Order regarding Security Provisions [Consolidated Version] (Judea and Samaria) (No. 1651), 5770-2009

Summary

Part 1 of 3 (PDF p.1-22, sections 1-147): the consolidated Order regarding Security Provisions (No. 1651), 5770-2009, established 1 November 2009 by Sharon Afek, Colonel, Legal Advisor for the Judea and Samaria Area, with the consent of the Commander of IDF Forces in the Area, to take effect 2 May 2010, replacing twenty earlier military orders including Order No. 378 (1970), the previous Security Provisions order. The part read establishes the military-court system for the Area (courts of first instance and a court of appeals, judges appointed by the Commander on a Selection Committee’s choice), and sets the detainment, arrest, remand, bail, search, seizure and forfeiture regime of Chapter C, the pre-trial proceedings of Chapter D, and trial proceedings through the start of the juvenile-court provisions in Chapter E — including remand of thirty days at a time to a ninety-day total plus up to three further months by an appeals judge (sections 37-38), deferral and prevention of attorney meetings for up to 15 plus 15 days by interrogation authorities and 30 plus 30 days by a court for suspects of Appendix offenses (sections 58-59), privileged-evidence certificates by the region commander (section 87), and a military juvenile court for minors under sixteen (sections 136-147); section 135, sitting between sections 134 and 136, gives an unnamed article effect from 29 September 2009 for one year, without stating which article it governs (forces-2009-order-regarding-security-provisions, PDF p.1-22).

Part 2 of 3 (PDF p.23-44, sections 148-290): the range completes Chapter E (appeal, retrial, sentencing, fines, compensation, and the Commander’s conditional pardon/mitigation with its cancellation committee, sections 148-186), gives the whole of Chapter F, Rules of liability for an offense (sections 187-208, including a reversed burden on exemption, permit or justification in section 208), the whole of Chapter G, Offenses (sections 209-262 — death for intentional killing in section 209, life imprisonment for, among others, sabotage, group membership under the weapons and public-order sections, and unlicensed weapons, and ten years for stone-throwing at a person or traffic and for incitement/support of a hostile organization in section 251), and the whole of Chapter H (sections 263-270), headed “Legal aid” but in content execution of arrest, imprisonment and court orders across the Area, Israel and held areas and transfer of prisoners and detainees to the Palestinian Council. It then opens Chapter I, Administrative Orders, with two successive administrative-detention regimes (sections 271-290): the first, disapplied by the temporary order in section 284, with judicial review within 96 hours and periodic review at three months (sections 275-276), and the temporary regime that replaces it, with review within eight days (section 287), each allowing six-month orders renewable in six-month extensions, in-camera hearings and evidence withheld from the detainee where disclosure may harm security (sections 273, 277, 280, 285) (forces-2009-order-regarding-security-provisions, PDF p.23-44).

Part 3 of 3 (PDF p.45-58, sections 291-335, the Addendum and Amendments No.1, 2) completes the file: it finishes the temporary administrative-detention article (sections 291-295), adds restraining orders and special supervision with assigned residence (sections 296-297), and a deportation article for an “infiltrator” — seven years for infiltration, twenty if armed, a deportation order with custody, a 72-hour bar on execution, costs capped at 7,500 New Shekel charged to the infiltrator, a presumption of infiltrator status from presence without a permit, and review by a committee of major-rank judges brought within eight days (four for a minor) and repeated at sixty days (thirty for a minor) (sections 299-315). Chapter J, Administrative powers (sections 316-332), gives military commanders movement and traffic control, curfew, closed zones, orders to open or close businesses and institutions, sign removal, identity-card carrying and temporary seizure, compelled “security measures” on persons, land and chattels at an owner-borne cost the commander sets, a bar on rebuilding on land where a building was confiscated and demolished under Regulation 119, and construction prohibition, suspension of licenses and demolition. Chapter K (sections 333-335) supplies the general penalty the earlier chapters presuppose — five years for a violation with no other stated punishment (section 333) — transition provisions, and indirect amendments re-pointing some thirty other orders at this Order and revoking sections 7 and 7A of Order No. 101. The Addendum (PDF p.56) lists offense sections and Defence (Emergency) Regulations, but cites them as sections of the predecessor Order No. 378, not of this Order; Amendments No.1 (Order No. 1656, 5 February 2010) and No.2 (Order No. 1658, 28 April 2010, adding a miscarriage-of-justice retrial ground to section 157) close the file (forces-2009-order-regarding-security-provisions, PDF p.45-58).

What the file is

The English consolidated version of Order No. 1651 as printed from the HaMoked / No Legal Frontiers military-orders web pages on 6 August 2017, in 58 PDF pages, about 49,561 words as supplied. Each chapter is a separate web page printed in sequence, so site navigation, a repeated chapter list and web footers are interleaved with the text; PDF p.13 is a chapter footer page with no sections on it. The contents list (PDF p.1) gives Chapters A-K (sections 1-335), an Addendum, and Amendments No.1, 2. The text copy was checked against the original at PDF p.1 and PDF p.11 and reads the same, including the slip noted in Open questions. No Hebrew text appears in the file. In part 2 the text copy was also checked against the original at PDF p.34 and PDF p.43, which confirm the section number “123” printed for Interfering in IDF matters and the absence of a printed article heading before sections 271 and 284. In part 3 the text copy was checked against the original at PDF p.56, which confirms the Addendum’s “holing” and “((provided” as printed and its citation of Order No. 378. The whole file, PDF p.1-58, is now read.

