96:
to what evidence could be admitted, and no right of appeal. Police and military officers were given authority, on the basis of a suspicion of a violation of a
Regulation, to search any place or person and seize any object. Indefinite detention without trial could be imposed by the High Commissioner or a military commander, and any person could be deported even if they were native-born. Extensive powers of censorship, suspension of civil courts, expropriation of property, closure of businesses, and imposition of curfews were also granted.
123:
On 12 May 1948, two days before
British rule in Palestine was to come to an end, the British King signed the Palestine (Revocations) Order in Council, 1948, to come into operation on 14 May. The Order revoked a sequence of Orders in Council that included the Order under which the Defence (Emergency)
184:
which had been occupied issued orders to the effect that existing domestic law in those places would be continued, and that they included the
Defence (Emergency) Regulations, arguing that they were not revoked during the Jordanian or Egyptian administration of those areas and therefore continued to
95:
A major part of the
Regulations concerned military courts, which could be established by the chief military commander as he deemed necessary. Such courts could try any person for offences committed under the Regulations. Trials would be conducted summarily by three military officers, with no limits
168:
Attempts to repeal or partly repeal the
Regulations in 1951 and 1966 were unfruitful. In 1951 the Knesset directed the Constitution, Law, and Justice Committee to draft a bill for their repeal; however, this was not enacted, as the military government was still in force. After the cancellation of
79:
to enact such regulations "as appear to him in his unfettered discretion to be necessary or expedient for securing public safety, the defence of
Palestine, the maintenance of public order and the suppression of mutiny, rebellion, and riot and for maintaining supplies and services essential to the
144:
known as the "Law and
Administration Ordinance of 1948". The existing laws were adopted "with such modifications as may result from establishment of the State or its authorities." As such, regulations involving immigration were excluded, and Jews whose entry into Palestine had been illegal were
192:
There has been significant debate in Israel surrounding the
Defence Regulations. While most of the provisions incorporated into Israeli legislation have never been invoked by the executive branch, a few have been and continue to be repeatedly invoked, "precipitating public and legal debates
124:
Regulations were issued. The
British government considered that the Regulations were thereby abolished, but the Israeli government disagreed on the grounds that the Palestine (Revocations) Order was not printed in the Palestine Gazette (which had by then ceased publication).
208:
The provisions of the
Regulations most frequently applied in the occupied territories are those dealing with censorship, address restriction, detention, and deportation, and closure of areas. The context in which they have been invoked is inextricably linked to the
80:
life of the community." In 1945, such regulations as had been introduced, and many others, were declared as the "Defence (Emergency) Regulations, 1945". They consisted of 147 regulations occupying forty-one pages of the Palestine Gazette. Professor
148:
Initially a few judges refused to apply the Regulations, but the Supreme Court accepted them as part of Israeli law. The Regulations were used against Jews a few times in the early state, for example in order to abolish the underground group
213:
and has had an impact upon relations between Jews and Arabs in Israel. These provisions of the Regulations are generally invoked much less frequently within Israel itself today than was the case in the past.
107:, who later became the Israeli Minister of Justice, said that the Regulations "deprived of the elementary protection which the laws of any civilized country afford its inhabitants", while
397:
24:
in 1945, The British repealed them before withdrawing from Palestine in 1948. Along with the entire body of Mandate legislation, they were incorporated into
217:
The provisions that apply to publishing houses and published materials allow for the summary closure of publications and restrictions on distribution. The
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retrospectively legalized, but the rest of the Regulations remain intact except where explicitly annulled or superseded by subsequent Israeli legislation.
99:
Although emergency regulation were first introduced in response to Arab rebellion, they were also used against Jewish militant organizations like the
730:
76:
663:
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and to fight illegal immigration of Jews. The Jewish population in Palestine vigorously protested the Regulations after they were first issued.
642:
310:
Baruch Bracha. "Restriction of personal freedom without due process of law according to the Defence (Emergency) Regulations, 1945".
258:
169:
military rule in 1966, a committee was established to draw up a plan to repeal the regulations, but its work was halted by the
68:
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can prevent the publication not only of sensitive security material, but anything that is deemed prejudicial to public order.
