of discrimination - they are for Israeli Jews only - in terms of housing, employment, education, health care, and the full range of social and commercial services. But when the problem is one of denial of civil rights, then the solution becomes clear - civil rights legislation imposed by the governing body, most likely with international assistance, with vigorous enforcement, to guarentee and protect civil liberties for EVERYONE who is involved - equal rights in housing, employment, education, etc.
But this does not solve a related problem - the fact that a significant percentage of the Palestinian population in the occupied territories are actually refugees from the 1948 fighting - who are still waiting to exercise their right to return to their homes in what is now Israel. Ending the occupation in the West Bank and Gaza (where occupation-like practices continue) solves immediate problems for the people who live there, but it does not solve the long-range problem for the refugees who wish to return home, and the problem of the apartheid system within Israel itself - thus resulting in Israel finding itself surrounded by enemies, as well as world-wide anger and resentment. The solution is clear here as well - ending the apartheid system of discrimination within Israel, and allowing the refugees to return to their homes, or at least their home regions. And with international aid, communities can be rebuilt, and with an intensive PR campaign teaching tolerance, cooperation and reconciliation, and international peacekeepers, maybe a lot of violence can be averted.
A clear solution doesn't mean an easy or quick solution - it might take a few generations to get rid of the rage and prejudice because we are talking about hatred that is ingrained into a culture for a couple of generations. But one must begin somewhere, or people will continue to suffer horribly, and die unecessarily. And this effort must begin now, because people - children - are suffering and dying right now.
APPENDIX I: CATEGORIES OF MIILITARY ORDERS
Below are some of those Israeli Military Orders, in use right now in the Occupied Territories, sorted by the 8 objectives listed above:
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MILITARY ORDERS APPOINTING ISRAELI MILITARY COMMITTEES, OFFICERS, OR AGENTS TO REPLACE LOCAL NON-ISRAELI GOVERNMENT AGENCIES AND COURTS: |
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- Military Order #30 (1967) - gives Israeli Military Courts jurisdiction over all criminal Military Courts in the West Bank. |
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- Military Order #164 (???) - for court cases, permission of Israeli Military Officer in charge is required in order to initiate court cases against the Israeli Military or it's appointees, or to also obtain testimony from Israeli Military officers, employees, sub-contractors, etc. |
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- Military Order #172 (1967) - establishes the Military Objections Committee to hear appeals concerning decisions of the Custodian of Absentee Property (amended by M.O.406 and others) and other land appropriation judgements of the Israeli Military and Government. Complaintant carries the burden of proof of land ownership. He must produce complete surveys of property by licensed surveyor (very expensive), and sworn statements from authorities proving details of his claim, with copies, within 45 days. This committee is not required to publish it's judgements in local newspapers (as required by Jordanian Law), but only to post in the halls of it's own offices. |
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- Military Order #??? (???) - (amends M.O.172) adds jurisdiction to the Israeli Military Objections Committee over customs assessments, and 25 other such matters. |
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- Military Order #271 (???) - (amended by M.O.1101) gives Israeli Military Objections Committee jurisdiction over appeals for compensation for damages caused by Israeli Military, or persons working for them. |
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- Military Order #310 (2/16/69) - (repeals M.O. 129) creates special Israeli Military Judicial Committee, and gives it powers usually held by the Judicial Council defined by Jordanian Law, and effectively replaces the Jordanian Courts of Cassation and Appeals reducing possible steps of appeal from 3 to 2. The members of this committee were not made public for 12 years. |
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- Military Order #348 (???) - establishes a special Israeli Government Department to help execute court orders concerning property in the West Bank. |
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- Military Order #378 (4/20/70) - empowers Military Area Commanders to establish military courts (Article 3) with prosecutors (Article 8), officials and judges(Article 4) all appointed by same Area Commanders. In addition, these courts can diverge from rules of evidence (Article 9) and regular procedures (Article 10), or hold hearings in secret (Article 11) when needed Anyone disobeying or resisting the court may be immediately sentenced and jailed for upto 2 years (Article 17). If the Area Commander does not approve of the results of a trial, he has the right to cancel its proceedings and call for a new trial in front of a new judge (Article 42.4), or change the sentence (Articles 44 & 50.C.5.b). No appeal is allowed on jurisdictional grounds, but is allowed against the findings of guilty or the sentence (Article 