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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
      • 3) Replacing local Arab institutions (Jordanian in the West Bank, Egyptian in Gaza) of government, judiciary and security with Israeli military committees or committees completely controlled by the military, over which local residents have no democratic say --
Details
Requested
        • (a) Military Order 21: "Order Concerning Securing The Rights Of Depositors" -- This supervises the activities of banks and limits their power. The Israeli official-in-charge is to be granted considerable powers of jurisdiction over the running of banks, the appointment and dismissal of bank employees, and over the accounts. He has the right to transfer funds from one bank to another in the area, and to manipulate bank funds in whichever way he deems necessary. No one is to benefit from the liquidation of property (in accordance with corporate law) except for depositors who are residents in the area and whosoever takes over the jurisdiction of the Jordanian government or any of its agencies (which were Israeli military committees).
        • (b) Military Order 22: "Order Concerning Appointment Of Police And Prison Guards (Granting Powers)" -- The head of the Israeli military forces delegates the powers of appointing and supervising policemen and prison guards to the Military Commander as well as the administration of detention centres and prisons.
        • (c) Military Order 30: "Order Concerning Jurisdiction Over Criminal Offenses" -- Military courts have the jurisdiction over all criminal cases in the area, even over cases from before the occupation. Also sets rules for Israeli settlers having dealings with Arabs to also be tried by these Military Courts.
        • (d) Military Order 31: "Order Concerning Appointments With Regard To Law Of Customs And Excise Duties" -- This vests all the powers granted by Jordanian laws and regulations relating to customs duties, fees and taxes, and powers of delegation and appointment related to them to an Israeli officer to be appointed by the Area Commander. This order then imposes excise duty on some products - salt, alcohol, tobacco, petrol products, match manufacturing, etc.
        • (e) Military Order 36: "Order Concerning Appointments In Accordance With Postal Law" -- This order cancels all postal appointments made, or postal service jurisdiction granted by the Jordanian government, and transfers this duty to the Israeli official-in-charge, who is then to make new appointments.
        • (f) Military Order 39: "Order Concerning Powers And Jurisdiction Of District Courts" -- This order begins the installation of a new legal system consisting of Israeli military committees to replace the local Jordanian court system.
        • (g) Military Order 45: "Order Concerning Banking Law" -- The area commander appoints a Israeli official-in-charge of banks (the 'Inspector of Banks'), and awards him jurisdiction to appoint or delegate responsibility in the banking system, and gives him full control over all Jordanian banks, the power to close banks at will, and control over applications for new banks. This military order also cancels all of the appointments and delegations of responsibility made by the Jordanian government, and exempts the banks from banking resolutions of the Jordanian government.
        • (h) Military Order 54: "Order Concerning Appointments In Accordance With Surveying Laws" -- This order cancels all surveying appointments made or jurisdiction granted by the Jordanian government, and transfers these responsibilities to an Israeli official-in-charge appointed by the area commander who will appoint replacements as needed.
        • (i) Military Order 57: "Order Concerning Judiciary (Local Courts)" -- This order transfers all cases sent to the Jordanian Court of Cassation to the High Court of Israel instead, and cancels all procedures referring to the Jordanian Court of Cassation.
        • (j) Military Order 68: "Order Concerning The General Census" -- This order transfers all responsibilities for conducting census to an Israeli official-in-charge, to be appointed by the area commander.
        • (k) Military Order 78: "Order Concerning Jurisdiction Over Customs Fees And Excise Duties" -- This outlines the powers of the Israeli official-in-charge to confiscate and seize the property of anyone who violates any order, regulation or instruction notice issued by the Military Commander, including those pertaining to Customs fees and Excise duties.
        • (l) Military Order 83: "Order Concerning Israeli Currency As Legal Tender" -- This converts all payments due in Jordanian dinars to the Israeli liras.
        • (m) Military Order 87: "Order Concerning Provisional Law Of Tourism" -- All appointments made or jurisdiction granted pertaining to the tourism industry by the Jordanian government are now cancelled, and tourism responsibilities are to be transferred to the Israeli official-in-charge who will make new where needed.
        • (n) Military Order 89: "Order Concerning Public Parks" -- The Israeli public parks authority will be in charge of all public parks and an official warden will be appointed. Details concerning entry fees are included.
        • (o) Military Order 91: "Order Concerning Jurisdiction Over Education Regulations" -- All appointments made or jurisdiction granted by the Jordanian government pertaining to education are cancelled, and these responsibilities are to be transferred to the Israeli official-in-charge who will make new appointments where needed.
        • (p) Military Order 92: "Order Concerning Jurisdiction Over Water Regulations" -- This order vests all powers defined in Jordanian law dealing with water into the hands of an Israeli officer appointed by the Area Commander, and awards him full control over all water resources. This order also gives him full authority over any new water authority, he may establish new ones, control their methods of operations, appoint their directors, etc. This order also requires any person or entity to obtain a permit from the Israeli military official-in-charge before they may install any water-control device (such as a pump, irrigation equipment, etc.), and this permit may be cancelled at any time for any reason. Public notice in area newspapers concerning these decisions is no longer required, but they may be posted in the offices of the Israeli Military Authority.
           