Section by section

Establishment and replacement list (PDF p.1). Established under section 2C of the Order regarding the Collection of Proclamations (No. 111), 5727-1967, with the Commander of IDF Forces in the Area’s consent. It replaces Orders No. 378, 17, 30, 52, 121, 132, 225, 243, 284, 322, 329, 332, 369, 393, 400, 465, 841, 1435, 1447 and 1558 (1967-2005), listed A-T with their titles and years; acts issued under them are regarded as issued under this Order. Declared effect: 2 May 2010. Signed 1 November 2009, Sharon Afek, Colonel, Legal Advisor for the Judea and Samaria Area.
Section 1, Definitions (PDF p.2). Among some thirty terms: “child” is under twelve, “juvenile” twelve to under fourteen, “young adult” fourteen to under sixteen; “police forces” are Israel Police placed under the Commander of IDF Forces in the Area, and any Israel Police member deployed in the Area is regarded as under his command; “public servant” includes police, General Security Service members, IDF employees, listed regional/local council employees and any person holding authority under law or security legislation; “information” includes incorrect information; “assault” includes touching or pushing without consent or with consent obtained through deception.
Section 2, General provisions (PDF p.2). References to bombs, grenades, explosives and ammunition include any component; an order under security legislation takes effect when it states; any order may be issued verbally; failure to draw a person’s attention to an order does not make it invalid for him; the section applies to all security legislation.
Sections 3-7, Powers of commanders, police, security and prison personnel (PDF p.2-3). The Commander may appoint a military commander for any area or place, by name or position (s.3). Every policeman has a soldier’s powers under security legislation and the powers a policeman in the Area had on 7 June 1967 (s.4); every police officer has policeman, police officer and IDF officer powers (s.5); every General Security Service member has a soldier’s powers, with his service superiors as an authority he must obey (s.6); prison guards on duty in/around a prison or accompanying a prisoner, Security and Operations Unit guards on specified duties, and Masada Unit members have a soldier’s powers under Chapter C (s.7).
Sections 8-10, Military courts and their authority (PDF p.4). In adjudication there is no authority over a judge apart from law and security legislation (s.8). The courts are first-instance courts established by proclamation and a military court of appeals (s.9). A military court may try any offense in security legislation and law, sentence on a law offense up to what a lawfully convened court could impose, reach offenses committed before the IDF’s entry into the region, and act for acts outside the region meant to harm the region’s security or public order, offenses in area A harming or meant to harm the region’s security, and specified Jordanian Criminal Code vehicle offenses in Area A whose object is an automobile legally registered in Israel — the last power, section 10(G), remaining in effect until 23.09.2010 (s.10).
Sections 11-14, Judges (PDF p.4-5). Appointment by the Commander according to the choice of a seven-member Selection Committee (chaired by the president of the courts-martial appeals court, with the Personnel Branch head, the coordinator of government activity in Judea, Samaria and the Gaza Strip, the appeals vice-president and president, a retired judge and an Israel Bar representative); rank and legal-experience thresholds by post, with reserve officers barred from presidencies (s.11); acting judges for at most one year in three, who may not hear the same matter in two instances (s.12); Committee composition, nomination, majority voting and the bar on proposing a person convicted of an offense entailing moral turpitude (s.13); tenure ending only by consent, medical determination, Committee decision or organizational decision, with a judge who began a hearing able to conclude it within three months except after a Committee termination (s.14).
Sections 15-20, Composition and transfer (PDF p.5-6). First-instance courts sit as three judges or a single judge (s.15-16); a single judge may impose at most ten years’ imprisonment or the specified fine ceiling in one sentence, without detracting from suspended-sentence powers (s.17); transfer between a court of three and a single judge at a prosecutor’s request or by the single judge, with prior evidence adoptable or retaken (s.18); the appeals court sits as three, as five for death-penalty appeals and specified cases, and as one judge for detention, section 45 appeals and section 47 reviews and for appeals from single judges below the stated sentence thresholds (s.19); replacement of a judge mid-trial on the same adopt-or-retake terms (s.20).
Sections 21-29, Detainment (PDF p.7-8). Chapter C also applies to law offenses and to punishable acts in Israel or IDF-held territory (s.21). Detainment is a time- and purpose-confined restriction of movement; a soldier may detain a suspect or a person about to commit a dangerous offense to identify, question and deliver documents, and may require accompaniment to or summoning before an investigator (s.22); witnesses, search and arrest-warrant detainment follow (ss.23-25); detainment may not exceed the reasonable time required and in any case three hours, extendable by three more by a lieutenant colonel or police officer for recorded reasons (s.26), with a report where the person was brought to an investigator or held three hours or more (s.27); arrest is not to be used where detainment suffices (s.28); detention is in a place a military commander determines (s.29).
Sections 30-44, Arrest and remand (PDF p.8-9). Arrest warrants are executed by a soldier (s.30). Warrantless arrest by a soldier requires a warrant within a reasonable time, and release if none issues within 96 hours (s.31). A police officer may issue a written warrant for up to eight days from arrest (s.32). Combat arrest — arrest in the Area during operational activity in the fight against terror raising danger suspicion — may be ordered in writing for up to eight days from arrival at the facility, with no attorney meeting for the first two days (s.33). Police and judges may order release, conditionally or not (ss.34-36). Remand by a judge is thirty days at a time to a ninety-day total (s.37), plus up to three months by an appeals judge at the legal advisor’s request (s.38); a judge may extend detention up to 72 hours for a military commander to consider an administrative detention order (s.39). Release of a judge-warrant detainee is by a judge, with a stated police-officer exception (s.40); release may be deferred up to 72 hours for appeal or for administrative-detention consideration (s.41). Bail terms, arrest for feared flight, forfeiture on breach, appeal on amount, and cancellation if no indictment is served within two years (s.42); detention until the end of trial after indictment (s.43); and review by an appeals judge after two years’ cumulative detention under one indictment without a verdict, with release unless the stated circumstances do not justify it and further detention orders of up to six months (s.44).
Sections 45-53, Appeal, review, presence and notice (PDF p.9-11). Arrest/release decisions may be appealed to an appeals judge and reviewed on new facts or changed circumstances, with a detainee entitled to request review at one year and each six months after (ss.45-48); deferral and authority pending appeal (ss.49-50); arrest hearings in the detainee’s presence, with health and request exceptions (s.51), but in security offenses detention may be ordered without his presence for up to 24 hours to prevent significant harm, up to 72 hours where security circumstances make bringing him difficult, and, under time-limited subsections in effect until 29.12.2010, in-absentia extension within a 25-day frame and in-absentia appeal/review hearings where stopping the investigation would harm it, with a defense attorney present or appointed (s.52); notice of arrest and place to a relative without delay, to a parent for a minor, and at the detainee’s request to his named lawyer, with section 58 detainees excluded from the lawyer-notice and rights-notice subsections (s.53).
Sections 54-59, Deferral of notice and of attorney meetings (PDF p.10-12). A judge may defer notice for an offense punishable by over three years for 96 hours, extendable to eight days total, heard ex parte (s.54). For Appendix-offense suspects, a General Security Services investigation head or authorized lieutenant colonel may defer notice up to 24 hours, and a judge up to twelve days total including those days (s.55). Attorney meetings are a right, private and confidential subject to supervision of movements (s.56(A)-(B)), delayable for a few hours or barred up to 96 hours by specified police officers, except for section 58 detainees (s.56(C)-(F)); a judge may bar meetings for 96 hours extendable to eight days, ex parte (s.57). For Appendix suspects, an interrogation supervisor may bar meetings for periods totaling fifteen days and a permitting authority for fifteen more, with a meeting required once interrogation ends (s.58); a judge may bar them for thirty days, and the first-instance president or vice-president for thirty more on the Commander’s written confirmation of special security reasons, the authorization lapsing when charges are filed (s.59).
Sections 60-69, Seizure, forfeiture and search (PDF p.12). Seizure of goods connected to or evidencing an offense (s.60); seized goods dealt with as the regional commander orders, released if cleared, with conflicting ownership claims decided on a prosecutor’s referral and seizure/holding expenses on the owner or holder (ss.61-64); court-ordered forfeiture on conviction or prohibited possession, with an uninvolved owner’s defense (s.65) and annulment claims by non-involved owners (s.66); warrantless entry and search at any time of any place, vehicle, boat or airplane on the stated suspicion grounds, including searching persons on or leaving them (s.67); search of suspected persons and animals (s.68); stopping vehicles by force if necessary, with failure to stop an offense (s.69).
Sections 70-76, Investigation and prosecution (PDF p.14). Investigators (any IDF officer in the Area or an authorized person) may interrogate witnesses, record signed or marked statements, with a self-incrimination exception and the statement usable as evidence in proceedings against the witness for improper response (s.70). Investigation files may be closed, or proceedings stayed, for no public interest or insufficient evidence by the Commander, chief military prosecutor or legal advisor, and for the stated offense classes by authorized police officers under the legal advisor’s guidelines (ss.71-72); once a law-offense file passes to a military prosecutor, only security-legislation proceedings apply (s.73). Defense attorneys are local or Israeli attorneys as defined (s.74); prosecution is by a Commander-appointed military prosecutor (s.75); a defendant may be represented or defend himself (s.76).