43). Allows the court to order the detention of a person for 6 month periods without trial (using an "arrest warrant"). The person can then be kept in jail longer with issuance of a new arrest warrant. Detention without trial is called, "administrative detention" (Articles 78.F & 87). States that the Military Area Commander has the right to restrict any movements and activities of any persons (Article 85) including confinement to a specific area including his home (Article 86). In addition, Area Commanders have the right to restrict or control the use of any vehicle for any purpose (Article 88), have the right to impose curfews on any area (Article 89), and have the right to close off any area or building or business or institution to any person prohibiting either entrance or exit (Article 90 & 91). In addition, the burden of proof is on the defendant to prove his innocence (Article 94). |
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- Military Order #406 (???) - reassigned jurisdiction over tax assessments appeals from the Court of First Instance to the Israeli Military Committee of Objections. |
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- Military Order #412 (???) - transfers powers of Jordanian Minister of Justice over to Israeli Military Judicial Committee, and orders this Committee to proceed justly. |
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- Military Order #783 (3/25/79) - establishes 5 regional "religious councils" in the West Bank to cover all Israeli-controlled lands in the West Bank. Establishes special Settlement Courts in the Israeli Settlements to try criminal cases (replaced by M.O.892, and relevant amendments also in M.O.1058). |
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- Military Order #841 (???) - gives Israeli Military Commander the power to inspect files of cases pending in the Courts, and right to withdraw cases from the court schedule. |
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- Military Order #847 (???) - declares only Israeli Notaries can authenticate signatures. |
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- Military Order #892 (3/1/80) - established additional "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). Replaces M.O.561 and M.O.783 (Article 7 & 8). |
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- Military Order #981 (4/11/82) - establishes Rabbinical Courts in the Settlements to hear personal matters of settlers (such as divorce, adoption, inheritance, etc.). |
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- Military Order #1025 (???) - gives Israeli Military juridicial bodies (left undefined) rights to rule in disputes over immoveable property disputes against Jordanian Law which forbids foreign entities from doing so. |
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- Military Order #1031 (12/5/82) - fines that go unpaid are doubled. |
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- Military Order #1036 (???) - increases court fees. |
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- Military Order #1057 (6/22/83) - renames the Settlement Courts, and extends their jurisdiction. |
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- Military Order #1058 (???) - (amends M.O.783) pertaining to Settlement Courts in the Israeli Settlements in the West Bank. |
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- Military Order #1060 (6/28/83) - transferred land disputes being handled in local Jordanian Courts to Israeli Military Committee for judgement. |
| - Military Order #1071 (7/10/83) - (amends M.O.845) increases maximum fines up to 1,500,000 IS ($25,000). |
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- Military Order #1083 (???) - gives parents right to respond to court before sentencing is imposed for the crimes of their children. |
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- Military Order #1101 (???) - (amends M.O.271) in order to apply to the Israeli Military Objections Committee for compensation for damages caused by Israeli Military, person must first get certificate from Area Commander that the Military personnel causing the damage were involved in a "security" operation at the time. |
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| MILITARY ORDERS APPOINTING ISRAELI MILITARY COMMITTEES, OFFICERS, OR AGENTS TO TAKE OVER LICENSING AND PERMIT PROCESSING OF A WIDE RANGE OF COMMERCIAL AND PRIVATE ACTVITIES, CREATING A WEB OF MILITARY CONTROL OVER PRACTICALLY EVERY ASPECT OF ARAB LIFE IN THE OCCUPIED TERRITORIES: |
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- Military Order #25 (6/18/67) - requires Israeli Military issued permit for all transactions involving immoveable property. |
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- Military Order #26 (6/18/67) - gives Israeli Military control over currency transactions, bills of exchange, Gold transactions. |
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- Military Order #33 (6/26/67) - gives Israeli Military control over bank deposits. |
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- Military Order #45 (7/9/67) - transfers control of Jordanian Banks, and applications for new banks, over to Israeli-appointed position of "Inspector of Banks". |
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- Military Order #47 (7/9/67) - farmers need permission from Israeli Military appointee to transport agricultural goods. |
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- Military Order #49 (7/11/67) - farmers need permission from Israeli Military appointee to transport agricultural goods within "closed areas". |
