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ISRAELI APARTHEID – A Basic Legal Perspective

 

by David A. Kirshbaum

© Israel Law Resource Center, February, 2007.

***

TABLE OF CONTENTS

 

 

I. INTRODUCTION

1. A TRAGIC IRONY

The European Zionist organizations which started the State of Israel had hoped that the new country they had started would be a special refuge for the Jewish people after suffering years of anti-Semitism, and then finally the unimaginable horrors of the holocaust.

They also hoped that their new country would be an example for the world of democracy and justice.

Thus they hoped for three main characteristics of their new country:

Unfortunately, things worked out as they had hoped (except for their country becoming an example of freedom and justice), but with negative results they had not anticipated. Many people believe this happened because the above characteristics of special privilege for one group and democracy are inherently contradictory by definition.

This conflict between democracy and the need for discriminatory practices is best illustrated by:

Thus this conflicted statute embodies the irresolvable conflict the State of Israel finds itself in. And many believe this is one reason the Knesset has not been able to develop a real Constitution or Bill of Rights. Instead, they have created a set of “Basic Laws” which are not able to be used to control the law-making activities of the Knesset, and a quasi-Bill of Rights that mention a few civil rights such as right to privacy, but still does not mention equal rights, as Israel’s declaration of independence does.

(For more information about the limits on the Basic Laws and the Israeli quasi-Bill of Rights, please see the article on limits on Israeli democracy in the essay section on the Israeli judiciary.)

In addition to the above insurmountable conflict between trying to maintain the State as a Jewish State while also maintaining it as a democracy, there is also the reality of the demographics wherein the population being suppressed in order to maintain rule by the minority Zionist Jewish population - is actually the majority in the region, and has higher birthrates as well. Thus below we have population statistics from both the CIA World Factbook and the United Nations Refugee Agency that show that even though the Zionist organizations and Israeli government have been able to forcibly create a majority of their own population within Israel and the occupied territories, the resulting Palestinian refugee population in the region still has the higher overall population, and has the higher birthrates.

CHART COMPARING 2006 DEMOGRAPHIC STATISTICS FOR PALESTINE & ISRAEL
Country
Total Population
Population Growth Rate
Ethnic Groups
GAZA
1,428,757
3.71%
  • Pal. Arab - 1,420,184 (99.4%)
  • Jewish - 8,573 (.6%)
WEST BANK
2,460,492
3.06%
  • Pal. Arab & others - 2,042,208 (83%)
  • Jewish - 418,284 (17%)
ISRAEL
5,968,117*
1.18%
  • Jewish - 4,780,462 (80.1%)
  • Non-Jewish (mostly Arab) - 1,187,655 (19.9%)
CHART COMPARING 2006 DEMOGRAPHIC STATISTICS FOR PALESTINIAN ARAB REFUGEES**
Country
Registered Refugees
Number of Camps
Registered Refugees in Camps
JORDAN
1,835,704
10
316,549
LEBANON
405,425
12
214,093
SYRIA
434,896
10
116,253
TOTAL REFUGEES
2,676,025
32
646,895

TOTAL POPULATION PER ETHNIC GROUPS FOR ISRAEL + OCCUPIED TERRITORIES
Palestinian Arabs - 4,650,047
Jews - 5,207,319

TOTAL POPULATION PER ETHNIC GROUPS FOR REGION (INCLUDING REFUGEES IN SURROUNDING COUNTRIES)
Palestinian Arabs - 5,296,942
Jews - 5,207,319

*The statistic on the CIA website for total population of the State of Israel is 6,352,117, but they state this includes 384,000 Israeli settlers who actually live in the occupied territories.

**It is probably not too far-fetched to assume that the Palestinian Arab population outside the occupied territories and Israel also have birthrates higher than the Jewish population.

There we have it - in order for it to accomplish its national goals of creating a Jewish State with a majority Jewish population to dominate its democracy, the Zionist organizations and the Israeli government have had to both oppress its native Palestinian Arab population and drive it out of its ancestral home-country - both crimes against humanity - grave violations of international law - legally and commonly known as apartheid and ethnic cleansing.