Sections 77-87, Defense counsel and evidence (PDF p.15). A court of three must, with the defendant’s consent, appoint counsel for a defendant facing ten years or more who has not chosen one; discretionary appointment in special circumstances (s.77); appointment only with the attorney’s consent (s.78); counsel represents in all related proceedings and may cease only by court permission, with replacement and non-reappointment rules (ss.79-82); court-set fees by the cited 2007 Regulations’ Second Appendix, up to double where just, paid from the regional command budget, and a bar on any other payment or benefit (ss.83-84); prescribed court attire for male and female attorneys, with a seasonal jacket exception (s.85); evidence law follows the obligatory criminal rules in courts within Israel (s.86); a region commander’s signed certificate that evidence would harm the region’s security or an important public matter bars its receipt unless an appeals judge on petition finds disclosure needed for justice takes precedence, with in-camera petition procedure and ex parte explanations (s.87).
Sections 88-99, Procedure and publicity (PDF p.15-17). Unprovided procedure is as the court finds most appropriate for a just trial (s.88). Hearings are open, with in-camera power for IDF/public security, morality, minors, incapacitated and disabled persons, sexual-offense complainants/defendants and witness deterrence; the Commander may state a trial should be in camera for the region’s security, subject to the court’s contrary determination on a litigant’s request; nothing from an in-camera hearing may be publicized without permission (s.89). Publication prohibitions, including of a pre-charge suspect’s identity and of the prohibition request itself (s.90); Israeli court gag orders valid as military-court orders (s.91); no courtroom photography without permission (s.92); no identifying publication about a minor defendant, witness, complainant or injured party in the stated Jordanian Criminal Code trials without permission (s.93); these rules extend to in-camera hearings not before a military court (s.94); violations of sections 89-93 carry two years (s.95); contempt carries two years, with immediate sentence up to three months and no double responsibility (s.96); removal of disruptive persons (s.97) and of a person deterring a witness (s.98); decisions, verdict and sentence by majority, with the most-severe judge deemed to join the most similar view where there is no majority on punishment (s.99).
Sections 100-110, Indictment, summons and witnesses (PDF p.17-18). Indictments state whether they go to a court of three or a single judge, are copied to the defendant before trial, separate charges per offense, and may be amended before trial by the prosecutor and after trial begins by the court with a reasonable defense opportunity (ss.100-102); joinder and separation of defendants and hearings (ss.103-104); suspension where the defendant cannot be brought, renewable even after legal periods elapsed where suspension was for evading justice, with the legal advisor’s permission (s.105); service of summons personally, on an adult resident family member, by registered letter, or via the Palestinian council through the Supervisor of Legal Aid, with counsel service counting as defendant service, refusal treated as service, and fallback posting at the District Coordination Office or publication in Hebrew and Arabic newspapers (s.106); subpoenas against defendants and witnesses, with detention or conditional release on appearance (ss.107, 109); seizure of a fled defendant’s assets, including land, without injuring creditors, with dependants able to seek annulment (s.108); disobedience to summons punishable by two years, with immediate sentence up to three months and no double responsibility (s.110).
Sections 111-126, Trial opening and pleas (PDF p.19-21). Trial place/time set by the president or, for a single judge, by himself (s.111); postponement and remand instructions (s.112); expenses may be imposed on a litigant causing delay (s.113); the defendant is entitled to be present if he behaves properly, may be removed for improper behavior with safeguards, or be permitted to be outside court (s.114); the protocol records the proceedings and is prima facie evidence of the trial’s course (s.115); a translator is appointed if the defendant does not know Hebrew, and non-Hebrew evidence is recorded in Hebrew translation (s.116); the indictment is read and explained unless represented counsel confirms he did so (s.117); defense rights are explained if the court considers it necessary (s.118); pleas are guilty, not guilty, or not guilty admitting facts in whole or part, silence counting as not guilty, with abstention from pleading able to strengthen the prosecution evidence (s.119); recantation with permission, including after verdict where founded on a confession (s.120); a death-penalty-liable defendant is treated as pleading not guilty (s.121); acceptance or rejection of a guilty plea, conviction on confession after checking understanding, evidence on disputed facts, and sentencing sequence in multi-defendant cases (s.122); admitted facts are proven unless the court demands proof (s.123); prosecution case, with the court prompting an unassisted defendant to question each prosecution witness (s.124); acquittal at the close of the prosecution case where the evidence does not warrant a response (s.125); the defense case, with the defendant’s choice to testify (liable to cross-examination) or abstain, abstention able to strengthen and corroborate the prosecution evidence, and postponement to bring defense witnesses (s.126).
Sections 127-135, Close of trial and section 135 (PDF p.21). Summaries by prosecutor then defense (s.127); immediate announcement of acquittal, release and discharge of bail (s.128); conviction and sentencing, including conviction on proven facts not alleged in the indictment without a heavier punishment than the alleged facts allowed, and pre-sentence evidence and final say (s.129); detention in a commander-determined place for a defendant not punishable due to mental illness at the time of the act, or unfit to stand trial, with trial ordered if two military doctors testify he is sane and the commander finds it appropriate (s.130); psychiatric medical examination and hospital admission for that purpose (s.131); witness examination, cross-examination and redirect, order in multi-defendant trials, cautioning and optional swearing with a religion/conscience affirmation (ss.132-134); section 135 provides that “this article” takes effect 29.09.2009 for one year and does not apply to proceedings indicted before its commencement; the text does not name which article “this article” refers to (see Open questions).
Sections 136-147, Military juvenile court (PDF p.22). “Military juvenile court” is a first-instance court presided over by a juvenile judge; “minor” is under sixteen, for a suspect/defendant as of the indictment date (s.136). Juvenile judges are assigned by the appeals president from trained first-instance judges (s.137). A minor’s offense is tried before a juvenile court, arrest and release proceedings excepted (s.138); no joint trial with a non-minor without the chief military prosecutor’s consent, with treat-as-juvenile-court or separation options (s.139); transfer to a juvenile court on discovery of minority before verdict, continuation as a juvenile court for special circumstances or after verdict, a juvenile court’s options on finding the defendant is not a minor, and rulings not invalid solely for wrong-age forum absent a grave miscarriage of justice, for which the appeals president may order a retrial (ss.140-142); separation of minors in place, transport and holding as far as possible (s.143); no indictment for an offense committed as a minor after two years without the chief military prosecutor’s consent (s.144); the indictment states the minor’s birth date if ascertainable (s.145); the juvenile court may appoint counsel in the minor’s best interest and must help an unrepresented minor examine witnesses (s.146); a parent may be ordered present, may submit requests, examine witnesses and argue for the minor (s.147). Section 148, headed “Report”, begins on PDF p.22.
Sections 148-149, Juvenile report and detention (PDF p.22-23). A convicted minor’s court may demand a written Social Welfare Affairs report on his past, family, economic and health situation and any special circumstances that led to the offense, with rehabilitation advice; the parties may not be given a copy unless the court instructs otherwise, though prosecutor and defense may examine it in the court file (s.148). A minor is held only in a separate facility or completely separate minors’ wing, or at a police station separately with no contact with non-minors (s.149).
Sections 150-162, Ruling, appeal and retrial (PDF p.23-24). “Ruling” is defined to include annulment of an indictment and sentencing directives (s.150); the court must explain the right of appeal at the verdict’s reading (s.151); first-instance rulings are appealable to the appeals court under Israeli court-martial rules with necessary changes (ss.152-153), within thirty days, extendable by the appeals president or duty president (ss.154-155); a death sentence is heard on appeal automatically (s.156). The appeals president may order a retrial on four grounds — evidence ruled fundamentally based on a lie or forgery, new facts or evidence that could alter the result in the convict’s favor and could not have been known at trial, another person’s conviction for the same offense showing the first convict did not commit it, and a death-penalty ruling with grounds to assume it was fundamentally flawed (s.157) — on a written request by the convict (or, if he dies, his offspring, parents, brothers or sisters) or the legal advisor within 90 days of learning of the cause, with an opinion obtainable from the chief military prosecutor, trial before a court of three, no harsher punishment in a reheard retrial, and no second request on a refused ground (ss.158-162).
Sections 163-167, Execution and prison terms (PDF p.24-25). A peremptory ruling authorizes any soldier to execute the sentence (s.163); punishment may not exceed the offense’s stipulated punishment, imprisonment and fine may be combined, an imprisonment-only offense may still draw a fine up to the Fines Order ceiling for that term, and an offense intended to cause financial damage or obtain a benefit may draw a fine of four times the damage or benefit or the statutory fine, whichever is greater (s.164); the death penalty requires a unanimous panel of three judges of lieutenant colonel rank or above and may not be imposed for an offense committed under eighteen (s.165); forced-labor provisions are read as imprisonment (s.166); a prison sentence runs from its reading, includes pre-sentence detention for the same offense, and concurrent terms are the default in one ruling unless the court orders consecutive service, while the good-behavior commutation rules do not apply to military-court sentences, which are served in a place the Area Commander determines (s.167).