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- Military Order #50 (July, 1967) - all publications published in, or imported into the West Bank must be approved by Israeli Military appointee (amended by ??? (8/6/80)). |
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- Military Order #??? (July, 1967) - gives Israeli Military-appointed "Principle Traffic Authority" jurisdiction over all traffic offences as defined by Jordanian Law. |
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- Military Order #??? (???) - all plans to install or move telephones must be approved by Israeli Military appointee. |
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- Military Order #??? (???) - all lease applications for over 3 year periods must be approved by Israeli Military appointee. |
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- Military Order #92 (8/15/67) - gives control of all water in WBGS to Israeli Military (Article 5). Gives Military power to appoint and direct the organization and directors of any "water entity" in the region (Article 5). Regulations that follow then requires a license from the Israeli Military to install or continue to own or operate any type of water control device (pump, well, irrigation equipment, etc.) which the Military can withdraw at any time. Public Notice of decisions in local newspapers no longer required, only posting within offices of the Israeli Military Authority. |
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- Military Order #93 (8/22/67) - gives power of Insurance business over to Israeli Military-appointed Committee (amended by future amendment). |
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- Military Order #??? (???) - (amends M.O.93) giving all Insurance business to the Israeli Insurance Syndicate. |
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- Military Order #267 (???) - gives Israeli Military control over registration of new companies. |
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- Military Order #361 (12/18/69) - requires car mechanics to register with the Israeli Military the particulars of all cars that they service. Gives any policeman access at any time to the information in this register. Provides prison term of 2 years and/or fine of 3000 Liras if info is not accurate or up-to-date. |
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- Military Order #362 (???) - (amends M.O.267) gives Israeli Military Judicial Committee control over registration of new companies. |
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- Military Order #379 (???) - gives Israeli Military Judicial Committee control over registration of trademarks. |
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- Military Order #395 (???) - amends M.O. 361, adding requirement that register kept of customer vehicles include descriptions of damage, his guess how damage was caused, and description of the repairs to that damage. |
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- Military Order #398 (6/19/70) - gives Israeli Military Judicial Committee control over registration of companies and trademarks. |
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- Military Order #418 (1971) - gave control of Palestinian development, building, infrastructure repair, construction licensing and permit issuance over to councils and committees controlled by Israeli Military. |
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- Military Order #450 (???) - transfers responsibilities and powers of the Jordanian Dept. of Land & Surveys to Israeli Military Committee. |
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- Military Order #451 (???) - transfers responsibilities and powers of the Jordanian Dept. of Land & Surveys to Israeli Military Committee. |
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- Military Order #514 (5/8/71) - gives all responsibilities and powers defined by Jordanian Law pertaining to pensions over to an Israeli Military appointed Pensions Committee. Appeal concerning decisions by this Committee are to be made to the Israeli Military Objections Committee. |
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- Military Order #528 (10/7/73) - reduced licensing requirements for lawyers. Gives Israeli Military Judicial Committee responsibilities and powers usually held by local bar association. |
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- Military Order #537 (3/17/74) - removed Mayors of major West Bank cities, who were elected by Palestinian citizens, from their positions. |
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- Military Order #555 (???) - gives Israeli Military Judicial Committee control over registration of tradenames and patents. |
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- Military Order #569 (12/17/74) - created a Dept. of Special Land Transactions where registration of lands declared to be "state lands", or lands appropriated for security reasons occurs. Public notice of these transactions limited to notices posted within this office instead of newspapers. |
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- Military Order #745 (1/4/78) - affected licensing requirements for, and practices of medical personnel. |
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- Military Order #768 (10/8/79) - affected duties of surveyors. |
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- Military Order #780 (2/21/79) - reduced licensing and training requirements for lawyers. |