2. HISTORIC ORIGIN OF THIS TRAGIC IRONY

The European Zionist organizations that started the State of Israel had a combination of goals which unfortunately conflicted with each other:

Unfortunately, as pointed out above, this combination of goals was a formula for disaster, largely because when Goal #4 was true, Goal #1 would automatically make Goals #2 & #3 virtually impossible.

Study of the cultural and historic origins of the Zionist movement are instructive in explaining how such a thing could develop.

The Zionist movement originated in Europe in the mid to late 1800’s – a time which was characterized by four major cultural and political movements that both inspired and shaped the Zionist movement. The Zionist movement itself then went through 5 different stages of development, all of which combined to lead to the conflicts outlined above:

 

3. OUTLINE OF LEGALIZED DISCRIMINATION IN ISRAEL

In order to fulfill its goal to provide extraordinary assistance to thousands of immigrant Jews coming to live in Israel (many of whom were extremely impoverished and/or traumatized by their experience in the holocaust), the Israeli legislature (the Knesset) began passing laws that gave them special privileges in Israeli society above other peoples already living in Israel, which meant legalizing discrimination in their favor. This legalization of discrimination began immediately in 1948(Kretzmer, 1990; Jabareen, 1998).

In most democratic societies, such special assistance to needy families and individuals focused on one group only is done through non-government charitable organizations set up by other members of that same group who are doing alright. But in Israel, this was done by the government itself, who, in a democracy, is supposed to serve all citizens equally. This is why it qualifies as discrimination (no matter how well-intentioned), which is illegal according to international law (International Convention on the Elimination of All Forms of Racial Discrimination (1965), International Covenant on the Suppression and Punishment of the Crime of Apartheid (1976)).

This discrimination in Israel manifests in six categories:

One of the most illustrative ways to study discrimination is to study the actual laws of discrimination because this is the form that is actually finally accepted by the official law-making legislature of the country (in Israel – the Knesset), and then put into action.

If there is a significant difference between the laws and what is actually practiced in the country, then this is illustrative of what the leaders of the country think that they should appear to the world to be practicing, and also that they are aware that what they are actually practicing is considered wrong or illegal by the rest of the world.

In Israel the laws are pretty much what is actually practiced. Where there is a difference, the legal details that look bad or are illegal are hidden in regulations that are not found in the actual laws that are readily available to the public, but instead are either unpublished, or are difficult to find – for example they might only be found in the offices of the government agency that is supposed to implement them. This is especially true of many of the Israeli military orders in use in the occupation in the adjacent Palestinian territories(Shehadeh, 1985).

 

4. OFFICIAL U.N. LEGAL DEFINITION OF APARTHEID

Below is the official legal definition of apartheid. It is instructive to compare Israeli legalized discrimination to the official definition of apartheid.

INTERNATIONAL COVENANT ON THE SUPPRESSION AND PUNISHMENT OF THE CRIME OF APARTHEID (18 July 1976)
  • Article I
    • 1. The States Parties to the present Convention declare that apartheid is a crime against humanity and that inhuman acts resulting from the policies and practices of apartheid and similar policies and practices of racial segregation and discrimination, as defined in article II of the Convention, are crimes violating the principles of international law, in particular the purposes and principles of the Charter of the United Nations, and constituting a serious threat to international peace and security.
    • 2. The States Parties to the present Convention declare criminal those organizations, institutions and individuals committing the crime of apartheid.
  • Article II
    • For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:
      • a. Denial to a member or members of a racial group or groups of the right to life and liberty of person:
        • i. By murder of members of a racial group or groups;
        • ii. By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment;
        • iii. By arbitrary arrest and illegal imprisonment of the members of a racial group or groups;
      • b. Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;
      • c. Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;
      • d. Any measures, including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof;
      • e. Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour;
      • f. Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid."

In the following chapters we examine the above 6 categories of Israeli legalized discrimination in terms of the actual laws by which they are implemented, and then in Part III, we analyze them according to the official definition of apartheid to see if there is a legal fit.