Section 168, Imprisonment of minor (PDF p.25). Age at perpetration is considered; a convict who at sentencing is a juvenile (12 to under 14) may be imprisoned at most six months, and a young adult (14 to under 16) at most one year unless convicted of an offense whose fixed maximum exceeds five years.
Sections 169-172, Suspended sentences (PDF p.25). A fixed sentence may be suspended in whole or part for a probation term of at most five years; on conviction for an additional offense the court shall activate it (consecutively to the new term unless it orders otherwise), a prosecutor may seek activation within four months if the court did not rule, and instead of activation the court may for noted reasons extend or renew the suspension once, by at most three years, where the additional offense drew no imprisonment (ss.169-171); orders under these sections are as a sentence (s.172).
Sections 173-180, Fines, guarantees and compensation orders within sentencing (PDF p.25-26). Fines are payable immediately unless the court sets terms; unpaid fines accrue arrears of fifty percent plus fifty percent per six months, collected under the Collection of Public Funds Law No. 6 of 1952, with imprisonment for non-payment of up to three years, served after — and by interruption of — other imprisonment, abating proportionally on part payment (ss.173-175). For a convict under eighteen the court may order a parent or guardian to pay his fine (with the convict’s payment rules, including imprisonment in its stead, applying to them) or to pledge a guarantee, realizable with up to six months’ imprisonment in its stead, that he not commit a specified offense within one year, in each case only after they are heard (ss.176-178). A military commander may order seizure and sale of a defaulting fine-payer’s assets through an appointed receiver (s.179). A court may order a convict to guarantee desistance from an offense for up to three years, enforceable by up to three months’ imprisonment (s.180).
Section 181, Release of minor by guarantee (PDF p.26-27). For this section “minor” is twelve to under eighteen (a definition distinct from sections 1 and 136). Where a military prosecutor confirms prima facie evidence, a military commander may order that an arrested minor not be tried, provided a parent or guardian pledges a guarantee, up to the Fines Order Section 1(A)(4) amount, that he commit no additional offense within one year; a parent who does not comply is subject to one year’s imprisonment; imposition and amount are appealable to a military court; on conviction for an additional offense in the period the guarantee may be realized, and on expiry it is refundable with linkage differentials on the stated terms.
Sections 182-183, Compensation (PDF p.27). A convicting court may order compensation for damage or suffering at the higher of the offense-day or decision-day value, unpaid compensation counting as an unpaid fine (s.182). An acquitting court that finds there was no basis for the charge or other justifying circumstances may order the Area Commander to pay the defendant’s defense costs and compensation for his detention or imprisonment, the prosecutor being permitted classified evidence ex parte where the ground is other justifying circumstances, and the Commander empowered to cap the sums by regulation (s.183).
Sections 184-186, Conditional pardon and mitigation (PDF p.27-29). The Area Commander may conditionally mitigate a military-court punishment or conditionally pardon, the condition being no offense punishable by three or more months’ imprisonment during the period of condition — the unserved term, capped at twenty-five years, extendable by the Commander to up to five years where it is shorter — and may set additional conditions, or mitigate unconditionally for special reasons (s.184). On conviction for a condition-period offense the convicting court shall cancel the mitigation and impose service of the condition period before and cumulative to other imprisonment (s.185). Breach without conviction goes to a committee of officers qualified as first-instance judges, appointed by the Commander and sitting by single judge or three: it may hold the convict in custody on a summoning decision taken in his absence, and on violation shall cancel the mitigation, conviction for an additional offense being irrelevant to that decision, though once only it may continue the release on conditions or order a shorter term; its cancellation decision is as an imprisonment warrant, deferrable by up to 72 hours, and appealable to an appeals committee appointed by the appeals president which holds all its powers (s.186).
Sections 187-208, Chapter F: Rules of liability for an offense (PDF p.30-32). No retrial for an acquitted or convicted action, except a later trial where the action caused death (s.188); partly-in-Area offenses are triable as if wholly in the Area (s.189); ignorance of law or security legislation is no justification unless knowledge is an element (s.190); a child (under twelve) bears no liability and may not be arrested or prosecuted for an act done as a child (s.191); chance, error in fact, insanity and limited drunkenness defenses, with compulsion (except murder and capital offenses) and necessity as justifications, and obedience to an order of an authority the person must obey unless the order is patently illegal, a question of law (ss.192-199); a wife is not exempt merely because she acted in her husband’s presence (s.200); principal perpetrators, accomplices, facilitators and advisors/inducers are all guilty of the offense, as are persons present in pursuit of a shared illegal objective when a foreseeable offense is committed (ss.201-202); the mode of execution of advised offenses is irrelevant within foreseeability, with retraction before commission a bar (s.203); attempts carry the offense’s provisions except mandatory or minimum punishment (ss.204-205), as do attempts to solicit, seduce or incite (s.206); a corporation’s director or clerk at the time is regarded as guilty of its offense unless he proves it was without his knowledge or that he took all reasonable measures to prevent it (s.207); and a person charged under security legislation bears the burden of proving exemption, permission, justification, license, permit, approval or authorization (s.208).
Sections 209-214, Chapter G: offenses against the person (PDF p.33). Intentionally causing death is punishable by death, and membership in a group a member of which commits or committed such an offense while a member, by life imprisonment (s.209); manslaughter by illegal action or criminally negligent omission, life imprisonment (s.210); assault five years, seven for real injury, ten where two or more joined together (s.211); throwing an object including a stone that harms or may harm traffic, or at a person or property intending harm, ten years, and at a moving vehicle intending harm to it or its occupant, twenty years (s.212); kidnapping in its grades ten years to life imprisonment (s.213); unlawful imprisonment three years, five when pretending official position or power (s.214).
Sections 215-221, Offenses against soldiers, public servants and IDF property (PDF p.33-34). Assaulting or using violence toward a soldier, ten years; threatening a soldier, seven years; insulting a soldier or offending his honor or position, one year (s.215); negligently causing damage to the body of a soldier or IDF-service or Area-authority employee is an offense with no fixed penalty stated (s.216); assaulting a public servant, duty-holder or IDF service-provider in connection with that status, ten years (s.217); disturbing a soldier or a security-legislation task-holder, and insulting an IDF authority or its symbols, are offenses with no fixed penalty stated (ss.218-219); sabotage to an IDF installation, life imprisonment (s.220); negligent damage to security property, an offense with no fixed penalty stated (s.221).
Sections 222-226, Public order and obedience to IDF authorities (PDF p.34). Acts or omissions endangering the security of the Area or the IDF or the operation, use or security of listed transport, communication and utilities infrastructure or Israeli state or IDF property — and membership in a group a member of which commits or committed such an offense — carry life imprisonment (s.222); interfering with IDF forces or essential services, disobeying an order to produce information or objects, and false declarations or misrepresentations to an IDF authority are offenses with no fixed penalty stated (the interfering section is printed “123” in sequence, and ss.224 and 226 are of that form); failure to appear on an IDF order is likewise an offense, and failure to appear on a signed special summons for interrogation carries seven years, a special summons being deemed delivered also by delivery to an adult resident family member plus publication at the district coordination and liaison offices, effective thirty days later unless it is proven not to have reached his attention (s.225).
Sections 227-229, Payment evasion, obstruction and contempt (PDF p.35). Evading a payment obligation to an IDF authority by the five listed documentary and deceptive means, five years (s.227); obstruction of judicial proceedings in grades from three years to fourteen years where committed armed or jointly, with defenses for informing a person of a legal right to refrain and for acting to reveal the truth (s.228); calumny against a judge in his position, three years, honest and polite criticism of a decision in a matter of public interest excepted (s.229).
Sections 230-236, Weapons, war materiel and property offenses (PDF p.35-36). “Firearm” and “weapon” are defined expansively, a weapon being a firearm, ammunition, bomb, hand grenade or explosive or combustible object; carrying, holding or manufacturing a weapon without a military commander’s permit or in breach of its conditions carries life imprisonment (s.230), as does membership in a group a member of which commits or committed a section 230 offense (s.231); failure to deposit a weapon whose permit expired or was annulled, ten years (s.232); commerce in war equipment without the Area Commander’s signed permit, life imprisonment, and failure to inform an officer or police station of another’s known intended or past violation, ten years (s.233); military-equipment offenses, including holding without permit or reasonable explanation which the holder must prove, ten years (s.234); arson of the listed objects intending property damage, ten years (s.235); willful destruction or damage to property is an offense with no fixed penalty stated, and ten years where the property is that of a public servant, duty-holder or IDF service-provider in connection with that status (s.236).