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- Military Order #825 (3/20/80) - amends Jordanian Labor Law No. 21, forbidding election to administration of a trade union anyone not working in that profession, or who is not an employee of that trade union, or who has been convicted of a criminal offense (carrying sentence over 5 years) or security offense in that area. Israeli Military Officer overseeing trade union elections has right to demand list of nominees, and strike any nominee he wishes, order the trade union administrative council to continue even with too few members, and to issue regulations governing this. |
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- Military Order #854 (7/6/80) - puts Israeli Military in control of acceptance and entrance of students, and faculty and staff employment at West Bank Universities. Israeli Military controls licensing of teachers. Students without I.D. Cards must register with the Israeli Military. |
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- Military Order #936 (September, 1981) - empowered the Israeli Military-appointed "Principle Traffic Authority" to cancel driver's license of people convicted of security offenses and other offenses. Appeal must be submitted within 7 days, and is reviewed by committee of Israeli Military Officers. |
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- Military Order #??? (September, 1981) - creates a committee of Israeli Military Officers to review all applications for driver's license. Applicant is required to submit a certificate from the Israeli Police proving he had not been convicted or served a sentence for a criminal offense within last 5 years. |
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- Military Order #??? (???) - (amending above M.O.) also requiring driver's license applicants to0 submit a certificate from the Israeli Police proving they had not been covicted of a Security Offense. Also, forbids Taxi Drivers from refusing rides to any passenger who can pay the fare. |
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- Military Order #947 (11/8/81) - establishes the civilian administration, whose head is appointed by the area commander (Article 1) and will administer its duties as directed by regulations set by the area commander (Article 2 & 3) or by subsidiary legislation issued by the head (Article 4 & 5). This order makes clear the ultimate authority for this administration remains with the area commander (Article 6.b). |
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- Military Order #950 (1/16/82) - describes powers of the "Head of Civilian Administration" to pass new laws, but describes how they must follow Military Orders. |
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- Military Order #952 (1/20/82) - prohibits residents of West Bank from buying foreign currencies except for importing good and services, or for transfer to a dependent relative living outside the West Bank (not to exceed $3000). Also, residents of the West Bank cannot take more than $3000 with them when they travel outside the West Bank, and no more than $500 of that total can be in cash. Requires all residents who have bank accounts to inform the Israeli Military authorities of the account and it's balance. Residents who own immoveable property outside the West Bank are required to inform the Israeli Military authorities about the details of that ownership. |
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- Military Order #973 (9/6/82) - prohibits all money transfers by individuals unless permission has been obtained from the Israeli Military authorities (amended by M.O.1070). |
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- Military Order #974 (6/9/82) - establishes Fund for the development of Judea and Sumaria. All funds coming into the West Bank for development purposes must come through this fund, or obtain in advance a permit from the Israeli Military-appointed Civilian Administration which administers the fund. |
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- Military Order #998 (7/11/82) - prohibits any resident individuals or organizations from accepting any gifts or loans which have not either come through the fund, or do not have a permit from the civilian administration administering the fund. Within 30 days, all financial institutions in the West Bank must submit to the Israeli Military-appointed Civilian Administration a list of all their resident bank accounts, and within 60 days all of their bank accounts originating outside the West Bank. All withdraws must first obtain a permit from the Civilian Administration. All deposits can only be made into accounts so registered with the Civilian Administration. |
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- Military Order #1002 (???) - requiring license issued by Israeli Military-appointed authorities to sell seedlings and operate a nursery. |
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- Military Order #1010 (7/25/82) - (amends M.O.47) concerning details of transportation of agricultural goods. |
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- Military Order #1015 (8/27/82) - permission required of Israeli Military Commander to plant fruit trees. |
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- Military Order #1070 (7/7/83) - (amends M.O.973) requires resident organizations to obtain permission from Israeli Military-appointed authorities in order to send or receive money transfers. |
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- Military Order #1103 (???) - forbids production or import of cosmetics without a license. |
