Summary
The consolidated military order for Judea and Samaria (the West Bank) established 1 November 2009 by the Legal Advisor for the Judea and Samaria Area with the Commander of IDF Forces in the Area’s consent, in force 2 May 2010, replacing twenty earlier orders including the 1970 Security Provisions Order No. 378: in its 335 sections it constitutes the military courts and governs detainment, arrest, remand, bail, search, seizure, pre-trial and trial proceedings, juvenile trials, sentencing, liability rules, the offense code, execution and transfer of custody, administrative detention, restraining orders, deportation, and the administrative powers of Chapter J, closing with a general five-year penalty, transition provisions and indirect amendments, an Addendum, and Amendments No.1, 2 of 2010 (forces-2009-order-regarding-security-provisions, PDF p.1-58).
Details
- Establishment (PDF p.1): issued under section 2C of Order No. 111 (Collection of Proclamations), 5727-1967; the twenty replaced orders run from No. 17 (1967) to No. 1558 (2005), and acts under them are regarded as issued under this Order.
- Reach (PDF p.4, p.7): the military courts it constitutes may try security-legislation and law offenses, including acts outside the region meant to harm its security or public order and specified offenses in area A (section 10); Chapter C applies also to acts in Israel or IDF-held territory (section 21).
- Custody clocks in the part read (PDF p.7-9): detainment at most three plus three hours (s.26); a warrant to follow warrantless arrest within 96 hours (s.31); eight-day police and combat-arrest detention (ss.32-33); remand thirty days at a time to ninety days, plus up to three months by an appeals judge (ss.37-38); detention to the end of trial after indictment (s.43), with an appeals-judge review at two years without verdict (s.44).
- Counsel and notice in the part read (PDF p.10-12): notice of arrest and attorney access are deferrable on separate clocks (ss.53-59), for Appendix-offense suspects to fifteen plus fifteen days administratively and thirty plus thirty days by court order, lapsing on indictment (ss.58-59).
- Relation to Order No. 101 (PDF p.1-2 of that source): Order No. 101 (1967) adopts this Order’s definitions for its own terms and preserves soldiers’ powers under it (Order Regarding Prohibition of Incitement and Hostile Propaganda Actions (Order No. 101, 1967), PDF p.1-3).
- Sentencing in the parts read (PDF p.24-29): a fine may reach four times the intended damage or benefit (s.164(C)); the death penalty requires a unanimous three-judge panel of lieutenant colonels or above and is barred for an offense committed under eighteen (s.165); good-behavior commutation does not apply (s.167(F)); a juvenile at sentencing may be imprisoned at most six months and a young adult at most one year, subject to the stated exception (s.168); and the Area Commander holds a conditional pardon and mitigation power whose cancellation, on breach without conviction, is decided by a committee he appoints (ss.184-186).
- Liability and offenses (PDF p.30-40): the accused bears the burden of proving exemption, permission, justification or a permit (s.208); intentionally causing death carries death and group membership under that section life imprisonment (s.209); unlicensed weapons, war-materiel commerce, sabotage and the section 222 infrastructure offenses carry life imprisonment (ss.220, 222, 230, 233); stone-throwing at a person, property or traffic carries ten years and at a moving vehicle twenty years (s.212); and attempts to influence public opinion in a manner that may harm public peace or public order, and support for or identification with a hostile organization, carry ten years (s.251).
- Administrative detention (PDF p.43-44): Chapter I’s first regime (ss.271-283, 96-hour review, three-month periodic review) is disapplied by the temporary order in section 284 in favor of a regime (ss.285-295) with eight-day review; both allow six-month orders renewable in six-month periods with no stated cumulative maximum, and the temporary regime’s orders may be made by a military commander the Area Commander empowers.
- Restraining orders, supervision and deportation (PDF p.45-48): a military commander may impose restraining orders and special supervision including assigned residence (ss.296-297), appealable to a committee on secret evidence, with six-month periodic review of a sustained assigned-residence order; and may order deportation of an “infiltrator” (seven years, twenty if armed, s.300), with custody, a 72-hour bar, costs to 7,500 New Shekel on the infiltrator, a presumption of infiltrator status from presence without a permit (s.304), and committee review within eight days and at sixty days (ss.299-315).
- Administrative powers and general penalty (PDF p.49-55): Chapter J gives commanders movement, curfew, closed-zone, place-opening and closing, sign, identity-card, security-measure and construction powers (ss.316-332, including a bar on rebuilding a Regulation 119-demolished building in s.331); section 333 sets five years for a violation with no other stipulated punishment; section 335 re-points some thirty other orders at this Order and revokes sections 7 and 7A of Order No. 101. The Addendum (PDF p.56) cites its listed offense sections as sections of Order No. 378; Amendment No.2 (Order No. 1658, 2010) adds a miscarriage-of-justice retrial ground to section 157.
Related pages
forces-2009-order-regarding-security-provisions, Military Courts (Judea and Samaria), Order No. 101: Prohibition of Incitement and Hostile Propaganda Actions, Israel Defense Forces, West Bank, Administrative Detention