 

 

II. ISRAELI LEGALIZED DISCRIMINATION

1. LAND LAWS – CONFINING ARAB CITIZENS TO SMALL AREAS OF ISRAEL - GHETTOES

The Zionist founders had made some important decisions regarding government and land in the State of Israel:

This last decision was made because the founders wanted to avoid land speculation for profit with land they considered both sacred and essential for settling the Jewish immigrants coming to the country for refuge from the anti-Semitism that they saw pervading the outside world.

Thus, the laws they developed for regulating the development of the lands of the State of Israel empowered the government to perform the following actions:

One excellent way to study these seven Israeli government actions is by studying the actual laws by which the Israeli government made them official, and a few other pertinent documents relevant to the point being made:

Thus, Palestinian Arabs all over the State of Israel lost their lands, and continue to lose the lands to the State, and then, because they are not legally allowed to lease State lands, they have become largely confined to smaller and smaller areas which are either in the cities or privately owned in the rural areas of the country (Kretzmer, 1990), which together total less than 5% of the State of Israel. But even though the recent court and AG rulings (of 2000 and 2005) forbids discriminatory leasing so that Palestinian Arabs could now theoretically lease Israel lands, the change of policy and law to criminalize and even reverse discrimination is slow, and they are still in the situation of having to lease lands that were once their own, and taken from them for questionable reasons.

The Palestinian communities then become victims of discrimination in the distribution of government programs such that the Arabs now live in the most impoverished areas of the State of Israel. Studies have documented discrimination in the distribution of such programs as anti-poverty development grants, grants for special education, grants for school safety and school truancy, and others. Thus, these areas would qualify as 'bhantulands' where the victim group is confined separate from the general population, as per point #5 in the official legal definition of apartheid:

Article II. For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:
  • d. Any measures, including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof;

Thus, confining a people to small areas of a country based on what religion they are is a form of racism, and those areas can be called ghettoes. Isn’t this what happened to Jews in World War II?

 

2. IMMIGRATION & CITIZENSHIP LAWS

Jewish people are given automatic citizenship in Israel.

But gaining Israeli citizenship by Arabs is much more difficult. In addition, it is a regular practice by the Minister of the Interior that their non-citizen Arab spouses are forbidden entry into the country. And this was codified into law in 2003 for Arab spouses that were residents of the occupied territories.

In addition, those Arabs who fled the area that became Israel during the 1948 war, and then fled the areas Israel occupied during the 1967 war, were then forbidden re-entry, and their property and possessions were taken by the government and often redistributed to Israelis who had just immigrated to the country.

Then, all Israelis are required to carry identification papers. But these papers list on them the nationality of origin of the person, which for the Israeli Arab Citizen would mean Palestinian citizenship. This then is used as a criteria for practicing discrimination against them by government employees in the provision of government services.

Efforts to correct this have been unsuccessful. The most telling effort was the effort by equal rights activists to have their nationality of origin listed as “Israeli”, but this was forbidden even for native born Israeli Jews, because the government realizes that this might then set a precedent which could be used by Israeli Arabs.

And now, spouses of Arab citizens, who reside in the occupied territories, are forbidden from joining their families in Israel, with the passage of the Nationality and Entry into Israel (Temporary Order) Law (2003). This violates international human rights laws which aims to protect the family.

-----------------------

Jewish people have guaranteed citizenship in the State of Israel as per the 1950 Law of Return.

RIGHT OF RETURN (1950)
Right of aliya. 1. Every Jew has the right to come to this country as an oleh.
Oleh's visa.
  • 2.
    • (a) Aliyah shall be by oleh's visa.
    • (b) An oleh's visa shall be granted to every Jew who has expressed his desire to settle in Israel, unless the Minister of Immigration is satisfied that the applicant
      • (1) is engaged in an activity directed against the Jewish people; or
      • (2) is likely to endanger public health or the security of the State.

In contrast, it is made much more difficult for an Arab to gain citizenship.