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- Military Order #??? (7/3/82) - (amends M.O.1118) imposes taxes on imported services. |
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- Military Order #1198 (11/19/87) - minimum wage requirements in WBGS. Unenforced. |
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MILITARY ORDERS CENSORING FREEDOM OF SPEECH & EXPRESSION: |
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- Military Order #50 (July, 1967) - all publications published in, or imported into the West Bank must be approved by Israeli Military appointee (amended by ??? (8/6/80)). |
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- Military Order #101 (8/27/67) - prohibits publication of anything political in any medium, including paintings (amended by M.O.1079). |
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- Military Order #107 (8/29/67) - publishes a list of 60 prohibited school textbooks. |
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- Military Order #??? (8/6/80) - publishes a list of prohibited publications. |
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- Military Order #1079 (???) - (amends M.O.101) prohibits video and audio work of a political nature. Publishes new list of over 1000 items including all United Nations Resolutions pertaining to Palestine, poetry, novels, etc. |
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MILITARY ORDERS ALLOWING GOVERNMENT CONFISCATION OF PRIVATELY OWNED LAND & PROPERTY: |
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- Military Order #58 (1967) - gives control of absentee land to Israeli military. Defines absentee as someone who left Israel before, during, or after the 1967 war. Allows Israeli Military to keep property even if the property was taken by mistake due to a misjudgement (that it was abandoned for example). |
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- Military Order #59 (1967?) - establishes the Israeli Military-appointed position of "Custodian of Government Property" to take over land owned by the Jordanian Government. Also, allows the "Custodian of Government Property" to appropriate land from individuals or groups by declaring it "Public Land" or "State Land", the latter which it defines as land that was owned or managed by, or had a partner who was an enemy body or citizen of an enemy country during the 1967 war (amended by M.O.1091). |
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- Military Order #291 (12/19/68) - Gives the Military control over all disputes involving land and water (Article 2). Cancels incomplete Palestinian land ownership registrations and land disputes being heard by the Jordanian Settlement of Dispute Courts (Article 3). |
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- Military Order #321 (1969) - gave Israeli Military right to confiscate Palestinian land in name of 'Public Service' (left undefined), and without compensation. |
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- Military Order #??? (1994-6) - (amendments to M.O. 321) concerning building by-pass roads. |
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- Military Order #348 (???) - establishes a special Israeli Government Department to help execute court orders concerning property in the West Bank. |
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- Military Order #364 (12/29/69) - (amends M.O.59) by declaring that Israeli Military can appropriate land simply by declaring it "State Lands" (according to previous definitions). |
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- Military Order #569 (12/17/74) - created a Dept. of Special Land Transactions where registration of lands declared to be "state lands", or lands appropriated for security reasons occurs. Public notice of these transactions limited to notices posted within this office instead of newspapers. |
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- Military Order #??? (???) - requires West Bank residents to list all immoveable property owned on income tax forms. |
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- Military Order #1060 (6/28/83) - transferred land disputes being handled in local Jordanian Courts to Israeli Military Committee for judgement. |
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- Military Order #1091 (1/20/84) - (amends M.O.59) adds to the definition of "State Lands" lands which are the subject of an appropriation order. |
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- Military Order #??? (1994-6) - building by-pass roads. |
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- Military Order #??? (1997) - 7-Star Plan building 17 settlements south of Jerusalem for 50,000 people. |
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MILITARY ORDERS CONFISCATING NATURAL RESOURCES: |
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- Military Order #92 (8/15/67) - gives control of all water in WBGS to Israeli Military (Article 5). Gives Military power to appoint and direct the organization and directors of any "water entity" in the region (Article 5). Regulations that follow then requires a license from the Israeli Military to install or continue to own or operate any type of water control device (pump, well, irrigation equipment, etc.) which the Military can withdraw at any time. Public Notice of decisions in local newspapers no longer required, only posting within offices of the Israeli Military Authority. |