          MILITARY ORDER 92: ORDER CONCERNING POWERS FOR THE PURPOSE OF THE WATER PROVISIONS (WEST BANK AREA)
          (22 August, 1967)

          By virtue of the power vested in me as Commander of the Israel Defense Forces in the West Bank Area, I issue the following Order:

          Definitions. 1. In this Order -
          • 'The Officer in Charge' - Whoever I may appoint from time to time for the purpose of this Order.
          Establishment
          and Operation
          of Water
          Entities.
          5. The Officer in Charge may authorize the continued operation of any entity, organization, corporate entity or establishment that operates or is permitted to operate by virtue of the Water Provisions (hereinafter 'Water Entities'), and order the cessation of the operations of Water Entities, and re-establish Water Entities, whether or not they were operating before the Prescribed Day, determine their organization and appoint their directors.
          Annulment of
          Appointments
          and Powers.
          6. Any of the above-mentioned appointments or powers that existed by virtue of the Water Provisions are hereby annulled unless revalidated by the Officer in Charge on the strength of the powers set out in this Order.
        • (q) Military Order 93: "Order Concerning Control Over Insurance Operations" -- All appointments made or jurisdiction granted by the Jordanian government pertaining to the insurance industry are cancelled, and responsiblities are to be transferred to the Israeli official-in-charge, who may make new ones where needed. This official is given final say over judgments against insurance companys.
        • (r) Military Order 94: "Order Concerning Cooperatives" -- All appointments made or jurisdiction granted by the Jordanian government pertaining to the business or housing cooperatives are cancelled, and responsiblities are to be transferred to the Israeli official-in-charge, who may make new ones where needed. All existing cooperatives must be re-registered. The Israeli official is empowered to appoint new leadership if he deems necessary.
        • (s) Military Order 95: "Order Concerning Appointment And Employment Of Policemen" -- All appointments made or jurisdiction granted by the Jordanian government pertaining to the police force are cancelled, and responsiblities are to be transferred to the Israeli official-in-charge, who may make new ones where needed.. The Israeli official-in-charge is empowered to delegate authority over police investigations permanently or temporarily to a person outside the police force.
        • (t) Military Order 113: "Order Concerning Amendment To Collection Of Government Monies Law (Transfer Of Authority To Military Commander Of The West Bank)" -- All appointments made or jurisdiction granted by the Jordanian government pertaining to collection of taxes, fees and other government transactions are cancelled, and responsiblities are to be transferred to the Israeli official-in-charge, who may make new ones where needed.
        • (u) Military Order 118: "Order Concerning Supervision Of Films" -- All appointments made or jurisdiction granted by the Jordanian government pertaining to the film industry are cancelled, and responsiblities are to be transferred to the Israeli official-in-charge, who may make new ones where needed.
        • (v) Military Order 119: "Order Concerning Law Of Antiquities" -- All appointments made or jurisdiction granted by the Jordanian government pertaining to the management of antiquities are cancelled, and responsiblities are to be transferred to the Israeli official-in-charge, who may make new ones where needed.


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

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