FAQ

Security and Criminal Law in Judea and Samaria

 

The Security Provisions Order of 1970, which comprises the "Criminal Code" of the Judea and Samaria region grants IDF soldiers the authority to delay and detain all persons suspected of committing an offence. This power may equally be utilized against both Palestinians and Israelis.

 

The military legislation also empowers members of the Israeli Police Force to delay and detain all persons suspected of committing an offence. In practice, where possible, preference is given to the Israeli police in carrying out arrest. This procedure requires every soldier to act immediately in order to prevent or halt the committing of crimes by Israelis, delaying or detaining suspects until the arrival of the civilian police, and according to need, securing the area.

 

The directives' main guidelines in the matters of delay and detention are as follows:


1) A soldier is authorized to detain all persons considered suspect in having committed or are in the process of committing offences, or possess pertinent information in relation to planned or committed offences or are likely to do so in the near future.

2) It is permitted to detain a person for up to 3 hours. A police or military officer holding the minimum rank of Colonel has the power to extend this detention to an additional 3 hours. With the exception of reasonable force being employed in order to conduct an arrest should a suspect resist; the use of force is prohibited in conducting the detention.

3) A soldier is authorized, whilst using reasonable force, to detain all persons that are suspected of committing an offence, when at the time, circumstances do not permit a satisfactory delay. The soldier is responsible to transfer the detainee at the first possible instance to a detention facility for investigation and the issuing of a remand order.

4) Generally the authority to issue a remand order is given to a police officer for a period up to 8 days from the time of arrest.

5) In extreme situations, where a person has been detained whilst the IDF was conducting operational missions in the war against terror, and the circumstances of the arrest raise suspicions that the person poses a threat to the security of the region, to IDF forces or to the Israeli public, an IDF officer of Captain rank (and higher) is authorized to issue a remand order against him for a period of 8 days after being granted permission by the Prosecutor of Judea and Samaria.

An army commander in Judea and Samaria is authorized to declare a specific area as a closed military zone on account of the need to protect public order and security. The legislative provision for this authority is to be found in article 90 of Decree of Security Provisions which states:

  • An army commander is authorized to declare in reference to any area that they are closed (hereafter closed area).
  • In a closed area as mentioned in subsection (a), an army commander is authorized to determine one of the following instructions applicable.
  • No entry or remain of stay shall be granted to a person in the closed area…"   


By virtue of this article, an army commander is authorized to instruct as requisite by security demands, the closure of a particular area and derivatively prohibit specific persons or groups from entering or remaining in it.
The use of these measures, based upon regional legislation and International law, is limited to critical security risk situations.
A closed area order may be directed against the general public, particular groups or specific individuals.

These are administrative injunctions (issued by the IDF military commander in Judea and Samaria) by virtue of security legislation and in accordance with his obligations and responsibilities to maintain security and keep regional public order. These injunctions limit the movement of those persons served in Judea and Samaria. The commander will only issue an injunction where there exists credible information, according to which the activities of the individual pose a serious danger to regional security and public order.

With regard to citizens who have been served with administrative limitation injunctions there are a number of means by which they may appeal against them. First, all citizens are entitled to deliver submissions to the IDF military commander in Judea and Samaria in relation to the limitation injunction. Second, all citizens who have been issued with a permanent injunction are legally entitled to submit an appeal to the appeals committee, presided over by the President of the military court of appeals for Judea and Samaria. Third, if the appeals committee rejects the claim, there is the possibility for the applicant to submit a petition to the High Court of Justice.

The issuing of an injunction may affect the manner in which the individual lives by imposing limitations. However it is important to emphasize that the court order is only written after clarification that it is a necessary, reasonable and proportionate means intended to prevent serious danger, foreseen in the citizen's activities. It is also important so note that the use of limitation injunctions against Israeli citizens in Judea and Samaria is done in a proportionate and cautious manner and only in the absence of other less intrusive measures that can obtain the same result.

The vital texture roads are an inseparable part of the Security Barrier project and are intended essentially to substitute other roads whose access was obstructed or disrupted following the construction of the Barrier. These roads are paved for the Palestinian population with the purpose of enabling them to speed the flow of traffic and the affected "vital texture", continuous movement as much as possible and comfortable connections between settlements and the regional cities in the area. The Supreme Courts' decision recognized the significance of the "vital texture" roads as an important and inseparable part of constructing the Security Barrier.

Civil and Economic Law in Judea and Samaria

The directive concerning transfer of goods -1252 (1988), as well as secondary legislation, states that goods at commercial quantities may only pass into the region at designated trade crossings. [click here for the relevant security legislation] However goods which originate or are destined for military bases or Israeli settlements are permitted to be transferred only at crossings designated for Israeli movement (excluding agricultural products).

 

The trade crossings are (correct for December 2008): Bik'a, Gilbo'a, Efrayim Gate,  Bitunya, Har Homa and Tarkumiya crossing.

 

Agricultural products at commercial quantities, regardless of origin and type, may only be transferred at the following crossings: Machabim, Shomron, Eliyahu, Bik'a, Bahurim, E-zaim, Derech ha Avot, Halamed Hey and Meytar.

According to the security legislation in Judea and Samaria, and in line with International law, entry of waste originating in Israel into Judea and Samaria requires inspection and the granting of a permit. The permit must be explicit, signed by The Staff Officer for Environmental Protection and is limited to a specific permissible amount.

A Palestinian resident of the region, who claims that he has been inflicted harm as a result of the activities of soldiers, bodies cooperating with the IDF or a civilian IDF employee and is pursuing damages on the basis of this injury is entitled to submit an action to The Staff Complaints Officer at The Civilian Administration. The officer examines the action, the evidence and the applicable mandatory compensation in each situation and will formulate his decision in the matter. His decision may be challenged before the Appeals Committee. Before submitting the action, it is necessary to give notice of damage in accordance with the determined regulations [click here for the relevant regulations].