In accordance with the jurisdiction vested in me as Commander of the Area, l hereby order as follows:

SECTION I: GENERAL REGULATIONS

• Definitions and General Instructions
  1.
  • (a) In this Order:
    • MILITARY COURT and COURT: established by virtue of this order.
    • INFLAMMABLE or EXPLOSIVE MATERIAL: any thing or material, including liquids or gasses, intended or liable to cause an explosion or start a fire.
    • REDUCTION OF PENALTIES: (including the shortening, substituting or postponing of execution, either totally or partially). This order shall consider a fine to be a lighter penalty than a term of imprisonment whatever its duration, so long as the substitution of a fine for a prison sentence does not exceed 30 Israeli liras for every day of imprisonment.
    • FIRE ARMS: any weapon of any type which can inflict injury or death, or possesses a barrel from which a bullet or projectile may be fired. This term includes any part or section of such a weapon fitted or adapted to diminish the noise or flash caused by its firing.
    • PUBLIC OFFICIAL: this includes the police, members of the security service, as defined by the Order Concerning Security Personnel in the Area, anyone employed by the Israeli Defence Forces or by local authorities, and any other employee in whom jurisdiction is vested by any legislation or security provision.
    • ORDER: this includes every appointment, order, notification, instruction, request and authorization.
    • VITAL SERVICES: essential services to insure law and public order in the area, to guarantee the safety of the public and soldiers of the Israeli Defence Forces, or to protect the lives of the public.
  • (b) Wherever reference is made in this Order to bombs or hand-grenades or explosives or incendiary material or ammunition, this reference shall be interpreted to include any part or parts of such ordnance as well.
  • (c) Any subsequent order issued by virtue of the regulations which follow shall become effective from the date of issue.
  • (d) Any order may be issued verbally if the appropriate authority sees fit.
  • (e) The authority which creates and issues orders shall announce their implementation as quickly as possible and in whatever manner it sees fit. However, no order will be considered invalid on the grounds that it was not brought to the attention of the person whom it concerned.
  • (f) The regulations of this article shall be applicable to every security legislation.

• 2.
  • (a) It is permissible for the Area Commander to appoint a Military Commander to any region or district in the area. This appointment may be made by announcing the appointees name or by referring to the position. If a position is referred to, then the person occupying that position at the given time shall be deemed to be the Military Commander of that region or that district.
  • (b) The Area Commander may grant an individual the jurisdiction of a Military Commander, in total or in part. In circumstances in which an issued order may be contradictory to an order issued by the Area Commander or by the Military Commander, then the order issued by the Area or Military Commander will take precedence.

SECTION II - THE COURTS AND THE JUDICIARY

• Establishment of Courts
  3. Military courts shall be established in the area; these are military courts as defined in article 4 and military courts presided over by a single judge, as defined in article 50.

• Convening of Courts
  4. Every military court shall be convened by a court president, who is an officer in the Israeli Defence Forces, holding the rank of captain or a more senior grade, and possessing legal qualifications, and two magistrates who are also officers. The court shall be established by the Military Commander, who will also appoint the president and the two magistrates.

• Substitution of a Judge
  5. In circumstances in which it is impossible for a single-judge military court, for whatever reason, to complete the proceedings, whether the court has begun to hear evidence or not, the Military Commander may appoint another judge in his place. The court, in its new form may take up the proceedings from the stage which they had previously reached. It may also, after granting the parties the opportunity to make their submissions, freely make use of the evidence heard before the previous court, or ask to hear the evidence once again, either in whole or in part.

• Location of Courts
  6. The military court shall sit at a time and place specified by the president. The court president shall be responsible for appointing the time and place in which the military court shall hear the trial.

• Jurisdiction
  7. The military court shall be granted the jurisdiction to try a crime specified in any security provision or other legislation without prejudice to the provisions of the security legislation.

• Prosecutor and Defence
  8. Every case for the prosecution which is to be tried before a military court shall be conducted by a military prosecutor appointed by the Area Commander. The accused may be defended by an advocate.

• Evidence
  9. Military courts shall conduct themselves in accordance with the same laws of evidence which apply in cases in which soldiers are tried. However, military courts may diverge from the laws of evidence in special circumstances which must be recorded, if they deem it to be in the interests of justice to do so.

• General Procedural Provisions
  10. A military court may, with regard to procedural matters not laid down by this order, adopt any course which it deems to be best calculated to ensure that justice is done.

• Trials to be Held in Public
  11. The military court shall hold cases brought before it in public. However, a military court may order that a case brought before it shall be conducted wholly or in part behind closed doors if it considers it appropriate to do so in the interests of the security of the Israeli Defence Forces, justice, or for public safety.

• Translator for the Accused
  12. If the accused does not understand Hebrew the military court shall appoint him an interpreter who will translate for him the statements made during the course of the hearing and the decisions of the court, unless the accused willingly renounces his right to have the proceedings translated wholly or in part. The accused has the right to object to a particular translator and to request that he/she be replaced.

• Swearing-in and Warning of Witnesses and Interpreters
  13.
  • (a) A military court shall warn a witness, prior to the giving of testimony, that he is obliged to tell the truth, and that he will be subject to punishment in accordance with security provisions should he fail to do so. The witness shall be required to swear to tell the truth. He is, however, entitled to make it known that, for reasons of conscience or religious belief, he does not want to swear, but would rather affirm, so long as the court is of the opinion that the reasons given by the witness are in good faith.
  • (b) The provisions of sub-clause (A) shall also apply, with the necessary modifications, to the warning and swearing-in of the interpreter.

• Adjournment of the Court
  14. A military court may adjourn at any stage during the proceedings and may reconvene at any place or time that the court orders. The court shall provide directives concerning the custody of the accused and order his appearance at the adjourned hearing.

• Recording the Trial
  15.
  • (a) The president of the court shall either record the case personally of use the services of a registrar.
  • (b) The record shall comprise a summary of the following matters:
    • 1. The accused's reply to the allegations;
    • 2. The testimony of witnesses;
    • 3. Submissions presented;
    • 4. Findings of law (findings and decisions taken by the court, regardless of whether they are to the accused's advantage or disadvantage);
    • 5. The judgement and sentence.
  • (c) The president of the court shall sign every legal finding and sentence.

• Summoning the Accused and Witnesses
  16.
  • (a) A military court may summon, at the request of either party, any person to give evidence in the case if it considers that summoning him will assist in the clarification of any question pertaining to the hearing. The court may, of its own accord, summon a witness itself.
  • (b) A military court may at any time issue an attendance order to the accused, if it deems such a measure necessary to compel the accused's attendance at the hearing at the appointed time.
  • (c) A military court may, at the request of a party or at the suggestion of a court, order a witness who has been summoned, or any other person, to present to the court at the time fixed by it in the summons or order, any documents, specified in the summons or order, which are in his possession.
  • (d) A military court may order any person appearing before it to give evidence or to produce documents at any time which it sets. Such persons shall be subject to the same law which applies to individuals who have been summoned or ordered to produce documents before the court.
  • (e) Any person summoned to give evidence who fails to appear, or ordered to produce documents who does not so produce, may have an attendance order brought against him in order to compel his attendance in court.
  • (f) Any person against whom an attendance order has been brought, in accordance with sub-clause (B) or (E) above, is to appear as soon as possible before the military court, which shall determine whether to detain him in custody or to free him on conditions which it shall lay down.