594:
185:
be in effect since 1945. This position was confirmed by the Israel Supreme Court. The regulations became the basis for the
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Following the passage of the Counterterrorism Act, 2016 by the Knesset, many of the regulations have been revoked.
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403:
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679:
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157:, but their primary use has been against Arabs. They were the basis of the military government imposed on
330:"Israel's Forty-Five Year Emergency: Are There Time Limits to Derogations from Human Rights Obligations?"
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The Defence (Emergency) Regulations along with most of the existing Mandatory law were incorporated into
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in 1948, except for provisions explicitly annulled. They remain in force today with many amendments.
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48:
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concerning the appropriate balance between security considerations and democratic premises." (See
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543:
344:
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Supplement No. 2 to The Palestine Gazette No. 1442 of 27 September 1945. Pages 1055–1095.
8:
21:
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facing widespread unrest and the threat of war, and effectively established a regime of
696:
52:
548:
B'Tselem – The Israeli Information Center for Human Rights in the Occupied Territories
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UK Government (1948). "The Palestine (Revocations) Order in Council, 1948, No. 1004".
657:
283:
141:
40:
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Law and Administration Ordinance, 1948, Section 11. Also cited by Bracha and Dowty.
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are an expansive set of regulations first promulgated by the British authorities in
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from 1950 to 1966. They are also a key part of the legal framework applied in the
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Foundations of Civil and Political Rights in Israel and the Occupied Territories
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714:
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The regulations as amended form an important part of the legal system in the
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to try civilians, prohibitions on the publication of books and newspapers,
677:
Yaacov Bar-Natan (Summer 1988). "Is Censorship in Israel Getting Worse?".
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575:. Rechtswissenschaftlichen Fakultät der Universität Wien. p. 311.
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writes that the Regulations reflected the preoccupations of a
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Regulations 13, 20, 21, 30. Also cited by Dowty and Bracha,
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in 1946 concluded that, "Palestine today is a police state."
100:
595:"The Limits of Israel's Democracy in the Shadow of Security"
55:, the sealing off of territories and the imposition of
339:(2). Michigan Journal of International Law: 491–518.
461:Regulations 75–78. Also cited by Dowty and Bracha,
416:Palestine Gazette, March 1937, quoted by Bracha,
71:, the British King made the "Palestine (Defence)
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498:. Vol. 1, part 1. pp. 67–68.
259:Full text as amended to 2011 (English)
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77:British High Commissioner in Palestine
437:Regulation 12. Also cited by Bracha,
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113:Anglo-American Committee of Inquiry
39:. They permit the establishment of
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593:Abraham Ben-Zvi (December 2005).
544:"Defense (Emergency) Regulations"
399:The Jewish State: A Century Later
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231:Land and Property laws in Israel
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312:Israel Yearbook on Human Rights
247:Palestinian prisoners in Israel
18:Defence (Emergency) Regulations
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404:University of California Press
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242:Prevention of Infiltration Law
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140:'s first legislative act – a
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187:Israeli Military Governorate
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602:Taiwan Journal of Democracy
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608:(2): 1–23. Archived from
197:section below for more.)
180:military governor in the
138:Provisional State Council
75:, 1937", authorizing the
238:and freedom of the press
176:After the 1967 war, the
155:Bernadotte assassination
49:administrative detention
352:Cite journal requires
51:, extensive powers of
496:Statutory Instruments
211:Arab–Israeli conflict
30:state's establishment
726:Censorship in Israel
278:Avner Yaniv (1993).
134:Israeli domestic law
105:Bernard (Dov) Joseph
67:In the midst of the
571:Y. Schmidt (2001).
527:The Arabs in Israel
481:The Arabs in Israel
314:. pp. 296–323.
153:in the wake of the
119:Disputed revocation
22:Mandatory Palestine
111:, a member of the
53:search and seizure
41:military tribunals
529:. pp. 13–15.
483:. pp. 10–13.
142:reception statute
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635:ARTICLE 19
553:24 January
394:Alan Dowty
265:References
82:Alan Dowty
463:loc. cit.
451:loc. cit.
439:loc. cit.
418:loc. cit.
362:p=493,n.7
163:West Bank
37:West Bank
658:cite web
396:(1998).
328:(1994).
225:See also
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178:Israeli
165:today.
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613:(PDF)
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101:Irgun
664:link
650:2007
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