Sections 237-245, Enemy contact, training, espionage and shelter (PDF p.36-37). Contact in any manner with a person reasonably assumed to be acting for the enemy is prohibited, no penalty stated in the section (s.237). A resident leaving the Area may not undergo weaponry or sabotage training or knowingly contact a hostile organization abroad, an entrant must immediately report such training or contact at the nearest police station, necessity and compulsion are no defense unless reported immediately on return, and violation carries ten years; “hostile organization” and “contact” are defined by reasonable assumption about the other party (s.238). Espionage — transferring information intending to harm the security of the Area, fifteen years; obtaining, preparing, recording or holding it with that intent, ten years (s.239). Serious espionage on classified information: unauthorized transfer fifteen years, with intent to harm the Area life imprisonment, unauthorized obtaining or holding seven years or fifteen with that intent, with a good-faith, lawfully obtained, reasonable-objective defense to the holding offense (s.240). Obtaining, recording, transferring, publishing or holding material containing information of military value as listed, or supposedly of such value, fifteen years, giving a sign or contacting another so as to be able to transfer information counting as transfer (s.241). Entry into, attempted inspection of or unexplained wandering near a restricted area, ten years (s.242); masquerading in circumstances that may harm public peace, IDF security, the Area’s defense or public order, up to five years (s.243); impersonating a public servant, an offense with no fixed penalty stated (s.244); helping or sheltering, in any of the listed forms, a person who committed a security-legislation offense or acted to harm public peace, the IDF’s well-being or public order, or is reasonably suspected of having done so, is prohibited, no penalty stated in the section (s.245).
Sections 246-253, Public order, knives, threats, incitement and documents (PDF p.38). Giving tools, materials, money, information or any other means knowing it may serve directly or indirectly to commit or facilitate a crime, five years, whether or not a crime is committed (s.246); an act harming or liable to harm public peace or public order is an offense with no fixed penalty stated (s.247); trading, manufacturing or importing a knife for no legitimate purpose, seven years, holding a knife outside home or yard without proving a legitimate purpose, five years, penknife possession presumed legitimate (s.248); coercive threats are an offense with no fixed penalty stated (s.249), threats or insults that may harm public peace or public order carry one year (s.250); attempts to influence public opinion in the Area in a manner that may harm public peace or public order, preparatory acts or possession, publishing praise, sympathy or support for a hostile organization, and public expressions of identification or sympathy with it by flag, symbol, slogan or anthem carry ten years, “hostile organization” including an unlawful association under Regulation 84 of the Defence (Emergency) Regulations, 1945 (s.251); issuing identification documents without the Area Commander’s permission is prohibited (s.252) and the permit and security-legislation document offenses in section 253 — breaching permit conditions, altering, using, lending or misleadingly holding such documents — are stated without penalties in the section, acts abroad counting as committed in the Area.
Sections 254-262, Conspiracy, accessories, escape, bribery, wages, perjury, non-prevention and animals (PDF p.39-40). Conspiracy to commit an offense punishable by more than three years is punishable as that offense up to seven years, to commit a lesser offense at two years or the offense’s punishment if lighter, and conspiracy for the seven listed objectives, which include preventing execution of any law or security legislation and attaining a legitimate objective by illegitimate means, at two years (s.254). Accessories after the fact — parents, children and spouses excepted — are punishable at up to three years or half the principal term (s.255), and may be charged whether or not the principal is convicted (s.256); escape from lawful custody is an offense with no fixed penalty stated (s.257); bribery of and by public servants in its grades is stated at seven years for taker and giver, with the intermediary offenses stated without a fixed penalty and conviction permissible on one testimony, even an accessory’s (s.258); paying or approving wages from public-authority funds to a security offender, or to a person who has in practice stopped working and is informed to the authority as a suspected security offender, where the Area commander so directs, carries five years, “security offense” being any security-legislation offense and any emergency-legislation offense punishable by five years or more (s.259); perjury before a military court five years, before another empowered taker of testimony two years, and contradictory statements in the same matter intending to deceive three years (s.260); failure to notify a military commander, the nearest police station or any IDF officer, or otherwise reasonably act, on knowing or reasonably suspecting another is committing or planning an offense punishable by more than three years is an offense with no fixed penalty stated (s.261); bringing or herding animals into a closed zone without a permit, with confiscation of the animal and confiscation and holding expenses on the owner or holder (s.262).
Sections 263-270, Chapter H (headed “Legal aid”) (PDF p.41). A police or military police officer may order a corpse transferred to Israel to determine cause of death where death in the Area may have been unnatural or caused by an offense, or occurred under arrest or imprisonment (s.263). A military commander may exercise Regulation 119 of the Defense (Emergency) Regulations, 1945 powers over a home, structure or land in the Area also for an act committed outside the Area that would have enabled them if committed in it (s.264). Arrest and imprisonment under security legislation, Israeli statute and held-area law are executable across the Area, Israel and held areas in the manner of the place of execution, with Israeli law on early release and related matters continuing to apply to an Area resident sentenced in Israel (ss.265-267, 269); Israeli court orders for a resident minor — locked facility, treatment measures and probation — are executable in the Area under Area manner with Israeli law on custody, parole and related matters continuing to apply, and social-welfare references read as the Area staff officer for social welfare (s.268). The Area Commander may order in writing the transfer of a prisoner or detainee to the Palestinian Council, stipulating conditions; a transferred prisoner serves the rest of his term in the Council’s territories under the Council’s powers including early release and amnesty, and a prisoner released early is regarded as conditionally reduced on condition he remains in the Area until his term’s end, with Chapter E’s conditional-mitigation provisions (cited as “Article K of Chapter E”) applying (s.270). PDF p.42 is a chapter footer page with no sections.
Sections 271-283, Chapter I: administrative detention, first regime (PDF p.43-44). The article takes effect provided Article V of the chapter applies (s.271); its powers may be used only where a military commander deems it necessary for imperative security reasons (s.272). The Area commander may order detention for up to six months on reasonable grounds that regional or public security requires it, extendable by him from time to time in periods of up to six months, and a military commander may order up to 96 hours, not extendible by him; orders may issue in the detainee’s absence (s.273). Review is before a section 11(A)(1) judge within 96 hours — the judge may approve, cancel or reduce, must cancel where the reasons were not relevant security reasons or the order was not in good faith or was by unlawful considerations, and release follows if no hearing begins in the detainee’s presence in time (s.275) — with periodic rehearing at no later than three months and release if it does not begin in time (s.276). The judge may deviate from the rules of evidence and accept evidence in the detainee’s or his representative’s absence or without disclosure where disclosure may harm regional or public security, without detracting from section 87 (s.277); appeal lies to the appeals president or acting president and does not delay execution unless ordered (s.278); the detainee is entitled to be present subject to section 277(C) (s.279); hearings are in camera (s.280); the Area commander makes procedure regulations (s.281), may not delegate his powers under the article (s.282), and may cancel an order before or after approval (s.283).
Sections 284-290, Chapter I: temporary administrative-detention regime (PDF p.44). By a temporary order in the Area Commander’s voice, the first regime (Article A) is disapplied to detention orders under this article because the special circumstances prevailing in the Area today make proceeding temporarily not in accordance with its principles necessary for public order and regional security; the article remains in effect until the Area Commander issues a different directive, and the 1981 Administrative Detention (Conditions of Detention) Regulations apply to its detainees (s.284). Under it the Area Commander or a military commander he empowers may order detention for up to six months on reasonable grounds to do with regional or public security, extendable from time to time by up to six months, in the person’s absence (s.285), executable by a soldier or policeman in the order’s place or, if none is cited, in a security-legislation detention or prison facility, an Israeli prison or an Israeli military prison (s.286). Judicial review is within eight days of arrest before a judge of major’s rank or above, with the same approve/cancel/reduce powers and the same mandatory-cancellation grounds, and release if no hearing begins in time (s.287); appeal lies to an appeals judge with all a judge’s powers under the article (s.288); release on cancellation or reduction may be deferred for up to 72 hours on the military commander’s representative’s announced wish to appeal or on his appeal, and by the appeals judge for up to 72 hours for special reasons to be cited (s.289); and deviation from the rules of evidence is permissible in review and appeal proceedings for expedient truth-finding and a just trial, with reasons noted (s.290).