If an Arab had left the area of the State of Israel during the war of 1948, for whatever reason, the Knesset passed the Nationality Law of 1952 which cancels his rights to citizenship in the country that now rules over his home, and then subsequent regulations to the Entry into Israel (1952) and the Prevention Of Infiltration (Offences And Jurisdiction) Law (1954) forbids him returning to his home.

 
NATIONALITY LAW (1952)
Nationality by Residence in Israel.
  • 3.
    • (a) A person who, immediately before the establishment of the State, was a Palestinian citizen and who does not become a Israel national under section 2, shall become an Israel national with effect from the day of the establishment of the State if -
      • (1) he was registered on the 4th Adar, 5712 (1st March 1952) as an inhabitant under the Registration of Inhabitants Ordinance, 5709-1949; and
      • (2) he is an inhabitant of Israel on the day of the coming into force of this Law; and
      • (3) he was in Israel, or in an area which became Israel territory after the establishment of the State, from the day of the establishment of the State to the day of the coming into force of this Law, or entered Israel legally during that period.

 
ENTRY INTO ISRAEL (1952)
General provision. 1. The entry of a person, other than an Israel national or an oleh under the Law of the Return, 5710-1950, into Israel shall be by visa, and his residence in Israel shall be by permit of residence, under this Law.
Regulations.
  • 14. The Minister of the Interior may make regulations as to any matter relating to the implementation of this Law, including, inter alia, regulations as to the following:
    • (1) categories of persons who shall be disqualified for the receipt of a visa or permit of residence under this Law;

 
PREVENTION OF INFILTRATION (OFFENCES AND JURISDICTION) LAW, (1954)
Definitions.
  • 1. In this Law --
    • "infiltrator" means a person who has entered Israel knowingly and unlawfully and who at any time between the 16th Kislev, 3708 (29th November, 1947) and his entry was -
      • (1) a national or citizen of the Lebanon, Egypt, Syria, Saudi-Arabia, Trans-Jordan, Iraq or the Yemen ; or
      • (2) a resident or visitor in one of those countries or in any part of Palestine outside Israel ; or
      • (3) a Palestinian citizen or a Palestinian resident without nationality or citizenship or whose nationality or citizenship was doubtful and who, during the said period, left his ordinary place of residence in an area which has become a part of Israel for a place outside Israel.
Deportation.
  • 30.
    • (a) The Minister of Defence or a person authorised by him may order in writing the deportation of an infiltrator, whether or not he has been charged under this Law. The order shall be a legal warrant for holding the infiltrator in custody pending his deportation.
    • (b) Where a person has entered Israel without permission before the coming into force of this Law and may for this reason be ordered to be deported from Israel either under the Immigration Ordinance, 1941, or under the Entry into Israel Law, 5712-1952, the provisions of subsection (a) shall apply to him as if he had entered Israel before the coming into force of this Law.

In addition, his possessions and property were confiscated and redistributed to Israeli citizens, as per the Absentees’ Property Law of 1950. Eventually a small minority of Arab refugees were allowed to return, and/or were compensated for their losses.

