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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
        • 4) Creating a web of permits and licenses which control every aspect of the Palestinian economy. Studies have shown that this system of permits have then been used to manipulate the Palestinian economy to the benefit of Israel --
Details
Requested
          • (a) Military Order 13: "Order Concerning Restricting Aviation In The West Bank" -- Any use of airplanes in the area is forbidden without a permit. Jerusalem Airport cannot be entered without a permit.
          • (b) Military Order 18: "Order Concerning Closed Areas" -- Anyone wishing to enter the West Bank requires a permit.
          • (c) Military Order 25: "Order Concerning Transactions In Property" -- This order makes it illegal to conduct business transactions involving land and property without a permit from the military authorities.
          • (d) Military Order 26: "Order Concerning Control Over Currency, Bills Of Exchange And Gold" -- This order makes it illegal to conduct transactions in foreign currency or gold, or to import into the area foreign currencies or gold without a permit.
          • (e) Military Order 40: "Order Concerning Closed Areas (Extending The Licensing Period)" -- The Military Commander may extend the entry permit for any individual to enter the West Bank for as long as he sees fit.
          • (f) Military Order 41: "Order Concerning Control Over Currency. Bills Of Exchange And Gold" -- This defines "resident of the area" as anyone given a permit to remain in the area of his residence after 7 June 1967. Anyone who purchased Jordanian dinars in Israel is allowed to bring them into the area in accordance with the Defence Regulations (Finance) of 1941.
          • (g) Military Order 42: "Order Concerning Order Prohibiting Purchase And Sale (Cancellation)" -- Hereafter general prohibitions of commercial transactions are to be replaced by conditional permits.
          • (h) Military Order 47: "Order Concerning Transportation Of Agricultural Produce" -- This prohibits the transport in or out of the West Bank of any plant or animal produce (except for canned goods) without a permit from a military authority. The punishment for non-compliance is a prison sentence of up to 3 years and/or a fine of 3,000 Jordanian dinars.
             
            MILITARY ORDER 47: ORDER REGARDING THE TRANSPORT OF AGRICULTURAL PRODUCTS (WEST BANK REGION)
            (9 July 1967)

            In accordance with the authority vested in me, and in my capacity as the commander of the Israeli Defense Forces in the West Bank region, I hereby order as follows:

            Definitions. 1. In this Order:
            • "Competent authority"-The person appointed by me as the competent authority for the purposes of this order.
            • "Agricultural product"-Includes plants, any animal (dead or alive), vegetables, fruits, or any agricultural product whose source is a plant or animal, but not canned goods.
            Prohibition. 2. It is forbidden to remove or bring any agricultural product from or into the region without a permit from the competent authority.
            Punishments. 3. Any person who violates Article 2 of this Order or any specification regarding the requisite permit will be punished by a period of three years imprisonment, a fine of 3,000 dinars, or both.
          • (i) Military Order 49: "Order Concerning Closed Areas (Prohibiting The Transportation Of Goods)" -- This order makes it illegal to take out or bring into the occupied territories or 'closed areas' any commodity (with the exception of agricultural products which are subject to separate military orders) without a permit signed by military officials-in-charge. Anyone who has a permit to enter the area does not automatically have permission to bring in or take out products from the closed area.
          • (j) Military Order 50: "Order Concerning Distribution Of Newspapers" -- It is forbidden to import, distribute or publish newspapers in the area without the permission of the military authorities.
          • (k) Military Order 56: "Order Concerning Road Transport" -- This order specifies in considerable detail the conditions under which vehicle licensing is to be regulated. This order creates a new Israeli Military Committee to oversee vehicle licensing.
          • (l) Military Order 65: "Order Concerning Prohibition Of Employment" -- This requires non-residents of the occupied territories intending to start a business or take employment there, including volunteers, to obtain a work permit from the military authorities. This does not apply to non-residents who are employees of the Israeli military or Israeli corporations, or non-residents who were employed prior to 7 June, 1967, and did not leave during the fighting.
          • (m) Military Order 79: "Order Concerning Transmission And Broadcasting" -- "It is forbidden to own any broadcasting equipment, or to broadcast on it without a permit.
          • (n) Military Order 96: "Order Concerning Customs Areas " -- In accordance with the above, the West Bank is defined as a distinct customs area in which it is not permissible to transport or purchase goods in a non-registered vehicle or on a donkey or in certain areas.
          • (o) Military Order 101: "Order Concerning Prohibition Of Incitement And Hostile Propaganda" -- "It is forbidden to conduct a protest march or meeting (grouping of ten or more where the subject concerns or is related to politics) without permission from the Military Commander. It is also forbidden to raise flags or other symbols, to distribute or publish a political article and pictures with political connotations." This includes artwork. No attempt should be made to influence public opinion in a way which would be detrimental to public order/ security. Censorship regulations are in accordance with the Defense (Emergency) Regulations 1945. The punishment for non-compliance is a prison sentence of up to 10 years and/or a fine of 2,000 Israeli lira. Soldiers may use force to apply this law.
          • (p) Military Order 103: "Order Concerning Customs Tariffs" -- This imposes customs duties on goods brought into the area in accordance with a permit issued under Military Order 45, with the exception of goods brought from Israel. It also announces the creation of a public fund which is to be used to develop the economy of the area and into which customs fees levied on goods are to be paid. Article 3 imposes customs duties on goods brought into the area of the West Bank from any area except Israel. The determination of the level of these duties is left to the "person responsible" appointed by the Area Commander.
          • (q) Military Order 114: "Order Concerning Road Transport" Driving without a driver's license is strictly forbidden. Owner, driver or responsible person are required to pay all costs when vehicle or goods are confiscated.
          • (r) Military Order 124: "Order Concerning Restriction On The Transfer Of Goods" -- "It is forbidden for anyone to bring in, move or transfer goods in the municipality of Nablus without the permission of the Area Commander."
          • (s) Military Order 134: "Order Concerning Prohibition On Operating Israeli Tractors And Other Agricultural Equipment" -- It is not permitted to use agricultural equipment from Israel in the occupied terrotiries without a permit from the area commander.
             
            MILITARY ORDER 134: ORDER PROHIBITING THE OPERATION OF TRACTORS AND AGRICULTURAL MACHINERY FROM ISRAEL (WEST BANK REGION)
            (9 July, 1967)

            In accordance with the authority vested in me, and in my capacity as the commander of the Israeli Defense Forces in the West Bank region, I hereby order as follows:

            Definitions. 1. In this Order:
            • "The official" - The person appointed by me to be the official for the purposes of this order, and also any person authorized in writing by the official for the purposes of tin's order (the subsidiary official).
            • "Tractor or agricultural machine from Israel" - A tractor or agricultural machine registered in Israel in accordance with any law, or a tractor or agricultural machine which is or was present in Israel on the eve of the implementation of this order, or a tractor or agricultural machine imported into Israel thereafter.
            Operating
            Prohibition
            2. It is prohibited for any person to bring a tractor or other agricultural machine from Israel to the region, and it is prohibited for any person to operate a tractor or any other agricultural machine brought from Israel, either directly or indirectly, unless a permit to this effect has been obtained from the official.


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

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