• Imprisonment of Witnesses or the Accused for Failure to Obey a Summons. Contempt of Court
  17. Any person summoned to appear before a military court who, without reasonable excuse, has failed to attend, or to produce a document or evidence in his possession or control, or who, having attended court, leaves without having obtained the prior consent of the court, or who fails to appear after the adjournment of the court in spite of being ordered to attend, or any person who, in the presence of the court, refuses to obey any directive of the court, or insults the court, or any member thereof, or obstructs or hinders the proceedings of the court, may be immediately sentenced to imprisonment by the court, although the term should not exceed two years. Nothing contained herein shall affect the authority of the military court to try an offence, under this clause, by way of ordinary prosecutory proceedings fixed by this order, provided that no person shall be charged twice for the same offence.

• Examination of Witnesses
  18. All witnesses, other than the accused, who have chosen to make a statement rather than take an oath prior to giving evidence before a military court, shall be liable to examination, cross-examination and re-examination.

• Witnesses in Cases in which there are Several Accused
  19. In cases in which there are several individuals accused of an offence, the order of the examination of witnesses shall proceed as follows:
  • 1. In cross-examination - witnesses shall be cross-examined by the prosecution or by their counsel in accordance with the order in which their names appear on the list of court proceedings;
  • 2. Primary prosecution - a witness shall be first examined by the prosecution or the counsel who summoned him, and thereafter by the other members of the prosecution or defence in the order set out in sub-clause 1.

• Unanimous Determination of Guilt
  20. No person shall be found guilty in a military court other than by the unanimous decision of the president and its members.

• The Charge and Response thereto
  21.
  • (a) Prior to the accused's appearance in a miliary court, the nature of the charges and details thereof shall be recorded in the charge sheet which shall be brought by the prosecutor before the court. A copy of the charge sheet shall be given to the accused before his hearing.
  • (b) At the beginning of the hearing the charge sheet shall be read out in front of the accused.
  • (c) The accused shall be asked if he pleads guilty as charged or admits to the facts or not.
  • (d) The accused may answer such questions in one of the following ways:
    • 1. He may admit the charge;
    • 2. He may refute the charge;
    • 3. He may refute the charge, but admit to certain facts, in whole or in part, raised in connection with the action which is the subject matter of the charge.
  • (e) If an accused does not answer the question put to him in accordance with sub-clause (D) above, he shall be deemed to have refuted the charge.
  • (f) With the consent of the court, the accused may at any stage of the proceedings until judgement is given, withdraw the response which he gave pursuant to sub-clause (D) above.

• Joinder of Charges
  22. Separate charge sheets shall be kept for each offence, but any number of charges may be brought at the same time and may be tried together or separately as the court deems fit. The accused shall make a separate and distinct plea to each charge.

• Amendment of the Charge
  23. At any stage in the proceedings, the court may at the request of the military prosecutor, or the accused, or of its own volition, amend the charge or cause the accused to be charged with another offence, provided that the accusation brought by the court as stated above shall be based on the evidence brought before it during the hearing. The court, before proceeding with the trial after the charge has been amended as specified above, may, at its own discretion if it deems it to be in the interests of the accused, grant an adjournment of the trial, or permit the prosecutor or the defense to recall and re-examine any witnesses.

• Joinder of the Accused
  24. If a number of people stand accused for the same crime or for crimes emanating from the same set of circumstantial facts, they may be charged and tried together or separately at the court's discretion.

• Separate Trials
  25. If, at any stage of the proceedings, the court decides that the case against the several accused parties should be tried separately, each individual hearing shall be permitted to take up the case against the accused person or persons whose trials were ordered to be separated, from the point at which the joint proceedings were halted when the court ordered the separation of trials, or in accordance with the decisions taken by the subsequent court hearing the trial.

• Procedure after Admission of Guilt
  26.
  • (a) If the accused admits to the facts of any charge, the court may, for reasons which it shall record, decide not to accept the plea and to continue with the trial as if the accused had refuted the charges, but admitted the facts outlined by the court.
  • (b) If the court does decide to accept the accused's admission then the accused shall be deemed guilty and the court shall hold him guilty in accordance with his admission.
  • (c) Before it acts in accordance with sub-clause (B) above, the court must be satisfied that the accused fully understands the nature of the charge brought against him and the implications of his admission of guilt.
  • (d) If there are several individuals accused in the case and only some of them admit the charge, the court may find these individuals guilty on the strength of their confession in accordance with this clause, and sentence the individual immediately, or the court may postpone the finding of guilt until judgement is passed on the other accused parties, provided that no accused person is called as a witness to give evidence in the case, before the court has made its finding of guilt against him, and sentenced him accordingly.
  • (e) The military prosecutor shall summarise before the court the facts which constitute the charge and the offence before the verdict is passed.
  • (f) If the accused takes exception to these facts, either in whole or in part, the court may allow for further evidence to be heard in connection with the facts in dispute.

• Provisions Relating to Offences Punishable by Death
  27. Where a person has been accused of a crime which carries the death sentence, the proceedings shall take place in accordance with clauses 21(C),(D),(E),(F) but the court will proceed as though the accused has refuted the charge.

• Proceedings after Admission of Facts
  28.
  • (A) In cases in which the accused has refuted the charge but admitted facts, in whole or in part, or where the court has decided in accordance with clause 26 to consider him to have done so, such facts shall be considered as proven with regards to the accused.
  • (B) Despite what has been stated in sub-clause (A) above, the court may require the military prosecutor to prove any facts which the accused has admitted to in his response to the charge, and, if the court so requires such facts shall not be regarded as proven until the military prosecutor has proved them.

• Procedure after Denial of Guilt
  29.
  • (A) If the accused does not admit the truth of any charge, or the court refuses to accept a plea of guilt, the court shall proceed to hear the case brought by the military prosecutor and his witnesses and any other evidence which it deems fit.
  • (B) If the accused does not employ an advocate the court shall, at the close of the examination of each witness for the prosecution, ask the accused whether he wishes to put any questions to that witness; the accused's answer is to be recorded.

• Acquittal at End of Case for the Prosecution
  30. If it appears to the court at the end of the Prosecutor's summing-up statement that no substantial case against the accused exists, then the court shall acquit the accused of that charge.

• The Defence
  31.
  • (A) If, at the close of the case for the prosecution, the court considers that a case has been made for the accused to answer the charge, the court shall explain to the accused that he is not obliged to give evidence, but that should he give evidence on oath, he shall be subject to cross-examination, and the court shall ask him if he wishes to say anything in answer to the charge, or wishes to give evidence, or call any witness in his defence; and, should the accused wish to give evidence, the court shall hear the evidence and that of any witness whom he summons.
  • (B) If the accused declares that he has witnesses to call but that they are not present the court may, at its own discretion, adjourn the trial and, if it sees fit, may order steps to be taken to secure the attendance of such witnesses at the appointed time.

• Summing Up
  32. Once the counsel for the defence has put its case before the court, the Prosecutor may sum up his case and then the accused or his counsel may sum up their case.