Sections 291-295, Temporary administrative-detention regime completed (PDF p.45). Section 290(C) (opening PDF p.45) and section 291 allow evidence to be received in the detainee’s or representative’s absence or without disclosure where disclosure may harm regional or public security, hearings in camera, and the detainee’s presence subject to that; the Area commander’s powers under the article may not be delegated (s.292); a military commander may cancel or reduce an order at any stage (s.293); the Area commander makes procedure regulations (s.294); and the powers may be used only where deemed necessary for imperative security reasons (s.295).
Sections 296-298, Restraining orders and special supervision (PDF p.45-46). A military commander may order a person to stay out of detailed areas, report his movements, limit his possession or use of detailed objects, and limit his employment, businesses, contacts and distribution of information or opinions; violation is an offense under this order (s.296). He may also place a person under special supervision: assigned residence in a detailed place, no leaving his city, village or district without written permission, notice of his dwelling, reporting on demand, and remaining behind his home’s doors at set hours; a soldier may arrest him and bring him to the required place, and a commander may hold him in detention in the Area or Israel until transfer (s.297). Both orders are appealable to an appeals committee appointed by the appeals president (single member possible, a judge of major rank or above), which may cancel, reduce or change the order, defer execution, deviate from the evidence rules for noted reasons, and accept undisclosed evidence on the security formula without detracting from section 87; its decision’s execution may be deferred up to 48 hours excluding Saturdays and holidays, and an assigned-residence order sustained on appeal is reviewed every six months regardless of a further appeal (ss.296(C)-(J), 297(E)-(M)). Hearings under the chapter are in camera unless the committee directs otherwise (s.298).
Sections 299-315, Deportation of infiltrators (PDF p.46-48). An “infiltrator” is a person who enters the Area unlawfully after the defining date or stays without a legal permit; “armed” includes an instrument or material capable of killing or causing severe injury or dangerous damage (s.299). Infiltration carries seven years, three if the infiltrator proves his entry was lawful, and twenty if armed or accompanied or supported by an armed person (s.300). A military commander may order deportation in writing regardless of a charge, the order warranting custody until deportation and counting as a Chapter C arrest warrant including for execution in Israel under section 265(A); the infiltrator must first be heard before an IDF or police officer, must be told his rights in a language he understands, is released from any other detention for the deportation, and may not be deported until 72 hours after written giving of the order unless he agrees — or, if he recently entered, before 72 hours from the suspicion arose, provided he is deported to the state or area he came from (s.301). Execution costs including detention, capped at 7,500 New Shekel, may be imposed on and forfeited from the infiltrator (s.302). Bail release is barred where deportation is delayed by his non-cooperation or release could endanger security, public safety or health (s.303). Presence in the Area without a certificate or permit, without reasonable justification, raises a presumption that the person is an infiltrator (s.304). A review committee of judges of major rank or above, appointed by the Commander of IDF Forces in the Area and sitting singly or in threes, must see a person in custody within eight days of the order (four if under 18); it may sustain, cancel (if the person is not an infiltrator), release conditionally, release on bail at a defined period’s end, change bail conditions, and refund costs, with release barred on the non-cooperation and danger grounds; review recurs at sixty days (thirty if under 18), either side may seek review on new facts or changed circumstances, the sections 296(F)-(G) evidence rules apply, the committee must have the commander’s view before cancelling or releasing, its execution may be deferred 72 hours excluding Saturdays and holidays, and the commander retains power to cancel a deportation order at any stage (ss.305-315). This ends Chapter I.
Sections 316-324, Chapter J: movement, curfew, closed zones, places, signs and identity cards (PDF p.49-50). A military commander (or his authorized person) may regulate roads, lanes and movement of persons and vehicles, and demand a vehicle be used to transfer goods; any soldier may demand residents remove road barriers; violation is an offense (s.316). Curfew: remaining outside the home in a noted area at noted hours without a written permit is an offense (s.317). A commander may declare a closed zone with no entry, no leaving, no entry or staying, or no entry or leaving, with permit exemptions; violators of an entry bar may be removed (permanent residents excepted) and of a leaving bar arrested and returned, and violation is an offense (s.318). A commander may order a business, educational institution or other public place closed in a general or organized closure to open for essential services, or order a place closed for sound government, public order and Area and IDF security; violation is an offense (s.319). A soldier may order removal of a “symbol” (signpost, flag, sign, color, inscription, slogan) from property, and a holder must remove a symbol that may influence public opinion in a manner which may harm security, safety or public order, with a no-knowledge defense (s.320). Marking and painting orders, and defacing official signs, carry liability (s.321). Identifying information must be given to a soldier or General Security Services member on request (s.322). A resident man of 16 or above shall carry an identification card, as shall entrants from Israel and held-area residents on their own terms (s.323). A soldier may temporarily seize an identification card to ensure a directive under sections 316(B) or 320 or an appearance under section 225, giving a substitute document valid 96 hours (s.324).
Sections 325-332, Security measures and construction (PDF p.50-52). A military commander may order “security measures” he deems necessary — against a person, land or chattels, across the Area or against particular persons — compelling owners or any person to execute or allow operations, to hold and use measures, and barring use of land, chattels or movement except with measures installed; his written appointee may enter land or chattels (as far as possible coordinated, 8 AM to 8 PM) and use reasonable force; the commander determines who bears the expenses; disobedience, negligent fulfillment, damage to measures or obstruction carries six months (ss.325-330). No building may be constructed on land where a building was confiscated and demolished, and no sealing removed from a building sealed under Regulation 119 of the Defense (Emergency) Regulations, 1945, except by the Area commander’s approval; contravention carries two years and the commander may order demolition of the rebuilt or unsealed building (s.331). A commander may prohibit or stop construction or condition it for Area security or public order; licenses for the land then require his approval and prior licenses are suspended, construction in contravention may be destroyed, dismantled or removed, and violation carries two years, with one year for planning-institution members and employees who knowingly grant or facilitate a permit in violation (s.332). This ends Chapter J.
Sections 333-335, Chapter K: general punishment, transition, indirect amendments (PDF p.53-55). A person who violates this order or fails a directive or obligation in the security legislation is sentenced to five years imprisonment if no other punishment is explicitly stipulated (s.333). Transition provisions: section 334(A) provides that section 175(E) shall not apply to a person whose payment date for “a fee imposed upon him under Section 165” — “fee” as printed, the fine reading noted in the reading notes — is prior to 17 Adar 5767 (March 7, 2007), and that the section applies to him instead with two changes (“three years” in subsection (A) replaced by “two years”, and subsection (C) replaced by a sentence that imprisonment for non-payment shall be served after any prison sentence he is required to serve); transition provisions then treat warrants and proceedings under Order No. 1591 (2007) as under Article B of Chapter I, apply Article C of Chapter I to persons in custody under pre-amendment deportation orders (to be brought before a committee “under Section 274(A)” as printed, within 14 days), and apply sections 331-332 to buildings confiscated and demolished or sealed before 20 April 1972 or after (s.334). Section 335 amends some thirty other orders, overwhelmingly substituting references to Orders No. 378, 52, 121 and 17 with this Order or its sections; in substance it adds Order No. 130 sections 8(B1) (a commander’s security legislation takes precedence over a delegate’s) and 17(C) (the Area commander may grant a military commander’s powers in writing), adds Order No. 29 section 2(E) (separate holding of a juvenile or young adult as defined in this Order, unless a military commander instructs otherwise), and revokes sections 7 and 7A of Order No. 101 (1967) and section 4(C)-(D) of Order No. 254. This ends the Order’s sections.
Addendum (PDF p.56). Headed “Addendum”, the list gives two items: (1) sections 90(A) (with an in-camera proviso), 90(B), 209, 210, 212, 213, 215, 218, 220, 221, 223, 230, 231, 233, 234, 235 and 236 (each with a proviso on suspicion of intent to harm the security of the Area or public order), 237, 238, 239, 240, 241, 244, 245, 248, 253, 254(A), 257, 261 and 300, cited in the list itself as sections “of the Order regarding Security Directives (Judea and Samaria) (No. 378), 5730-1970”; and (2) Regulations 58, 62, 64, 66, 84, 85, 136, 138, 139, 140, 141 and 143A of the Defence (Emergency) Regulations, 1945. The list does not state its own function on the page; the Order’s body speaks of an “Appendix” for sections 52(D), 55 and 58-59, and the contents list names an “Addendum” (see Open questions).
Amendments No.1, 2 (PDF p.57-58). Amendment No.1, Order No. 1656 (5 February 2010, Colonel Eli Bar-On): a substitution in section 42 stated by numbered subsections the lettered text of section 42 does not show, section 59(B)‘s cross-reference changed from “according to Subsection (B)” to “according to Subsection (A)”, and an insertion in section 184(B) after an anchor phrase that does not match section 184(B) as printed in the consolidated text; in effect on signing. Amendment No.2, Order No. 1658 (signed 28 April 2010, Major General Avi Mizrachi): in section 157, paragraph (2)‘s wording is changed from “revealed” to “presented” with a closing passage deleted (phrases the consolidated paragraph does not print verbatim), and a fifth retrial ground is added after paragraph (4): a real concern that the conviction caused a miscarriage of justice; in effect on signing. Neither amendment touches the time-limited provisions in sections 10(H), 52(H) or 135.