 
ABSENTEES’ PROPERTY LAW (1950)
Interpretation.
  • 1. In this Law -
    • (a) "property" includes immovable arid movable property, moneys, a vested or contingent right in property, goodwill and any right in a body of persons or in its management;
    • (b) "absentee" means -
      • (1) a person who, at any time during the period between the 16th Kislev, 5708 (29th November, 1947) and the day on which a declaration is published, under section 9(d) of the Law and Administration Ordinance, 5708-1948, that the state of emergency declared by the Provisional Council of State on the 10th Iyar, 5708 (19th May, 1948)(2) has ceased to exist, was a legal owner of any property situated in the area of Israel or enjoyed or held it, whether by himself or through another, and who, at any time during the said period -
        • (i) was a national or citizen of the Lebanon, Egypt, Syria, SaudiArabia, Trans-Jordan, Iraq or the Yemen, or
        • (ii) was in one of these countries or in any part of Palestine outside the area of Israel, or
        • (iii) was a Palestinian citizen and left his ordinary place of residence in Palestine
          • (a) for a place outside Palestine before the 27th Av, 5708 (1st September, 1948); or
          • (b) for a place in Palestine held at the time by forces which sought to prevent the establishment of the State of Israel or which fought against it after its establishment;
      • (2) a body of persons which, at any time during the period specified in paragraph (1), was a legal owner of any property situated in the area of Israel or enjoyed or held such property, whether by itself or through another, and all the members, partners, shareholders, directors or managers of which are absentees within the meaning of paragraph (1), or the management of the business of which is otherwise decisively controlled by such absentees, or all the capital of which is in the hands of such absentees;
Custodian of Absentees' Property.
  • 2.
    • (a) The Minister of Finance shall appoint, by order published in Reshumot, a Custodianship Council for Absentees' Property, and shall designate one of its members to be the chairman of the Council. The chairman of the Council shall be called the Custodian.
    • (b) The Custodian may bring an action and institute any other legal proceeding against any person and be a plaintiff, defendant or otherwise a party in any legal proceeding.
    • (c) The Custodian is entitled to be represented in any legal proceeding by the Attorney-General or his representative.
Vesting of absentees' property in Custodian.
  • 4.
    • (a) Subject to the provisions of this Law -
      • (1) all absentees' property is hereby vested in the Custodian as from the day of publication of his appointment or the day on which it became absentees' property, whichever is the later date;
      • (2), every right an absentee had in any property shall pass automatically to the Custodian at the time of the vesting of the property; and the status of the Custodian shall be the same as was that of the owner of the property.

The government then passed laws and regulations requiring all inhabitants to first register in a national registry of inhabitants, and then to carry identification papers, both of which lists the person’s religion and nationality of origin (which included whether they were Palestinian Arab or not, or Jewish), such as the Emergency Regulations (Possession and Presentation of Identity Certificate) Ordinance of 1948, Registration of Inhabitants Ordinance (1949), Population Registry Law of 1965, and then the Identity Certificate (Possession and Presentation) Law of 1982. This procedure thus makes the Arab citizen vulnerable to discrimination – for example, this information has then been used by government employees to practice discrimination in the provision of government services. Legal efforts to change this to eliminate the opportunity for discrimination have been unsuccessful.

 
REGISTRATION OF INHABITANTS (1949)
Registration of Inhabitants. 2. A registration of inhabitants shall be introduced in the area of the Ordinance and shall be operated by registration offices.
Functions of registration offices.
  • 3. The functions of the registration offices shall be the following:
    • (a) to keep a Register of Inhabitants containing the particulars of registration enumerated in section 4;
    • (b) to issue, renew and enter changes in certificates of identity;
    • (c) to issue copies of and extracts from entries in the Register of Inhabitants and supply information as to the name and residential address of any inhabitant;
Particulars of registration.
  • 4. The particulars of registration shall be the following:
    • (a) surname, first name and names of parents and, where the names have been changed before the registration, the former names as well;
    • (b) date and place of birth;
    • (c) sex;
    • (d) family status (single, married, widowed or divorced);
    • (e) date of immigration and date of settling at place of residence;
    • (f) nationality, ethnic group, religion;
Certificate of identity. 7. An inhabitant who has attained the age of 16 years and who complies with the provisions of this Ordinance and the regulations made thereunder is entitled, after submitting an application and the number of photographs required from him, to obtain a certificate of identity from the registration office and to use it as a means of identifying himself.