• Acquittal to be Pronounced Immediately
  33. If the court acquits the accused, the finding of acquittal shall be pronounced at once and the accused shall be freed if there are no other reasons to detain him in custody.

• Conviction and Sentence
  34.
  • (A) If the court convicts the accused on a charge, it shall pass sentence upon him.
  • (B) Prior to passing sentence on the accused the military court shall give the military prosecutor the opportunity to bring forward any further evidence at his disposal which may influence the nature of the punishment or its extent. Thereafter, the accused shall have the right to make any statement or provide any testimony, reasons or evidence with a view to mitigating the sentence.
  • (C) At the end of the proceedings set out in sub-clause (B) above the prosecutor shall be entitled, and after him the accused or his counsel shall be entitled, to deliver a statement concerning the extent of the punishment; when the Counsel has summed up his statement, the court shall enable the accused to have a final say.

• Presence of the Accused During the Trial
  35.
  • (A) Every person tried before a military court shall be entitled to be present during the whole trial so long as he conducts himself properly.
  • (B) If the accused does not conduct himself properly the court may, at its own discretion, order his removal from the courtroom and continue the proceedings in his absence, provided that it makes provisions for informing the accused of what has occurred during the trial, and gives the accused the opportunity to defend himself.
  • (C) The court may, as it deems fit, permit the accused to be absent from the court during the whole or any part of a trial on such terms as it may set.

• The Accused Being of Unsound Mind
  36.
  • (A) In circumstances in which a military court decides that the accused being tried before it cannot be punished on account of suffering from a psychological illness at the time of the crime, the court may decide to detain him in a suitable establishment to be specified by the Area Commander, and to hold him in custody there so long as the Area Commander remains convinced that the accused is suffering from the above-mentioned illness.
  • (B) If, during the proceedings in a military court, it appears to the court that the accused is not capable of being tried because he is suffering from a disease of the mind, the court may order that the individual be detained for a period to be determined by the Area Commander. The Area Commander may, on the evidence of two military doctors that the individual detained in accordance with this sub-clause is now of sound mind, and if he deems it fit, determine that the accused be tried in accordance with the law for the offence for which he has was originally charged.
  • (C) The Area Commander may make provisions from time to time as he sees fit concerning the detention of individuals held in accordance with this clause.

• Medical Examination of the Accused
  37.
  • (A) In order to enable the military court to determine if it is appropriate to pass an order in accordance with clause 36, the court may at the request of one of the parties or of its own volition, order that the accused undergo a medical examination and if it is deemed necessary, that he be admitted to hospital.
  • (B) A hospitalisation order, passed in accordance with this clause, shall be executed by a psychiatrist appointed for the purpose by the Area Commander or by a person authorised by him; the court may not use its own judgement to specify to which particular hospital the sick individual is to be admitted, only the psychiatrist so appointed may specify the hospital which shall then admit the individual referred to in the order.

• Length of Detention
  38. In circumstances in which a military court has passed a sentence of imprisonment upon an individual who has been tried, the period in which the accused was held in custody for the offence prior to the trial shall be incorporated into the term of imprisonment.

• Confirmation of Sentence
  39. As soon as possible after the end of a trial the conviction shall be passed onto the Area Commander for his confirmation.

• Place of Custody and Imprisonment
  40.
  • (A) A person detained in accordance with this order shall be held in custody in a place specified by the Military Commander.
  • (B) A sentence of imprisonment shall be carried out in a prison specified by the Area Commander.

• Confirmation of Conviction and Sentence
  41. The conviction and sentence passed by the military court shall not be valid until it has been confirmed by the Area Commander. Where a sentence of imprisonment has been given to the convicted person, the court president shall order that the accused be detained until confirmation of the sentence is received, and such a period of detention shall be recorded and incorporated into the term of imprisonment should the sentence be confirmed.

• Powers of the Commander on Passing of a Sentence
  42. Upon passing of a sentence the Area Commander may:
  • 1. Confirm the conviction and sentence; or
  • 2. Reverse the finding of the court, acquit the accused and order his release; or
  • 3. Confirm the conviction; or pardon the accused, or mitigate the sentence; or
  • 4. Cancel the findings of the trial and order a retrial before the same or a different military court.

• Petitions to the Area Commander
  43. There can be no appeal against a judgment on jurisdictional grounds, however, the convicted person may apply to the Area Commander or the Military Commander, as the case may be, in order to appeal or make a petition in connection with the finding of guilt or the sentence. A military court, when passing sentence on a convicted person, shall bring to his notice his rights in accordance with this clause.

• Review of Sentence
  44. The Area Commander may at any time review the sentence of a military court which has been confirmed, and has the power to mitigate or remit the sentence.

• Conditions for Mitigating the Sentence
  45.
  • (A) The Area Commander, while acting under the powers conferred on him by clauses 42 and 44, and the Military Commander, while acting under the powers conferred on him by clause 50(C), (5), may impose conditions upon the convicted person before his punishment may be mitigated. Similarly, before the convicted person shall have his sentence mitigated, he may be asked to produce a surety guaranteeing that he will not commit an offence, or offences (hereinafter referred to as "further offences"), for a period which shall be determined by the Area Commander or the Military Commander by an order, but which shall not exceed three years (hereinafter referred to as "the period of surety"), from the date of giving the surety.
  • (B) If any of the conditions set for the mitigation of a term of punishment for the convicted person are subsequently broken, any military court may, upon being so requested by the military prosecutor, make provisions for the execution of the sentence as though no mitigation had been passed, with the exception of any part of the sentence which was served prior to the mitigation.
  • (C) Where the Area Commander or the Military Commander has mitigated a convicted person's sentence through the offices of a surety, the following provisions shall apply:
    • 1. The bail shall be a personal bond undertaken by the convicted person either alone, or through the offices of a surety, or by a cash deposit, or partly by a bond and partly by a cash deposit, as the Area Commander or the Military Commander may direct;
    • 2. The amount of the surety may not exceed the maximum fine which the military court is able to impose for the offence of which the accused has been found guilty;
    • 3. If the accused is found guilty of a further offence committed during the period of surety the court which tries the accused for the subsequent offence shall pass an order which concerns the realisation and forfeiture of the surety in whole or in part;
    • 4. If the accused is found guilty of a further offence committed during the period of surety and the court does not make provisions referred to in sub-clause 3, any military court may, upon being requested to do so by the military prosecutor, make provisions by order concerning the realisation and forfeiture of the surety in whole or in part;
    • 5. Any surety for which an order has been passed in accordance with the terms of sub-clauses 3 and 4, shall be treated as a fine which has not been paid on time;
    • 6. Sub-clause (B) shall not apply to the conditions of mitigation of punishment referred to in this sub-clause.

• Execution of Confirmed Sentence
  46.
  • (A) Confirmation by the Area Commander in accordance with clauses 42 or 44 shall be regarded as granting permission to any authorised person to execute the sentence of the court, or the provisions made by the Area Commander as the case may be.
  • (B) In circumstances in which an individual, in accordance with a sentence confirmed by the Area Commander, is obliged to pay a fine and does not do so, the Area Commander may order the seizure of the individual's property and its sale in order to secure the payment of the fine.

