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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
        • 5) Uses other methods to constrict Palestinian society that are oppressive and exploitive --
Details
Requested
          • (a) Military Order 5: "Order Concerning Closure Of The West Bank" -- This declares the entire West Bank a closed military area, with exit and entry to be controlled according to the orders and conditions stipulated by the military.
          • (b) Military Order 29: "Order Concerning Operation Of Prisons And Detention Centres" -- This stipulates that prisoners from the area should be kept separate from Israeli prisoners whenever possible and that detainees should be separated from convicted prisoners. It also details the regulations under which a detainee should be allowed to prepare for trial; he should be allowed to consult his lawyer when necessary, although the Military Commander has the right to appoint a person to sit in on these legal consultations, cut them short or ban access to the prisoner altogether if he deems it necessary for reasons of security. This Military Order also orders installation of a registration tracking system for tracking inmates while they are in the prison system.
          • (c) Military Order 52: "Order Concerning Police Forces Operating In Conjunction With The Israeli Military Forces" --This order grants all police the same powers and jurisdiction as those granted to soldiers.
          • (d) Military Order 107: "Order Concerning Use Of Textbooks" --This lists 55 books which are banned from being taught in schools. These include Arabic language books, history, geography, sociology and philosophy books.
          • (e) Military Order 128: "Order Concerning Opening Of Shops" -- This broadly defines 'shops' as businesses of any kind. This order then requires the owner or manager to open his business during regular working hours. The shop-keeper is then forbidden to refuse to sell his stock or provide his services to any person who is willing to pay reasonable fees, or to do so in an irrational manner. Punishment for non-compliance can involve the enforced closure of the shop, or the dispensation of the stock in whatever manner the Military Commander sees fit, regardless of whether the owner has been convicted.
          • (f) Military Order 133: "Order Concerning Sale Of Official Publications" -- "It is permissible for the Military Commander to order a shop-keeper or stall-holder to sell and display any official document at the stated price.
          • (g) Military Order 144: "Order Concerning Security Provisions" -- This cancels article 35 of Military Proclamation 3, revoking the previous admission by Israel that her military was bound, in its treatment of the Palestinian population of the West Bank, Gaza and Golan, by the terms of the Fourth Geneva Convention.
          • (h) Military Order 361: "Order Concerning Documenting Cars (Garages)" -- Any garage-owner or manager must document the details of the age, model and license plate number of any car in his garage and these records must be kept for at least a year. Gives any policeman access at any time to the information in this register.
          • (i) Military Order 395: "Order Concerning Documentation Of Vehicles (Garages)" -- A garage owner or manager must include the following information in his registration of vehicle details: the driver's name, the details of required repairs, and the cause and degree of the existing damage.
          • (j) Military Order 537: "Order Concerning Municipal Law" -- This gives wide-ranging powers to the Area Commander over municiple boundaries and services , their scheduling, and who performs and supervises them. Thus empowered the Area Commander to remove Mayors from major West Bank cities that had been elected to those positions by the local populace.
          • (k) Military Order 818: "Order Concerning The Planting Of Certain Decorative Flowers" -- This order regulates growing of decorative flowers, including numbers.
          • (l) Other methods Israel has used to constrict Palestinian society which are oppressive and exploitive --
            • (a) Building Israeli settlements on expropriated Palestinian land which are then given all sorts of special privileges;
            • (b) Building a system of by-pass roads for Israeli use only, which helps further slice up occupied Palestine into small enclaves isolated from each other and the outside world;
            • (c) Building a Security Fence/Wall not along Israel's border but through Palestinian communities separating families, and cutting off workers from their jobs, farmers from their fields, students from their schools, etc.
            • (d) Installing a system of military checkpoints throughout occupied Palestine which limit movement in unfair ways, thus further strangling the economy and social life of Palestinian society;
            • (e) Destroying or closing Palestinian civil infrastructure such as walls, bridges, and roads or by building ditches around neighborhoods or business centers which further inhibit movement and isolate Palestinian population centers;
            • (f) Destroying Palestinian economic assets such as office buildings, and port and airport facilities, orchards, and factories which strangle the Palestinian economy and social movement;
            • (g) Destroying Palestinian security facilities such as police stations and jails so that they cannot fulfill peace agreements, or improve their own law enforcement capabilities;
            • (h) Assassinating rebel leaders (many of them moderate who were interested in negotiating with Israel), officially called 'targeted assassination'.


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

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