The Registration of Inhabitants Ordinance (1949) was then updated in 1965 by the Population Registry Law (1965):

 
POPULATION REGISTRY LAW (1965)
Registry and particulars of registration.
  • 2.
    • (a) The following particulars relating to a resident, and any change therein, shall be entered in the Population Registry:
      • (1) Surname, first name and previous names;
      • (2) names of parents;
      • (3) date and place of birth;
      • (4) sex;
      • (5) ethnic group;
      • (6) religion;
      • (7) personal status (single, maried, divorced or widowed);
      • (8) name of spouse;
      • (9) names, dates of birth, and sex, of children;
      • (10) past and present nationality or nationalities;
      • (11) address;
      • (12) date of entry into Israel;
      • (13) date of becoming a resident, within the meaning of subsection 1 (a).
    • (b) When a resident is first registered an "identity number" shall be fixed for his registration.
Right to receive identity certificate. 24. A resident who is in Israel and who has completed his sixteenth year may receive an identity certificate. A resident who is in Israel and who has not completed his sixteenth year may receive an identity certificate with the consent of his representative, within the meaning of section 80 of the Capacity and Guardianship Law, 5722-1962, or with the approval of the Chief Registration Officer.
Contents of identity certificate. 25. An identity certificate shall contain the particulars of registration prescribed by the Minister of the Interior with the approval of the Constitution, Legislation and Juridical Committee of the Knesset. The names of the children shall be entered both in the identity certificate of their father and in the identity certificate of their mother. A photograph of the holder shall be attached to every certificate, except the certificate of a woman who declares that she refuses to be photographed for religious reasons. An identity certificate shall bear the signature or fingerprint of the holder.

Then in 1982, the requirement to carry an identification certificate was updated in the Identity Certificate (Possession and Presentation) Law(1982) with no significant changes to the subject of this essay.

Finally, in year 2003, the Israeli Knesset passed the Nationality and Entry into Israel (Temporary Order) Law (2003) codifying the ongoing policy of the Minister of the Interior forbidding Arab citizens of Israel from bringing into Israel their Arabic spouses if their spouses were residents of the occupied territories – an immigration regulation clearly based on a racist criteria directly reflecting the need of the State of Israel to practice Ethnic Cleansing in order to maintain the control of their “democracy” by their own ethnic minority of the region. The rationale expressed to the press is that this law keeps out Palestinian terrorists of course.

NATIONALITY AND ENTRY INTO ISRAEL (TEMPORARY ORDER) LAW, 5763-2003*

Definitions.
  • 1. In this Law –
    • “region” – each of these: Judea and Samaria and the Gaza Strip;
    • “Nationality Law” – Nationality Law, 5712  1952;(1)
    • “Entry into Israel Law” – Entry into Israel Law, 5712- 1952;(2)
    • “regional commander” – for Judea and Samaria, the commander of forces of the Israel Defense Forces in Judea and Samaria; for the Gaza Strip, the commander of forces of the Israel Defense Forces in the Gaza Strip or a person who shall be authorized by the Interior Minister with the consent of the Minister of Defense.
    • “resident of the region” – a person who is registered in the region's Population Registry and a person who lives in the region even if he is not registered in the region's Population Registry excluding a resident of an Israeli settlement in the region.

Restriction on nationality and residence in Israel.
  • 2. During the period in which this Law shall be in effect, notwithstanding the provisions of any law, including section 7 of the Nationality Law, the Minister of Interior shall not grant a resident of the region nationality pursuant to the Nationality Law and shall not give a resident of the region a permit to reside in Israeli pursuant to the Entry into Israel Law. The regional commander shall not give such resident a permit to stay in Israel pursuant to the defense legislation in the region.

Thus, a person who is a "resident of the region" (the occupied territories - West Bank or Gaza), whether they are registered or not with the Israelis, can now be excluded from receiving nationality (if they don't already have it) or being allowed to enter Israel.

Then in the 2005 amendment to this law, they clarified the exceptions to this law, but the basic power to discriminate is left intact. It is interesting to note the decision to exclude younger adults from the exceptions.