• Punishment
  47.
  • (A)
    • 1. In circumstances in which an individual is convicted before a military court, the court may impose upon him any sentence which does not exceed the maximum sentence fixed for that offence by law or by security provisions as the case may be, or any lighter sentence, including a sentence which combines a term of imprisonment with a fine, provided that the court does not impose a fine in excess of five thousand Israeli liras in cases where only a prison sentence has been specified in existing legislation.
    • 2. A military court may impose a sentence of imprisonment, for as long a term as it sees fit, for non-payment of a fine, provided that such a term does not exceed two years in prison, in addition to any term of imprisonment already imposed by the court.
    • 3. In circumstances in which a military court does not pass a ruling to impose a term of imprisonment upon the convicted person for non-payment of a fine, as stated in sub-clause (2), it is permissible for the military court to issue an imprisonment order at the request of the military prosecutor brought after the fine has not been paid within its due time.
    • 4. A term of imprisonment for non-payment of a fine shall begin to be served after the convicted person has served his other term of imprisonment.
    • 5. In circumstances in which a military court has imposed a sentence of imprisonment for non-payment of a fine, if part of the fine is paid before the convicted person has served his punishment, the period of imprisonment shall be shortened in the same proportion which the sum paid bears to the total fine
    • 6. Notwithstanding the provisions of sub-clause 1, no death penalty shall be passed upon a convicted person by a military court unless at least two of its judges are officers with legal qualifications and the sentence is unanimous.
  • (B) In circumstances in which a person has been sentenced to a term of imprisonment, except for reasons of non-payment of a fine, if, before the end of the punishment, he is sentenced to another term of imprisonment for a different offence, the second period of imprisonment shall begin immediately and run concurrently with the first unless the military court directs otherwise.
  • (C) In circumstances in which a military court in a single judgment sentences the convicted person to two terms of imprisonment for different periods, it may stipulate that the convicted person serve all or part of one term after another. If no such provision is made all terms of imprisonment shall begin on the same day.
  • (D) A court which imposes a sentence of imprisonment, except imprisonment for non- payment of a fine, may stipulate that the convicted person shall serve "hard labour" for either part or the entire period of imprisonment; the Area Commander shall determine from time to time the nature of the labour to be imposed upon the convicted person as stated.
  • (E)
    • 1. A military court which imposes a sentence of imprisonment for a fixed term, except imprisonment for non-payment of a fine, may stipulate that the punishment, in whole or in part, shall be suspended.
    • 2. Any person sentenced to a suspended term of imprisonment shall not serve his punishment unless, during the period fixed by the sentence (hereinafter referred to as "the suspended period") he commits one of the offences specified in the sentence (hereinafter referred to as "further offence").
    • 3. In circumstances in which a suspended sentence has been imposed, and the convicted person is found guilty during the suspended period or thereafter of a further offence, the court shall order that the suspended sentence be put into effect.
    • 4. In circumstances in which a person is found guilty as stated and the court does not order the implementation of the suspended punishment, the military prosecutor may, not later than two months after the sentence has been passed, petition the court for the execution of the suspended sentence.
    • 5. Any person sentenced to imprisonment for a further offence, and against whom a suspended prison sentence has been enforced, shall serve the two terms, either in whole or in part, consecutively unless the military court directs otherwise for reasons to be recorded.
    • 6. An order made under sub-clauses 3-5 shall be deemed for all purposes as a sentence of a military court.

• Pledge by the Accused to Refrain from Committing a Subsequent Crime
  48.
  • (A) A military court which makes a finding of guilt against any person may, in addition to the punishment which it imposes or in substitution thereof, order the convicted person to be bound over not to commit an offence for a period which the court shall specify but which shall not exceed three years; the binding over shall be with or without sureties and for a sum which shall not exceed the maximum penalty which the court is permitted to impose for the offence for which the convicted person has been found guilty, as the court shall order.
  • (B) In circumstances in which a military court passes an order, in accordance with sub-clause (A), to bind over a convicted person from committing an offence, the military court may compel the accused's obedience to the binding over order by imposing a sentence of imprisonment upon him for a period which shall not exceed three months.
  • (C) In circumstances in which a person is found guilty of an offence which he had, in accordance with sub-clause (A), pledged not to commit, and if he fails to pay the amount of the surety for the said offence, this amount shall be deemed by the court which imposed the original surety as a fine which has not been paid. The court may exact the amount which the accused owes from the bondsman in the same way as if it were a fine which was not paid in time.

• Enforcement of Compensation
  49.
  • (A) A military court which finds an accused person guilty may oblige him, in addition to any punishment, to pay damages for the offence which he committed, or any part of such a sum, as compensation for the damage or suffering caused by him.
  • (B) A military court shall not pass a compensation order, as stated in sub-clause (A), unless the victim and the accused have both been given the opportunity to present evidence relating to the extent of the damage.
  • (C) Sub-clause (A) shall be applied only to the category of damage defined in clause 2 of Military Order 164 (Order Concerning Local Court) (The Status of Army Authority) 1967.
  • (D) The same laws which are applicable to the late payment of a fine shall be applied to unpaid damages.

• Single-Judge Military Courts
  50.
  • (A) Single-judge military courts shall be set up by the Area Commander and shall be presided over by an officer with legal qualifications who shall be appointed by the Area Commander (such courts are hereinafter to be referred to as "single-judge courts").
  • (B) The provisions of this order shall apply to single-judge courts as if they were military courts set up in accordance with clause 4, and wherever the word "court" appears in this order it will be interpreted to mean single-judge courts as well unless any provision exist which stipulates the contrary.
  • (C)
    • 1. Single-judge courts shall sit at such times and in such places as they are instructed to.
    • 2. A single-judge court shall not have the jurisdiction to pass the death sentence.
    • 3. A single-judge court shall not have the jurisdiction to pass any sentence of imprisonment which exceeds five years or a fine which exceeds three thousand Israeli liras or a combination of this degree of fine an term of imprisonment.
    • 4. The conviction and sentence passed by a single-judge court shall not be subject to the confirmation of the Area Commander but shall be valid upon pronouncement.
    • 5. In relation to a judgement and sentence passed by a single-judge court, a Military Commander may of his own volition or upon application of the convicted person:
      • a. invalidate the finding, acquit the accused and order his release;
      • b. mitigate the punishment or commute the sentence.
    • 6. The record of every case brought before a single-judge court shall contain the following information:
      • a. the charge or charges;
      • b. the plea of the accused;
      • c. a summary of the evidence;
      • d. the court's verdict and sentence.
    • 7. Any authorised person shall be entitled to enforce the sentence passed by a single-judge court, or at the order of a Military Commander in accordance with sub-clause 5.
    • 8. If an individual has, by sentence from a single-judge court, been ordered to pay a fine and fails to do so, then the Military Commander may order the seizure and sale of the convicted person's property in order to secure payment of the fine.
  • (D) At any time prior to the court issuing its final judgement, a single-judge court shall have authority to transfer any charges to a military court, set up in accordance with clause 4 above, to place the accused in custody or free him on conditions which it shall set in order to secure his appearance before such a military court; and thereafter the military court shall have the jurisdiction to hear the case and reach a verdict in the same way as if the accused has been brought before it from the beginning.
  • (E) An accused brought to trial before a single-judge court may request at the beginning of the case that the case be transferred to a military court set up in accordance with clause 4 and the single-judge court is obliged to fulfill such a request. A single-judge court shall inform the accused at the beginning of the case of his rights in accordance with this clause.
  • (F) In circumstances in which a single-judge court is prevented for whatever reason from completing a trial, whether it has already begun to hear evidence or not, the Military Commander may order that another single-judge court should continue to try the case, picking up the proceedings from the point at which the previous single-judge court left off, and it may, after granting the parties the opportunity to be heard on the matter, conduct itself in accordance with the evidence heard by he previous court as if such evidence was presented to it, or it may request that such evidence either in whole or in part, be presented before it again.

