Command issued by the Israeli military
An Israeli military order is a general order issued by an Israeli military commander over territory under Israeli military occupation. It has the force of law. Enforcement of such orders is carried out by Israeli military police and military courts instead of civil courts.
Military orders are still a basic instrument of Israeli rule of the Palestinian population in Area B and Area C of the West Bank. In contrast, Israeli civilians living in settlements in the area are usually subjected to civil courts.
Palestinians living in Area A of the West Bank, under full control of the Palestinian Authority, are now mostly subject to its laws and civil jurisdiction. Between the beginning of the Israeli occupation of the West Bank in 1967 and the establishment of the Palestinian Authority under the Oslo Accords in 1994, military orders were issued "in a constant stream," covering both criminal and civil matters as well as security and military matters.
History.
Israel inherited the British-imposed "1945 Defence (Emergency) Regulations", applying to whole British Mandatory Palestine. The Regulations included, inter alia, the establishment of military tribunals to try civilians without granting the right of appeal, allowing sweeping searches and seizures, prohibiting publication of books and newspapers, demolishing houses, detaining individuals administratively for an indefinite period, sealing off particular territories, and imposing curfew.
In 1948, the newly formed state of Israel incorporated the Defense (Emergency) Regulations into its national laws, except for "changes resulting from establishment of the State or its authorities.
Although, in 1951, the Knesset decided that the Defense Regulations oppose the basic principles of democracy and directed the Constitution, Law, and Justice Committee to draft a bill for their repeal, they were not abolished. Later prospects for partial repeal were gone upon the outbreak of the 1967 Six-Day War. The military governor in the Occupied Territories issued a military order "freezing" the legal situation then existing there. Since, the Regulations and its system of military orders are extensively used in the Occupied Territories.
Legal authority.
The Israeli Military Orders are enacted in accordance to Article 43 of the Hague Regulations, ratified at the Hague Conventions. The Hague regulations authorize the military occupier of territories to implement new laws, intending to ensure ‘public order’ (translated from French). In reference to “Military Authority Over the Territory of the Hostile State,” Article 43 of the Hague Regulations states, “The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country” The interpretation and application of this Article was initially analyzed by the Israeli Supreme Court.
Initial Applications of the Hague Regulations.
One of the first applications of Article 43, which was deemed valid by the Israeli Supreme Court was the case of the Jerusalem District Electricity Company. The Court concluded that it was the military’s responsibility to address the economic welfare of the local population (in Jerusalem), and therefore should help meet the local demand for electricity for the Palestinians and Jewish settlers, specifically in the settlement of Kiryat Arba alike. However, the Supreme Court also validated the military’s prohibition of the “Al-Talia,” an Arab-centric weekly newspaper.
More significantly, the Supreme Court ruled that the military commander had the right to impose a “value tax” needed to obtain resources in order to fulfill the ‘public order and safety’ clause of Article 43. Much to the petitioners’ dismay, the law remained valid. Finally, the Supreme Court ruled in approval of the military’s confiscation of petitioners’ land, in order to build roads ultimately connecting the West Bank with Israel. The Court saw this as ensuring public order and growth. These cases all served to establish the role of the Hague Regulations, specifically that of Article 43, to be played in the context of Israel’s occupancy of the former Palestine.
Examples of Military Orders.
Officially beginning in 1967, the Israeli Military Orders are issued by the General Commanders and carried out by the Israeli Defense Forces and ultimately affect the infrastructure, law, and administration particularly of the Palestinians of the region. Pursuant to Military Orders, the military is authorized to issue declarations holding more detailed orders; see for example "Declaration s/2/03" (regarding the Separation Wall).
Land.
Orders regarding the seizure of land has always been one of the most important means in the maintenance of the occupation. Initially, they were mainly issued for military reasons. Over the years, more and more land was seized for the establishment of settlements.
State land.
The IDF has issued numerous Orders to confiscate Palestinian lands by declaring it "State Land"
In January 2009, the IDF issued four Military Orders (No. 484 to 487) to evacuate lands of Nahalin, southwest of Bethlehem under the pretext that the targeted locations are 'State Land'. In the previous 4 years, the military already confiscated Nahalin lands by 25 different Orders, labeling them 'State Land'. Most of the land was in Area C, where Israeli settlers already occupied land of Nahalin since 1967.
West Bank barrier.
In 2000, Israel started the construction of the West Bank barrier, about 80% of which on Palestinian land. The Palestinian lands were seized by numerous Military Orders. Often the Wall runs across villages dividing them in separate parts. For example, in Al Jib and Beit Hanina. Many are cut off from their agriculture land, like Beit Ijza. Not only land for the Barrier itself, but also the land between the Wall and the Green Line (the Seam Zone) are confiscated, usually under the pretext of security:
Water.
Following the onset of the occupation in 1967, Israel brought all water resources in the Occupied Palestinian Territory under its military control, as stipulated by Military Order No. 92, issued in 1967. In line with the Oslo Accords—comprising the Declaration of Principles on Interim Self-Government Arrangements of 1993 and the Interim Agreement on the West Bank and the Gaza Strip of 1995, partial water governance responsibilities were transferred to the Palestinian Authority. Notably, the Interim Agreement on the West Bank and the Gaza Strip, also known as Oslo II, continues to serve as the primary framework for regulating water use in the West Bank. Initially intended as a five-year interim arrangement upon its conclusion in 1995, the agreement remains in effect to date.
The combination of these two orders 158 and 92 gave the Israeli authorities complete control over the entire water supplies in the West Bank and Gaza. Only the Head, appointed by the Area Commander, has influence in any issue regarding “transportation, extraction, export, consumption, sale, distribution, inspection of its use, purification, allotment of shares, the establishment of water projects, measurement, prevention of contamination, carrying out of studies and measurements in anything that deals with water matters, drilling wells, hearing of objections and all proceedings dealing with any of the above laws, etc., fixing and collecting fees, taxes and any payments for any of the above and any other matter which has not been mentioned specifically above which deals in any way whatsoever with water subjects.” For example, Article 4(A) of Order 158 specifically states that “it shall not be permissible for any person to set up or to assemble or to possess or to operate a water installation unless he has obtained a license from the Area Commander.” And although the exact number of granted licenses is disputed, the percentage is relatively small.
References.
 ;templatestyles src="Reflist/styles.css" / ;