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- Military Order #158 (11/19/67) - gives control of all water in WBGS to Israeli Military. |
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MILITARY ORDERS CONCERNING REGISTERING POPULATION BY RELIGION & NATIONALITY OF ORIGIN: |
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- Military Order #297 (???) - establishes I.D. Card system which are required by authorities for all business transactions. Gives Israeli Military right to confiscate I.D. Cards for any reason. Israeli Military not required to give receipt when confiscating I.D. Cards. |
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MILITARY ORDERS CREATING SEPARATE JUDICIAL SYSTEM FOR ISRAELI SETTLERS RESIDING IN THE OCCUPIED TERRITORIES: |
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- Military Order #??? (1974) - established "religious councils" to administer Jewish Settlements in the West Bank. |
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- Military Order #561 (1974) - established "religious council" to administer the Jewish Settlement of Kiryat Arba. |
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- Military Order #783 (3/25/79) - establishes 5 regional "religious councils" in the West Bank to cover all Israeli-controlled lands in the West Bank. Establishes special Settlement Courts in the Israeli Settlements to try criminal cases (replaced by M.O.892, and relevant amendments also in M.O.1058). |
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- Military Order #892 (3/1/80) - established additional "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). Replaces M.O.561 and M.O.783 (Article 7 & 8). |
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- Military Order #981 (4/11/82) - establishes Rabbinical Courts in the Settlements to hear personal matters of settlers (such as divorce, adoption, inheritance, etc.). |
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- Military Order #1057 (6/22/83) - renames the Settlement Courts, and extends their jurisdiction. |
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- Military Order #1058 (???) - (amends M.O.783) pertaining to Settlement Courts in the Israeli Settlements in the West Bank. |
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- Military Order #1080 (10/3/83) - (amends M.O.180) allows Israeli Military-appointed Village Leagues to carry guns and assume many police duties. |
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MILITARY ORDERS LIMITING OTHER CIVIL RIGHTS OF PALESTINIANS RESIDING IN THE OCCUPIED TERRITORIES: |
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- Military Order #29 (6/23/67) - concerns operations of prisons. Establishes registration system for tracking prisoners while they are in the prison system. Rules that prisoners can be denied access to a lawyer at any time at the discretion of the Israeli Military Commander. |
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- Military Order #65 (8/18/67) - forbids businesses from employing people residing outside West Bank without permission. Forbids people or organizations from outside the West Bank from starting businesses within the West Bank. |
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- Military Order #128 (10/27/67) - gives Military right to take over any business that does not open during regular business hours. Requires businesses to serve anyone who can pay reasonable fees. |
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- Military Order #133 (1967) - requires a business to sell an official publication if Military orders it to. |
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- Military Order #134 (9/29/67) - prohibits using tractors and other farming equipment from Israel in the West Bank. |
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- Military Order #144 (10/22/67) - repeals Military Proclamation 3, Article 35 concerning protection of civilians as per the Geneva Conventions. |
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- Military Order #224 (1967) - declares that the Emergency Regulations installed by the British Mandate Authorities in 1945 are in affect in the West Bank until specifically declared invalid by name. These Regulations gave the Military powers to violate civil rights and international laws because a security emergency had been declared in the West Bank. |
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- Military Order #??? (1967) - declares that the Emergency Regulations installed by the British Mandate Authorities in 1945 are in affect in Gaza until specifically declared invalid by name. These Regulations gave the Military powers to violate civil rights and international laws because a security emergency had been declared in Gaza. |
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- Military Order #284 (7/26/68) - prohibits training or contact with any "hostile organization" which includes any organization with aims to endanger the security of the public, or the IDF, or public order in Israel, or other areas under control of the Israeli Military. |
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- Military Order #290 (???) - adds to deportation procedures and rules used in Gaza, and described in the 1945 Emergency Regulations of the British Mandate Authorities. Orders are issued by the Area Commander. Deportee can be detained in prison until deportation occurs. Appeal can be made to a Israeli Military Court of Objections who hears the case in secret (even from the accused), and can only issue non-binding recommendations. Appeal also can be made to the Israeli High Court, who also hears the case in secret, and by practice only reviews the jurisdiction of the issuing officer, and not the details of the case itself. |