SECTION III - OFFENCES

• Sabotage and the Causing of Death
  51.
  • (A) Any person who intentionally causes the death of another or carries out an act of sabotage against any military target shall be subject to the death sentence or any other punishment to be determined by the court.
  • (B) No death sentence may be passed by a court if the accused was under the age of eighteen at the time of committing the offence.

• Carrying of Firearms, Explosives, etc.
  52.
  • (A) No person may carry any firearm, ammunition, bomb, grenade, explosive or incendiary device without a permit granted by the Military Commander, or his delegate, or other than in accordance with the terms of the permit.
  • (B) Membership is not permitted of any group, any of whose other members have committed an offence in accordance with clause 51 or sub-clause (A) of this order.
  • (C) Any person committing an offence under the terms of this clause shall be liable to life imprisonment or any other punishment to be determined by the court.

• Offences against the Maintenance of Public Order
  53.
  • (A)
    • 1. No person may have in his possession any firearm, ammunition, bomb, grenade, explosive or incendiary device or any instrument article or thing designed or adapted for causing death or serious injury unless he carries a permit granted by the Military Commander or his delegate and unless he has fulfilled all the conditions of the licence or permit which he holds.
    • 2. No person shall manufacture any firearm, ammunition, bomb, grenade, explosive or incendiary device without a permit granted by the Military Commander or his delegate or other than in accordance with the terms of such a permit.
    • 3. No person shall destroy, endanger, interfere with, or do any act or omission calculated to destroy, damage, obstruct, endanger or interfere with the security of the area or of the Israeli Defence Forces and its soldiers, or its activities or the safe operation of the following equipment - ship, airplane, port, quay, pier, mooring, railway, waterway, road, track, railway engine, carriage, truck or any other means of public transport or public communication or any works, plant or equipment used for or designed for the manufacturing, supply, storage, transporting, transmission or distribution of water, fuel, gas or electricity, or any property of the State of Israel or of the Israeli Defence Forces.
    • 4. No person may approach or be in the vicinity of any such property as is defined in sub-clause (3) or enter thereon for the purpose of carrying out any act prohibited by that sub-clause.
    • 5. Membership is prohibited of any group, any of whose members have committed or are planning to commit any offence as defined in this clause.
  • (B) Any person who has committed an offence under this clause shall be sentenced to a term of life imprisonment or any other punishment which the court shall determine.

• Contact with the Enemy
  54. No person may make contact either in writing, orally or in anyway whatsoever with any person who, there is reason to suspect, is working for the enemy, whether they be in the employ of an enemy organisation or in any other way connected to the enemy.

• Disguises
  55.
  • (A) No person shall adopt any disguise in any circumstance calculated to prejudice or endanger public safety, or the security of the Israeli Defence Forces, or the defence of the area, or the maintenance of public order.
  • (B) Any person committing an offence under this clause shall be sentenced to a term of imprisonment which should not exceed five years.

• Impersonation
  56. Any individual who, while not a public servant, impersonates a public servant shall be guilty of an offence under this order.

• Harbouring Criminals
  57. No person shall assist or harbour anyone who has committed an offence against the security provisions or who is, or has been, engaged in any activity prejudicial to public safety, to the safety of the Israeli Defence Forces and its soldiers, and to the maintenance of public order, or when there are reasonable grounds to suspect that he has done so, whether by providing information, shelter, food, drink, money, clothes, weapons, ammunition, supplies, provisions, means of conveyance, fuel or petrol of any kind whatsoever, or by any other means.

• False or Contradictory Evidence
  58.
  • (A) Any person who knowingly gives false evidence in any proceeding before a military court or behaves in an unseemly manner before any such court shall be sentenced to a term of imprisonment of up to five years.
  • (B) Any person who knowingly gives false evidence before any person authorised by any law or by the security provisions to hear evidence shall be sentenced to a term of imprisonment of up to two years.
  • (C) Any person who, during the course of giving evidence before a military court, contradicts in an important detail evidence which he previously gave before another military court or before any other court or person authorised by any law or security provision to hear evidence, and if the court proves that there was an intention in so doing to deceive those before whom evidence was given, shall be sentenced to a term of imprisonment of up to two years, irrespective of whom the accused intended to deceive. For the purpose of this clause 'evidence' shall be taken to mean any statement given under oath, under affirmation or otherwise.

• Non-Prevention of an Offence
  59. Any person who knows or has reasonable ground for suspecting that another person is committing or intends to commit an offence against an existing law or the security provisions the punishment for which exceeds three years of imprisonment, and who does not forthwith inform the Military Commander or the nearest police station or any officer in the Israeli Defence Forces, or does not act in any other reasonable manner in order to prevent the act or its continuation or completion shall be guilty of an offence under this order.

• Licenses and Authorisations Issued under the Security Provisions
  60.
  • (A) Any licence-holder shall act in accordance with the request of a soldier.
  • (B) No person shall break any condition laid down in a licence.
  • (C) No person shall alter or permit another to alter any document issued in accordance with security provisions.
  • (D) No person shall use or allow another to use any such document to which alterations have been introduced in contravention of sub-clause (C).
  • (E) No person shall lend any document issued in accordance with the security provisions.
  • (F) No person shall keep in his possession or control any document similar to a document issued under the security provisions with the intent of misleading.
  • (G) For the purposes of sub-clauses (B)-(F), any act committed outside the region shall be regarded as though it was done within the region.

• Evasion of Obligatory Payment
  61. Any person who intentionally evades the obligation to make any monetary payments to the Area Commander, or any of the authorities in the area, such a sum being imposed by law or by the security provisions and constituting one of the actions hereinafter set out, shall be sentenced to a term of up to five years imprisonment or to a fine of ten thousand Israeli liras and/or one-and-a-half times the sum the payment of which was evaded or intended to be evaded, or both such punishments together. These actions are as follows:
  • 1. Deleting from any document, which is to be presented in accordance with a law or the security provisions, any sum recorded in that document;
  • 2. Transmitting in any document, which is to be presented in accordance with a law or the security provisions, any false written statement;
  • 3. Making a false reply orally or in writing to a question or a request for information put to him in accordance with a law or the security provisions;
  • 4. Preparing or maintaining or permitting the preparation or maintenance of false account books or other false statements or falsifying or permitting the falsification of account books or statements;
  • 5. Using deceit, cunning or tricks or permitting the use thereof.