Key passages

“I hereby declare that this order shall take effect on May 2, 2010” (establishment page, PDF p.1)
“A person shall not be detained beyond the reasonable time required” (section 26(A), PDF p.7)
“A person charged with an offense under the security legislation bears the burden of proof that his matter is exempt, permitted or justified, or that he possessed a license, permit, approval or authorization” (section 208, PDF p.32)
“A person who violates the provisions of this order, or does not fulfill a directive or obligation stipulated in the security legislation, shall be sentenced to five years imprisonment, if no other punishment is explicitly stipulated for that offense” (section 333, PDF p.53)
“There is a real concern that the conviction caused a miscarriage of justice” (Amendment No.2, new section 157(5), PDF p.57)

Evidence the work relies on

A military order, not an evidentiary work. It incorporates by reference, among others, the Order regarding the Collection of Proclamations (No. 111), the Order regarding Operation of a Detention Facility (No. 29), the Order regarding Identity Cards and Population Registry (No. 297), the Order Concerning the Local Courts (No. 412), the Order regarding Raising of Fines Stipulated in Security Legislation (No. 845), the Jordanian Criminal Code No. 16 as amended by Orders No. 1428 and 771, the Israel Bar Law 5721-1961, and the Regulations Regarding Compensation for Arrest or Imprisonment (Order regarding Security Provisions) (Judea and Samaria) 2007, none of which is reproduced in the parts read. Part 2 adds, among others, the Collection of Public Funds Law, No. 6 of 1952 (s.174), Regulations 84 and 119 of the Defense (Emergency) Regulations, 1945 (ss.251, 264), the Prisons Ordinance [New Version], 5732-1971 and the Military Adjudication Law, 5715-1955 (s.286), and the Regulations regarding Administrative Detention (Conditions of Detention in Administrative Detention) (Judea and Samaria), 5742-1981 (s.284), none reproduced in the part read. Part 3 adds the Entry to Israel Law, 5712-1952 (s.304), the Law for Planning Cities, Villages and Buildings, No. 79 of 1966 and Orders No. 418 and 997 (ss.331-332, with Regulation 119 again in s.331), the Order regarding Administrative Detentions (Temporary Order) (No. 1591), 5767-2007 (s.334), and the some thirty orders amended in section 335, none reproduced in the file.

Analysis

Within the part read, the Order’s structure gives the same authorities successive, cumulative holds on a person: warrantless arrest with a warrant to follow within 96 hours (s.31), an eight-day police warrant (s.32), an eight-day combat-arrest detention counted from arrival at the facility (s.33), remand in thirty-day increments to ninety days and then a further three months on an appeals judge’s order (ss.37-38), detention until the end of trial once indicted (s.43), and a two-year point at which continued detention without verdict must be justified to an appeals judge in six-month increments (s.44). Notice of arrest and access to counsel are separately deferrable, on different clocks and by different authorities (ss.54-59), and for Appendix suspects the attorney bar runs to 15 plus 15 days administratively and 30 plus 30 days judicially, lapsing on indictment (s.59(D)). Presence at one’s own remand hearing is the rule (s.51) with in-absentia exceptions keyed to investigation harm (s.52), and evidence itself may be kept from the court and the defense on the region commander’s certificate unless an appeals judge finds disclosure for justice takes precedence (s.87). The courts that apply this are military courts whose judges are IDF officers appointed by the Commander of IDF Forces in the Area, albeit on a Selection Committee’s choice and with stated tenure protections (ss.11-14).

Part 2 extends that structure in three directions. First, liability and offense definitions are drafted by group and by foreseeability: membership in a group one of whose members commits intentional killing, a section 222 public-order offense or a section 230 weapons offense carries the offense’s own highest penalty (ss.209(B), 222(C)-(D), 231), presence in a shared illegal objective carries a foreseeable offense committed by another (s.202), and the accused bears the burden of proving exemption, permission, justification or a permit (s.208) — the mirror image of section 234(B), under which a holder of military equipment must prove his reasonable explanation. Second, many Chapter G offenses are stated as “charged with an offense under this order” with no penalty in the section (among them ss.216, 218-219, 221, 224, 237’s prohibition, 244-245’s prohibitions, 247, 249, 252-253, 257 and 261), so the boundary of liability is wider on the face of the text than the penalties stated beside it; where penalties are stated they cluster at ten years for status-adjacent acts (assaulting or serving-process-adjacent conduct toward soldiers and public servants, informing failures, deposit and equipment offenses) and at life imprisonment for weapons, war-materiel commerce and infrastructure endangerment. Third, Chapter I sets two administrative-detention regimes side by side and then, in section 284, disapplies the first (96-hour review, three-month periodic review, non-delegable Area-commander powers) in favor of a temporary regime whose review clock is eight days, whose orders may be made by an empowered military commander rather than the Area Commander alone, and which is stated to last until a different directive issues — the temporary form is, on the face of this consolidated version, the operative one, and neither regime states a maximum cumulative period, the six-month order being renewable from time to time without a stated limit (ss.273(B), 285(B)). Part 3 completes the structure on three further axes. First, Chapter I moves from detention of a person to control of a person’s place and movement without detention: restraining orders and special supervision (ss.296-297) impose area exclusion, reporting, contact, employment and information limits and assigned residence, reviewed by a committee rather than a court, on secret evidence, with assigned residence alone carrying a six-month periodic review; and the deportation article (ss.299-315) reverses the ordinary burden — presence without a permit presumes infiltrator status (s.304), lawful entry is the infiltrator’s to prove for the lesser sentence (s.300(B)), and the cost of his own deportation, to 7,500 New Shekel, may be taken from his money (s.302). Second, Chapter J generalizes the commander’s administrative reach over daily life in the Area — roads, curfew, closed zones, opening and closing of businesses and schools, symbols on property, identity cards, compelled security measures at owner-borne expense, and construction, where a Regulation 119 demolition or sealing freezes the land it stood on: rebuilding is itself an offense and licenses elsewhere may be suspended by a commander’s order (ss.316-332). Third, section 333 closes the penalty gap left open through Chapter G: a violation with no stipulated punishment carries five years, so the many Chapter G sections that state only that the actor shall be charged with an offense under this order are, within this file, punishable at five years. Against that closure, the file’s own apparatus remains unsettled at its edges: the Addendum cites Order No. 378’s sections rather than this Order’s, and both 2010 amendments amend their target sections in language those sections, as consolidated here, do not print — the consolidated version and its amendments do not fully mesh on the face of the file (see Open questions).

People, organizations, places and events

order-regarding-security-provisions, Military Courts (Judea and Samaria), Israel Defense Forces, West Bank, Area A, Palestinian Council, British Emergency Regulations

Concepts

Administrative Detention, Closure system

How it relates to other sources

This Order is the instrument that Order Regarding Prohibition of Incitement and Hostile Propaganda Actions (Order No. 101, 1967) presupposes: Order No. 101 (1967) gives every term defined in the Order Regarding Security Provisions that order’s meaning (its section 1) and preserves a soldier’s powers under it (its section 9). The 1970 predecessor consolidated here, Order No. 378, is one of the twenty orders the establishment page lists as replaced. Its section 39 and section 41 route from criminal remand into consideration of an administrative detention order by a military commander, connecting the criminal process to the substantive mechanism in Chapter I (sections 271-315): six-month orders renewable without a stated cumulative limit, which matches the renewable six-month terms other sources record for the practice on Administrative Detention, while the review clocks stated here (96 hours in the disapplied first regime, eight days in the temporary regime) and the secret-evidence procedure in section 277(C) give the instrument behind that practice. The same chapter’s restraining-order, special-supervision and deportation articles extend that administrative track from detention to assigned residence and expulsion. Section 335(C) also changes Order No. 101’s own text as ingested: sections 7 and 7A of Order No. 101 are revoked by this Order, while section 251 of this Order carries an incitement offense of its own (see above). Section 251’s incitement offense overlaps Order No. 101’s subject matter: where Order No. 101 (as ingested) prohibits incitement and hostile propaganda in its own terms, section 251 punishes attempts to influence public opinion in a manner that may harm public peace or public order, and expressions of identification with a hostile organization, at ten years, and takes its “unlawful association” limb from Regulation 84 of the Defence (Emergency) Regulations, 1945, as Order No. 101’s section 7A also does. Sections 251 and 264 also place this Order on British Emergency Regulations: Regulation 119 powers (confiscation and destruction) are expressly extended by section 264 to acts committed outside the Area. No conflict with an ingested source is recorded from parts 1-2; the conflicts inside the file itself are in Open questions.

