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


Background
Principles
  • I. LAWS LEGALIZING DISCRIMINATION & EXPLOITATION - set of laws that legalize discrimination, oppression and exploitation of Palestinian Arabs living in the adjacent occupied Paletinian territories ...
    • 1. Unlawful & Inhumane Military Occupation.
      • A. The Israeli military has been given the role to govern the Arab areas within Israel (upto 1966), and then the Occupied Territories. They do so through the passage of 'Military Orders', through which they then oppress and exploit the local Palestinian population by --
Point to be
Examined
        • 2) Creating a separate set of governing, judicial and security systems for the Israeli settlements often tied to Israel.

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

          Here are some sample Military Orders -

Details
Requested
          • (a) Military Order 561: "Order Concerning The Administration Of Kiryat Arba" -- This establishes the 'religious council' of the Israeli settlement of Kiryat Arba, and stipulates that the settlement shall be administered in accordance with principles issued by the Area Commander as well as its own internal regulations. It is then in these regulations that the government of this settlement is tied to the government and economy of Israel.
          • (b) Military Order 783: "Order Regarding the Administration of Regional Councils (Judea and Samaria)" - Five Jewish Regional 'Religious Councils' are to be established. These "shall be administered in accordance with procedures determined by the Area Commander in a Regulation". Regional councils have jurisdiction over a group of Jewish settlements in their area. Regulations issued by the Area Commander then established special courts within the settlements to handle criminal cases. Other regulations then tie the governing, court system, and economy of these settlements to Israel.
            MILITARY ORDER 783: "ORDER REGARDING THE ADMINISTRATION OF REGIONAL COUNCILS (JUDEA AND SAMARIA)"
            (25 March, 1979)

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

            2.
            • (a) The Regional Councils shall be administered in accordance with procedures determined by the Area Commander in a Regulation.
            • (b) Paragraph (a) above shall not derogate from any law or security legislation unless specifically contradicted in this order or in a regulation.
            3. The Regulation shall be published in the manner which the Area Commander shall determine.
          • (c) Military Order 892: "Order Concerning Administration Of Regional Councils (Settlements)" -- "It is permissible for the Area Commander to create municipal courts to administer regional councils. The commander has the authority to redefine the boundaries of these regional councils". This order then establishes 'Religious Councils' and Municipal Courts for specific Israeli settlements in the West Bank, and states that all are constituted and operated according to regulations issued by the Area Military Commander (Article 2). Again, these regulations thus tie the economy and governing of these settlements to Israel.
             
            MILITARY ORDER 892: ORDER REGARDING THE ADMINISTRATION OF LOCAL COUNCILS (JUDEA AND SAMARIA)
            (1 March, 1980)

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

            Administration
            of Local
            Councils
            2.
            • (a) The administration of local councils shall be in accordance with the rules determined by the Area Commander in a regulation (hereafter the Regulation).
            • (b) The Area Commander is hereby empowered to establish a Municipal Court concerned with the affairs of the Municipal Council for the proper administration of the Local Council. The jurisdiction of the Municipal Court, the law that it shall enforce, the manner in which it shall be constituted and any other matter necessary for the proper operation of the court shall be determined by regulation.
          • (d) Military Order 981: "Order Concerning Judgement In Rabbinical Courts" -- The Civil Administration are to establish Rabbinical Courts and appeals courts in the Israeli settlements for handling personal matters for resident Jews (marriages, adoption, inheritance, etc.). Article 9 specifies that local courts outside the settlements (Israeli military committees handling Arab affairs) are not authorized to deal with these matters relating to the personal lives of Jews. Thus a dual system of courts is created.
          • (e) Military Order 1057: "Order Concerning Administration Of Regional Councils" -- "It is permissible for the head of the Israeli military forces to specify regulations pertaining to the administration of local councils" in the Israeli settlements. This order increases the jurisdiction and renames the courts in the settlements.
          • (f) Military Order 1058: "Order Concerning Administration Of Local Councils (Settlements)" -- "It is permissible for the head of the Israeli military forces to lay down regulations pertaining to the administration of the regional councils" in the Israeli settlements. These regulations then tie these regional councils to the government, and courts and economy of the State of Israel.


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

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