• Meddling with the Affairs of the Israeli Defence Forces
  62. Any person who:
  • 1. Commits any act which it is reasonable to assume is liable to prevent the Defence Forces of Israel or any person occupied in the execution of essential services from carrying out their duties; or
  • 2. Knowingly commits any act intended to cause any soldier or person occupied in essential services to be unable efficiently to carry out his duties, shall be deemed to be guilty of an offence under this order.

• Information of Military Value
  63.
  • (A) Any person who, without legal authority,
    • 1. obtains; or
    • 2. records; or
    • 3. communicates with any other person or publishes; or
    • 4. has in his possession any certificate or record containing any information purporting to be in respect of the following subjects: the number, description, armaments, equipment, disposition, movement or condition of the Israeli Defence Forces, their vehicles, aircraft and fleets or their operations, completed or projected, or their prisoners of war, materials or any measures for the defence or fortification of any place, or any other information of military value or purporting to be of such value; shall be guilty of an offence against this order and shall be sentenced to fifteen years imprisonment.
  • (B) Without prejudice to the generality of clause 3 (A) above any person who passes, sends or signals any information whatsoever by any means, or who communicates with any other person in a manner or in circumstances or by means likely to convey information, shall be deemed to have communicated the information within the meaning of clause 63 (A) to another person.

• Obstruction
  64. Any person who obstructs a soldier in the execution of his duty, or any person exercising any powers or performing any duties conferred or imposed on him by the security provisions, or discharging any duty in connection with public safety, the security of. the Israeli Defence Forces, the defence of the area, the maintenance of public order or the maintenance and supply of services; shall be guilty of an offence under this order.

• Insults and Threats
  65. Anyone who:
  • 1. Behaves in an insulting manner towards any of the authorities of the Israeli Defence Forces within the region or any of its representatives; or
  • 2. Threatens another person or insults him in a manner likely to disturb the peace or public order; shall be guilty of an offence under this order.

• Attacking a Soldier
  66.
  • (A) Any person who attacks a soldier or uses violence towards him shall be guilty of an offence under this order.
  • (B) "Soldier" in connection with this clause shall be interpreted to include any person invested with the authority of a soldier in accordance with the security provisions.

• Attacking Service Personnel
  67. Any person who attacks or uses violence toward a person in the service of, or previously in the service of, the Israeli Defence Forces or any of its authorities, or who causes damage to its property; shall be guilty of an offence under this order.

• Activity against Public Order
  68. Any person who commits any act which disturbs or is likely to disturb the peace or public order shall be guilty of an offence under this order.

• Offences concerning Military Equipment
  69.
  • (A) In this clause "military equipment" shall be interpreted to mean weapons, ammunition, explosive material, clothing, uniforms, personal equipment of soldiers or any item of equipment supplied for the use of the Israeli Defence Forces, or which is the property of the Israeli Defence Forces, or vested by law in the Israeli Defence Forces, or forming part of the supplies of the Israeli Defence Forces, or brought to the region for their use.
  • (B) No person shall keep in his possession any military equipment without permission or reasonable justification, and whereof the burden of proof shall be upon him.
  • (C) No person shall purchase, or exchange, or keep in his possession, or receive military equipment from a soldier or on behalf of a soldier or in his name, nor shall a person request military equipment, take it, or remove it from the hands of a soldier in order to sell or transfer possession therein in any way whatsoever.
  • (D) No person shall knowingly and unlawfully remove military equipment from the possession of the army.
  • (E) Any person committing an offence under this clause shall be sentenced to up to ten years imprisonment.

• Entry to a Prohibited Area
  70.
  • (A) Any person who enters a prohibited area, attempts to penetrate the same, remains therein, attempts to investigate its structure or what occurs therein, or without reasonable explanation wanders nearby without being authorised to do so, and also any person who attempts to disturb or deceive a guard or watchman keeping guard over the prohibited area shall be sentenced to up to ten years imprisonment.
  • (B) In this clause "prohibited area" shall mean a place occupied by the Israeli Defence Forces or used for security purposes or for the provision of essential services.

• Escape from Custody
  71. Any person who escapes from custody to which he is subject by law shall be guilty of an offence under this order.

• Intimidation
  72. Any person who:
  • 1. Threatens to injure the person, or reputation, or property of an individual, or of any other person to whom the individual is beholden for his property or his status, with intent to cause the said individual to commit any act which he is not legally obliged to do, or to omit to do any act which he is legally entitled to do; or
  • 2. Threatens in like manner and with a similar intention any persons generally, or any class or description of persons, shall be guilty of an offence under this order.

• Authority to Obtain Information
  73. Any person who does not comply with the directives given by the Military Commander, or on his behalf, to produce or reveal information or articles which are in his possession to the authority or person specified in such a directive, shall be guilty of an offence under this order.

• False Information
  74. Any person who makes a false declaration or representation, or makes use of any document containing false information, to any of the authorities of the Israeli Defence Forces or to any authority acting under the auspices of the Israeli Defence Forces in the area, or to anyone authorised by order of the Area Commander of the Israel Defence Forces, shall be guilty of an offence under this order.

• Offences involving Bribery
  75.
  • (A) In this clause:
    • 1. "Bribe" shall mean money, things of monetary value, services or any other gain.
    • 2. "Receipt" shall include receipt on behalf of another person or from another person directly or indirectly.
  • (B) A public servant who accepts a bribe in connection with any activity connected with his duty shall be liable to a sentence of seven years imprisonment or a fine of ten thousand Israeli lira or both punishments together.
  • (C) The law which applies to anyone proffering a bribe also applies to any individual who accepts a bribe. A person who offers or promises a bribe, even if it is not carried out, shall be deemed to be a person who has given a bribe.
  • (D) A person who receives money in order to bribe a public servant shall be guilty of an offence under this order, whether the money is given for his intercession with one person or another or not, and irrespective of whether there was an intention to hrihe or not.
  • (E) Any person receiving money in order, either himself or through another directly or indirectly, to cause a public servant wrongly to act, desist from acting, delay, be inactive, act slowly, favour or to discriminate against, shall be guilty of an offence under this order.
  • (F) Any person who gives money to a person in circumstances set out in clauses (D) and (E) shall be considered to have given a bribe.
  • (G) There shall be no distinction in matters relating to bribery:
    • 1. In what manner the bribe is given;
    • 2. Whether it is in connection with wrongful actions, inaction, delay, preferment or discrimination;
    • 3. Whether it is given with a particular job in mind or in order to pervert fairness in general;
    • 4. Whether it is for an action of the taker himself or to buy his influence over the actions of another;
    • 5. Whether it is actually given by the giver or through the offices of a third party; whether it is given to the acceptor or to another person on the acceptor's behalf either before or after the event; whether the person benefitting from the bribe is the acceptor or another individual;
    • 6. Whether the position of the acceptor is one of power or subservience; whether the performance of his job is paid or not paid; whether voluntary or by virtue of an obligation.
  • (H) In any case concerning an offence under this clause the military court may reach a guilty verdict on the evidence of one witness alone, even if the witness was a party to the offence.