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- Military Order #329 (???) - adds to deportation procedures and rules used in the West Bank, and described in the 1945 Emergency Regulations of the British Mandate Authorities. Orders are issued by the Area Commander. Deportee can be detained in prison until deportation occurs. Appeal can be made to a Israeli Military Court of Objections who hears the case in secret (even from the accused), and can only issue non-binding recommendations. Appeal also can be made to the Israeli High Court, who also hears the case in secret, and by practice only reviews the jurisdiction of the issuing officer, and not the details of the case itself. |
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- Military Order #361 (12/18/69) - requires car mechanics to register with the Israeli Military the particulars of all cars that they service. Gives any policeman access at any time to the information in this register. Provides prison term of 2 years and/or fine of 3000 Liras if info is not accurate or up-to-date. |
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- Military Order #378 (4/20/70) - empowers Military Area Commanders to establish military courts (Article 3) with prosecutors (Article 8), officials and judges(Article 4) all appointed by same Area Commanders. In addition, these courts can diverge from rules of evidence (Article 9) and regular procedures (Article 10), or hold hearings in secret (Article 11) when needed Anyone disobeying or resisting the court may be immediately sentenced and jailed for upto 2 years (Article 17). If the Area Commander does not approve of the results of a trial, he has the right to cancel its proceedings and call for a new trial in front of a new judge (Article 42.4), or change the sentence (Articles 44 & 50.C.5.b). No appeal is allowed on jurisdictional grounds, but is allowed against the findings of guilty or the sentence (Article 43). Allows the court to order the detention of a person for 6 month periods without trial (using an "arrest warrant"). The person can then be kept in jail longer with issuance of a new arrest warrant. Detention without trial is called, "administrative detention" (Articles 78.F & 87). States that the Military Area Commander has the right to restrict any movements and activities of any persons (Article 85) including confinement to a specific area including his home (Article 86). In addition, Area Commanders have the right to restrict or control the use of any vehicle for any purpose (Article 88), have the right to impose curfews on any area (Article 89), and have the right to close off any area or building or business or institution to any person prohibiting either entrance or exit (Article 90 & 91). In addition, the burden of proof is on the defendant to prove his innocence (Article 94). |
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- Military Order #395 (???) - (amends M.O. 361) adding requirement that register kept of customer vehicles include descriptions of damage, his guess how damage was caused, and description of the repairs to that damage. |
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- Military Order #537 (3/17/74) - removed Mayors of major West Bank cities, who were elected by Palestinian citizens, from their positions. |
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- Military Order #815 (???) - (amends M.O.378) changes procedures for administrative detentions (imprisonment without charges or trial). Initially, Area Commander can issue an order for administrative detention for up to 6 months, and a regional commander can issue such an order for up to 96 hours. This can then be renewed indefinitely in increments of 6 months. Orders must be reviewed by a Military Committee within 96 hours, and then every 3 months thereafter. The prisoner can request an appeal, but if granted, is conducted in secret not even heard by the prisoner. Appeals heard by a Military Court of Objections can only result in a non-binding recommendation, appeals to the Israeli High Court by practice only leads to a judgement concerning the proper jurisdiction of the officer issuing the order, and not concerning the details of the case itself. |
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- Military Order #818 (1/22/80) - rules governing the planting of certain decorative flowers. |
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- Military Order #1015 (8/27/82) - permission required of Israeli Military Commander to plant fruit trees. |
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Hertzberg, Rabbi Arthur. "The Zionist Ideal: A Historical Analysis and Reader". Atheneum Publishing, New York (1959).
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Rabah, Jamil & Fairweather, Natasha. "Israeli Military Orders in the Occupied Palestinian Territories: 1967-1992". Jerusalem Media & Communication Centre, East Jerusalem, West Bank (1993).
Shehadeh, Raja. "Occupier's Law: Israel and the West Bank". Institute for Palestinian Studies, Washington D.C. (1985).
Shehadeh, Raja. "From Occupation to Interim Accords: Israel and the Palestinian Territories". Kluwer Law International, Boston, MA (1997).
Simons, Chaim. "International Proposals to Transfer Arabs from Palestine: 1895-1947, A Historic Survey". Ktav Publishing House, Hoboken, NJ (1988).
United Nations website - www.un.org
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