Open questions

The file’s contents (PDF p.1) name Chapter H “Legal aid” (sections 263-270), and the chapter as printed on PDF p.41 under that heading contains no legal-aid provision: its sections 263-270 concern investigation of cause of death, Regulation 119 confiscation and destruction, execution of arrest and imprisonment across the Area, Israel and held areas, Israeli court orders for minors, and transfer to the Palestinian Council. Section 58 (PDF p.11) separately speaks of a detainee “arrested under the provisions of Chapter H” as a class of Appendix suspect. The heading, the chapter’s content and the section 58 cross-reference are all kept as printed and are not reconciled in the file.
The sections in parts 1-2 refer both to an “Appendix” (sections 52(D), 55, 58-59, and the “Second Appendix” in section 83 and in section 52(D) as printed) and, in the contents, to an “Addendum”. The Addendum as printed on PDF p.56 lists offense sections and Defence (Emergency) Regulations, but cites the offense sections as sections of Order No. 378, 5730-1970, not of this Order, and does not state its own function. Whether it is the Appendix sections 52(D), 55 and 58-59 refer to, and whether its numbers are to be read as this Order’s identically numbered sections by substitution, is not settled in the file; its list includes a section 223, the number missing from this Order’s sequence where the interfering section is printed “123”. All are kept as printed.
Section 1’s “public servant” definition prints the Local Councils order year as “574-1981” (as printed), against the four-digit Hebrew years used throughout the file.
Section 23 prints “a person who is can provide information” (as printed), section 52(D) prints “second appendix” where the offenses for in-absentia extension are listed, and section 56(E) prints “a an offense” (as printed, byte-checked in the text copy and confirmed in the original at PDF p.11). All are kept as printed.
Section 135 states the commencement and one-year life of “this article” without naming it on PDF p.21. It sits after section 134 and before section 136, under no article heading, and nothing on PDF p.21-22 settles which article it governs; the question is left open, to be checked when the chapter’s article headings are reached in later parts.
Age schemes multiply in the parts read and the file does not reconcile them: section 1’s child (under 12), juvenile (12 to under 14) and young adult (14 to under 16); the minor of the juvenile-court provisions (under 16, section 136); the “minor” of section 181 (12 to under 18); the under-eighteen thresholds for the death penalty (section 165(B)), parental fine and guarantee liability (sections 176-177) and the section 213(E) kidnapping grade (under 16); and criminal liability’s bar for a child (section 191). Each is kept with its section.
The section on interfering in IDF matters is printed “123” in sequence between sections 222 and 224 (PDF p.34, confirmed in the original). It is cited in these pages by its subject and sequence position; whether “223” was intended is not resolved from this file.
Section 196(D) provides that where a drunkenness defense falls under subsection (C)(2) (drunkenness-induced insanity as defined in section 195), “the provisions of Section 194 shall apply” (as printed). Section 194 is the assumption of lucidity and section 195 is insanity; the cross-reference is kept as printed.
Section 267(D) ends, as printed, “A resident of the Area sentenced to imprisonment by an empowered may be held in a detention facility”, naming no court or instance after “an empowered” and stating no further consequence; the sentence is kept as printed.
Section 270(E)(1) applies “Article K of Chapter E” to a transferred prisoner released early; sections 185(B) and 186 likewise refer to an “Article J of this chapter”, and section 271 makes the first administrative-detention article’s effect conditional on “Article V of this chapter”, while section 284(A) identifies the first administrative-detention regime as “Article A of this Chapter”. No article headings are printed in the text copy (or, at PDF p.43, in the original) before sections 271 or 284. Part 3 adds two identifications from section 334: the temporary detention regime is “Article B of Chapter I” (s.334(B)) and the deportation article is “Article C of Chapter I” (s.334(C)); no provision in the file identifies an “Article V”, and Chapter E’s lettering remains unsettled in the file.
Part 2 slips as printed, each byte-checked in the text copy: “s person” in section 213(E); “is uses violence” in section 215(B); “a an offense” in sections 216, 240(E), 258(D) and 261; “has serves” in section 175(E); “n additional offense” in section 186(I); “he shall be” and “shall be punished” split across a line in section 255(B)(1); “that it its true” in section 260(E), whose “Testimony” definition also ends without completing its sentence as printed; “Section 1(A)(4) 1(A)4” in section 181(B); “arrest warrant or an arrest warrant” in sections 265(A), 267(A) and 270(A); section 258’s subsection “(H” printed “H)”; section 259’s definitions subsection printed without its “(A)” label; and sections 266 and 267 printed without the period after the section number. All are kept as printed.
A number of Chapter G sections state a prohibition or that the actor “shall be charged with an offense under this order” without stating a penalty in the section (among them sections 216, 218, 219, 221, 224, 226, 237, 244, 245, 247, 249, 252, 253, 257 and 261). Section 333 (PDF p.53) supplies a general penalty within this Order itself: five years imprisonment for a violation of this order or of a security-legislation directive or obligation where no other punishment is explicitly stipulated. The same form in Chapters I and J (sections 296(B), 297(D), 316(C), 317, 318(F), 319(C), 320(D) and 321(B)) is likewise covered on the face of section 333; sections 322 and 323 state duties with no offense clause at all, and whether section 333 reaches a bare failure to fulfill an obligation stated there is not further specified in the file.
Time-limited provisions in the parts read carry dates now internal to the file: section 10(H) (Area A vehicle offenses) in effect until 23.09.2010, section 52(H) (in-absentia subsections (D)-(E)) until 29.12.2010, and the article referred to in section 135 in effect from 29.09.2009 for one year (which article it governs is open, above). Amendments No.1, 2 in the file (PDF p.57-58) do not mention or extend any of them.
Part 3 cross-references kept as printed: section 334(A) gives transition terms for section 175(E) fines by reference to “a fee imposed upon him under Section 165”, where section 165 as read is the death-penalty section and section 175 concerns fines; section 334(C) directs pre-amendment deportation detainees to a committee “under Section 274(A)”, where section 274 as read is execution of an administrative-detention order and states no subsection (A) committee, the deportation committee being sections 305-308; section 301(A) calls the deportation order an arrest warrant under “Article C of Chapter C”, where Chapter C’s articles are not lettered in the file. Section 299 defines an infiltrator by entry “after the defining date” without giving that date anywhere in Chapter I as printed.
The 2010 amendments do not mesh with the consolidated text they amend, on the face of the file: Amendment No.1 (Order No. 1656) amends section 42 by numbered subsections (8) and (9) where section 42 as printed is lettered (A)-(I), and amends section 184(B) by an insertion after the words “military (hereinafter: at this sign)”, a phrase section 184(B) as printed does not contain; Amendment No.2 (Order No. 1658) replaces in section 157(2) the words “new facts or new evidence were revealed” and deletes a passage beginning “and during his trial investigation”, neither of which section 157(2) as printed contains. Each amendment is recorded as printed, and the consolidated sections are not rewritten to fit them.
Part 3 slips as printed, each byte-checked in the text copy: “holing” for holding and “((provided” in the Addendum (PDF p.56, also confirmed in the original); “a an offense” in section 321(B); “shall by executed” in section 327(A); “one years imprisonment” and “subsections (3) and (D)” for (C) and (D) in section 332(F)(3); “on an are of land” in section 334(D); “319 .” with a space before the period in section 319 and sections 331 and 332 printed without a period after the number; a lowercase “(d)” in section 313; the unlettered Order No. 180, Order No. 432 and Order No. 1263 passages inside section 335’s lettered sequence (Order No. 351’s passage is lettered (K)); Order No. 254’s year printed “5728-968” in section 335(D); and Order No. 973 printed with no year, “(No. 973), –”, in section 335(S). All are kept as printed.
Section 113’s subsection lettering as printed in the text copy places the operative expenses grant and the hearing requirement around references to subsections (A) and (C); the summary follows the substance, and the lettering is not resolved from this file.

Coverage

PDF p.1-58 of 58, read in full (parts 1-3 of 3).

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