• Damaging the Property of the Security Forces
  76.
  • (A) Any person who negligently causes damage to the property of the security forces shall be guilty of an offence under this order.
  • (B) For the purposes of this clause "property of the security forces" shall mean property in the ownership or use of any one of the category of persons set out in clause (2) of Military Order 164 Concerning Local Courts (Status of the Authorities of the Israeli Defence Forces) 1967.

• Causing Damage due to Negligence
  77. Any person who negligently causes damage to the person of a soldier or a worker in the service of or on a mission for the Israeli Defence Forces or any of the authorities appointed or authorised to act in the area by the Area Commander or the Military Commander, shall be guilty of an offence under this order.

SECTION IV - ARREST, SEARCH, SEIZURE AND FORFEITURE

• Arrest
  78.
  • (A) Any soldier may, without a warrant, arrest any person contravening the provisions of this order or who, there is reason to suspect, has committed an offence under the terms of this order.
  • (B) Any person arrested under sub-clause (A) shall be brought as soon as possible to a Police Station or a place of detention specified in this order.
  • (C) A warrant of arrest must be made within a reasonable time against any person arrested in accordance with sub-clause (A); if such an arrest warrant is not issued within ninety-six hours of an individual's arrest, then he shall be released.
  • (D) Any police officer is authorised to issue an arrest warrant in writing, which shall not exceed seven days.
  • (E) A Police officer, not being below the rank of "Pakad", who is of the opinion that the investigation material collated against a person, in respect of whom an arrest warrant has been taken out in accordance with the terms of sub-clause (D), necessitates continuation of his detention, may extend the period for not more than seven days.
  • (F)
    • 1. A military court is authorised to issue an arrest warrant for a period not exceeding six months;
    • 2. In circumstances in which an arrest warrant is issued for a period of less than six months a military court may extend it from time to time, provided that the total period of detention shall not exceed six months.
  • (G) In circumstances in which a charge has been brought before a military court, the court shall be authorised to order the continued detention of the accused until the end of his case.
  • (H) An arrest warrant, under the terms of sub-clauses (D) to (G), shall be executed by a soldier.
  • (I)
    • 1. A military court or a police officer is authorised to order the release of any person arrested in accordance with this clause; no person arrested by virtue of an arrest warrant issued by a court shall be released except by a court order emanating from the court which originally ordered the arrest, in accordance with sub-clause (G);
    • 2. No police officer may release any person detained in accordance with Military Order 52 - Police Forces Working in Conjunction with the Israeli Defence Forces, 1967.
  • (J) 'Police officer' in this article shall be taken to include any other officer defined in Military Order 52 - Order Concerning Police Forces Working in Conjunction with the Israeli Defence Forces, 1967.

• Release on Bail
  79.
  • (A) Release on bail, in accordance with clause 78, may be by way of a personal bond on the part of the person arrested or charged, either undertaken alone or in conjunction with the bond of a surety, or by way of monetary deposit, as the police officer or court, which ordered the provision of a surety as a condition of release, shall deem fit.
  • (B) Release on bail shall be conditional upon the arrested or charged person presenting himself for questioning and for the hearing of the case at any time that he is requested to do so.
  • (C) In circumstances in which a person has been released on bail, any soldier may, either on his own initiative or at the request of the surety, if he has reasonable grounds to suspect that the person released is about to evade justice, arrest the released person without an arrest warrant. A released person arrested accordingly shall be dealt with in accordance with the terms of clause 78 (B).
  • (D)
    • 1. At the request of the military prosecutor, the military court may, upon it being proved to the court that the person released has broken any one of the conditions of his release, order the arrest of the released person. Thereupon it may order:
      • (i) Payment of the whole amount of the bond, or part thereof to the funds of the Area Command, and any such order shall be regarded as a fine which has not been paid in due time;
      • (ii) The forfeiture of the deposit, either in whole or in part, in favour of the Area Command.
    • 2. At any time after the issuing of an order, in accordance with subclause (A), a military court may, for reasons which it shall record, cancel or alter the order as it deems fit.

• Seizure and Forfeiture
  80. A military court may, with regard to procedural matters not laid down by this order, adopt any course which it deems to be best calculated to ensure that justice is done.
  • (A) Any soldier may seize and detain any goods, articles, documents or things which, he has reasonable grounds to suspect, prove that an offence against this order has been committed, or are the reward for the committing of any such offence, or the means by which an offence has been committed or ordered or facilitated, and which may serve as evidence that an offence against the terms of this order has occurred.
  • (B) Any goods, articles, documents or things which prove that an offence against this order has been committed, or which have been given as a reward for the commission of such an offence, or to commission or facilitate any such offence, shall be dealt with in whatever way the Area Commander shall direct.
  • (C) Any goods, articles, documents or things seized in accordance with this clause which, it is subsequently discovered, have not been used for the commission, rewarding, execution or facilitation of an offence under the terms of this order, and which cannot be used as evidence that an offence against this order has been committed, shall be released in accordance with directions of the Area Commander.

• Investigations
  81. An officer or soldier, authorised by an officer generally or specifically, may at any time enter any place, vehicle, ship or aircraft, which, he has reason to suspect, is being used or has been used for any purpose prejudicial to public safety, the security of the Israeli Defence Forces or its soldiers, the maintenance of public order, or for purposes of inciting rebellion, riot or disturbance, or in which he suspects that a person who has committed an offence against the terms of this order may be hiding, and he may search the place, vehicle, ship or aircraft and any person found on the premises or leaving the premises.

• Personal Check
  82. Any soldier may detain and search any person who, he has reason to suspect, has been using any article liable to seizure under this order, or any animal on which, he has reason to suspect, any such article is hidden.

• Stopping Vehicles, Vessels and Aircraft
  83.
  • (A) Any person authorised by this order to enter any vehicle, ship or airplane may stop or detain the same using force if necessary.
  • (B) If any person in command or charge of any vehicle, ship or airplane, does not stop the said vehicle immediately when called upon to do so, either orally, or by signals, or by any other means, by any person authorised to do so, he shall be guilty of an offence under the terms of this order.

• Delegation of Jurisdiction
  84. The jurisdiction to arrest, seize, forfeit, search, conduct body searches, and stop vehicles, ships and airplanes, which is vested in a soldier in accordance with this clause shall be extended to cover any offences against security provisions, or any other law in effect in the area or in any other territory occupied by the Israeli Defence Forces.

SECTION V - RESTRICTION ORDER, SUPERVISION ORDERS AND ADMINISTRATIVE DETENTION

• Restriction Orders
  85.
  • (A) A Military Commander may, in relation to any individual, pass an order for all or any part of the following purposes:
    • 1. For ensuring that an individual is not allowed access to any region or area which the order specifies, except insofar as he may be permitted to enter by the order, or by the authority of any person who may be specified in the order;
    • 2. For requiring that individual to notify the authority or person specified in the order of his movements in such manner and at such times as may be specified by the order;
    • 3. Prohibiting or restricting the possession or use by that person of any articles specified in the order;
    • 4. Imposing upon him restrictions in respect of his employment or business, or his association with other persons, or his activities in relation to the dissemination of information or opinions, as may be set out in the order.
  • (B) If any person contravenes the terms of this clause, he shall be guilty of an offence against this order.

• Special Supervision
  86.
  • (A) A Military Commander may direct by order that any person shall be placed under special supervision.
  • (B) Any person placed under special supervision in accordance with this clause shall be subject to all or some of the following restrictions as the Military Commander shall order:
    • 1. He shall be required to reside within the limits of a particular area in the region, which shall be specified by the Military Commander by order;
    • 2. He shall not leave the town, village or sub-district within which he resides without the written permission of the Military Commander;
    • 3. He shall at all times keep the Military Commander or his delegate, informed of the whereabouts of his residence;
    • 4. He shall be obliged to present himself, whenever requested to do so by the Military Commander at the place which he orders;
    • 5. He shall remain within the doors of his house during such hours as the Military Commander may specify by order;
  • (C) A soldier may arrest any person against whom an order has been made in accordance with the terms of sub-clauses (A) and (B) and may convey him to the area in which he should be.
  • (D) Any person who contravenes an order in accordance with this clause shall be guilty of an offence against the terms of this order.
  • (E) The provisions concerning the right of appeal specified in clause 87 (E), (with such alterations as may be necessary in the circumstances), shall apply to any person against whom a supervision order has been made in accordance with this clause.

• Administrative Detention
  87.
  • (A) A Military Commander, or anybody to whom he delegates his authority in this capacity, may issue an order determining that an individual be detained in whatever place of detention specified by the order.
  • (B) When an order is issued in accordance with this clause against any person who, under the terms of clauses 85 or 86, is already subject to an order, the order issued under this clause shall be deemed to take precedence.
  • (C) Any person who issues a detention order in accordance with this clause shall immediately in writing and not later than ninety-six hours after passing the order, inform the legal advisor of the Area Commander and the legal advisor of the Military Commander thereof.
  • (D) Any soldier may arrest any person against whom an order has been issued, in accordance with the terms of this clause, by the Military Commander, and may convey him to the place of detention specified in the arrest order.
  • (E) An appeals committee shall be established for the purpose of this order appointed by the Area Commander and shall be presided over by a judge. The function of such a committee shall be to consider any appeal against an order issued in accordance with this clause and to inform the Area Commander of its recommendations. The committee shall examine the case of any person who is detained in accordance with this clause at least once every six months regardless of whether the individual has appealed or not.
  • (F) Any person held in a place of detention in accordance with the provisions of this clause who commits a breach of discipline and obedience while in detention shall be guilty of an offence under this order.

SECTION VI - RESTRICTIONS

• Transport and Traffic
  88.
  • (A) A Military Commander, or a person acting under the general or specific authority of a Military Commander, may through the issuing of an order or instructions, or otherwise:
    • 1. Prohibit, restrict or regulate the use of certain roads or set the routes to be followed by vehicles or animals or persons generally or of any specific class;
    • 2. Require of any person owning or having in their possession, or under their control any vehicle, to use the vehicle for the conveyance of such goods at such times and by such routes as may be specified by him;
    • 3. Prohibit, restrict or regulate the movement of people in general, or of people of any specified class, or particular individuals, in airplanes.
  • (B) Any soldier may issue an order requiring any of the inhabitants of any town, village, area or quarter, either in whole or in part, to remove from a road any barricade or obstruction, or any glass, nails or other obstacles which may prevent the use of such road.
  • (C) Any person who contravenes any order, provision or requirement issued in accordance with the terms of this clause shall be guilty of an offence under this order.

• Curfews
  89. A Military Commander may issue an order requiring every person within a specified area to remain within doors during the hours set by the order. Anyone who is found out of doors without a written permit issued by or on behalf of a Military Commander, in the area or during the hours set by the order, shall be guilty of an offence under this order.

• Closed Areas
  90.
  • (A) A Military Commander may issue an order declaring any area or place to be a closed area. Anyone who is found entering or leaving the area without a written permit issued by or on behalf of a Military Commander, or with a permit which was issued under false pretenses, shall be guilty of an offence under this order.
  • (B) Any person who enters a area or place closed in accordance with sub-clause (A) without a written permit issued by or on behalf of a Military Commander or with a permit which was issued under false pretenses, or who remains in the area or place subsequent to the expiry of the validity of such a permit or in contravention of the conditions set by the permit, may be removed from the area or place by any soldier.

• Opening and Closing of Premises
  91.
  • (A) A Military Commander may issue an order under the following circumstances:
    • 1. If it appears to him to be necessary, in the interests of maintaining essential services, he may require any person who is in possession of business premises, an institute of learning, or any other place which is visited by the public or part thereof (hereinafter referred to as "the place") which he may have reason to believe to have been closed in pursuance of an organised or general closure of places, to open the place and carry on business as usual.
    • 2. If it appears to him to be necessary, in the interests of maintaining normal administrative services, public order and the security of the Israeli Defence Forces, he may require any person in possession of a place to close it, and cease conducting business therefrom, and to keep it closed for such period as is specified in the order.
  • (B) In this clause
    • "Business premises" shall include any workshop, factory, commercial premises, shop, restaurant, buffet bar, pharmacy, bakery, laundry and any business which manufactures or sell goods or provides services for the public;
    • "Possesses" in relation to any place or business premise, shall include the proprietor, the manager, the clerk, the deputy or any person who has control of any place or is able to operate the same.
  • (C) Any person breaking the terms of this clause shall be guilty of an offence under this order.

SECTION VII - VARIOUS PROVISIONS

• General Punishment
  92. Any person contravening any provision of this order or failing to observe any provision or obligation specified in the security provisions, shall be liable to imprisonment for five years or to a fine of five thousand Israeli liras or to both such punishments together, if no other punishment is specified for the offence.

• Offences by Corporations
  93. In circumstances in which a person convicted of an offence against the security provisions is a corporate body, every person who, at the time the offence was committed, was a director or officer of the corporate body shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his knowledge or that he exercised all reasonable means to prevent the commission of the offence.

• Burden of Proof
  94. It shall be the responsibility of any person charged in connection with an offence against the security provisions to prove that his case comes within any exemption, or allowance or right which he pleads or that he is in possession of any licence, permit, consent or authorisation.

• Repeals
  95. This order shall repeal:
  • 1. Military Order 12 - Order Concerning The Application of Provisions (Yehuda and Shomron) 5727 - 1967;
  • 2. Military Order 157 - Order Concerning the Extension of Warrants of Arrest (Temporary Provisions) (Yehuda and Shomron) 5728 - 1967;
  • 3. Military Proclamation 3 - Order Concerning Security Provisions (Yehuda and Shomron) 5727 - 1967.

• Commencement of Validity
  96. This order shall come into force on the twenty-eighth day of Nissan 5730 (1 st May 1970).

• Name
  97. This order shall be called "An Order Concerning Security Provisions" (Yehuda and Shomron) No. 378, 5730 - 1970.

14th Nissan 5730 (20th April 1970)

RAPHAEL VARDI, TAT-ALUF,
Area Commander
Yehuda and Shomron

Return: to the TOP of this Military Order.

SOURCE: Rabah, Jamil & Fairweather, Natasha. "Israeli Military Orders in the Occupied Palestinian Territories: 1967-1992". Jerusalem Media & Communication Centre, East Jerusalem, West Bank (1993), p. 182-209.

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