NATIONALITY AND ENTRY INTO ISRAEL (TEMPORARY ORDER) (AMENDMENT) LAW, 5765-2005*
  • 3. Permit for Spouses - Notwithstanding the provisions of Article 2, the Interior Minister may, at his discretion, approve an application of a resident of the region to receive a permit to stay in Israel from the regional commander -
    • (1) regarding a [male] resident of the region who is over thirty-five years old – in order to prevent his separation from his [female] spouse who is lawfully staying in Israel;
    • (2) regarding a [female] resident of the region who is over twenty-five years old – in order to prevent her separation from her [male] spouse who is lawfully staying in Israel;
  • 3A. Permit for Children - Notwithstanding the provisions of Article 2, the Interior Minister may, at his discretion -
    • (1) grant a resident of the region who is under fourteen years old a permit to reside in Israel in order to prevent his separation from a parent who has custody of him and who is lawfully staying in Israel;
    • (2) approve an application for a permit to stay in Israel to be granted by the regional commander to a resident of the region who is a minor and who is over fourteen years old, in order to prevent his separation from a parent who has custody of him and who is lawfully staying in Israel and provided that such a permit shall not be renewed if the minor does not live in Israel on a regular basis.
  • 3B. Additional Permits - Notwithstanding the provisions of Article 2, the regional commander may grant a permit to stay in Israel for a purpose as specified below:
    • (1) medical treatment;
    • (2) working in Israel;
    • (3) a temporary purpose, provided that the permit to stay for such a purpose shall not exceed the cumulative period of six months.
  • 3C. Special Permit - Notwithstanding the provisions of Article 2, the Interior Minister may grant citizenship or a permit to reside in Israel to a resident of the region, and the regional commander may grant a resident of the region a permit to stay in Israel if they are convinced that the said resident identifies with the State of Israel and its goals, and that the resident or his family member performed a meaningful act to advance the security, economy, or another matter of importance to the State, or that the granting of citizenship or the permit to reside in Israel or the permit to stay in Israel, as applicable, is of special interest to the State. In this paragraph, "family member" means spouse, parent, or child.
  • 3D. Security Restriction - A permit to stay in Israel shall not be granted to a resident of the region under Article 3, 3A(2), 3B(2) to (3) and 4(2) if the Interior Minister or the regional commander, as applicable, determines , based on an opinion of the security agencies, that the said resident or his family member is liable to constitute a security threat to the State of Israel. In this paragraph, "family member" means spouse, parent, child, brother, sister, or their spouses.

The translations of this law and its amendment come from, and extensive information on the fight against this law, can be found on the website of Adalah: The Legal Center for Arab Minority Rights in Israel (www.adalah.org).

3. MILITARY VETERANS BENEFITS DISCRIMINATION

It is a standard practice of all nations to reward their soldiers.

And it might be considered reasonable that a nation might want to keep out of its military those whom it fears might have mixed feelings about defending the country where they reside.

But it is considered to be a form of discrimination if that nation does not provide some other means of obtaining those same benefits, for example through participation in a public service program that might even help improve their own community.

Thus is the situation in Israel, where most Arab citizens are forbidden service in the Israeli military, and thus then are forbidden the wide range of benefits that are awarded to Israeli military veterans.

And no other type of service is offered, even on a voluntary basis, for Arabs to participate in, in order to gain those benefits.

The situation is aggravated by the fact that those benefits are then awarded to Israelis who attend the full-time Yeshivas – Jewish Religious Schools.

In addition to the benefits coming from the Israeli government, there are many private benefits awarded to military veterans throughout Israeli society, which are thus systematically denied to most Arab citizens of Israel.

Originally, Arab participation in the Israeli military was forbidden in the original law defining the Israeli Defense Forces, the Defense Army of Israel Ordinance, of 1948. But this was quickly canceled the next year in the Defense Service Law of 1949, which empowered the Israeli Minister of Defense to exclude from Military service entire classes of people.

DEFENSE ARMY OF ISRAEL ORDINANCE (1948)
Validation Article 5. Orders, declarations, regulations and any other directions concerning matters of the national service which were published by the Jewish Agency for Palestine, the General Council (Vaad Leumi) of the Jewish Community in Palestine, the People's Administration, the Provisional Government or any of their departments between the 16th Kislev, 5708 (29th November, 1947) and the date of publication of this Ordinance, shall remain in force so long as they have not been varied, amended or revoked.

In this 1949 ordinance, the Knesset empowered the Minister of Defense to exclude entire classes of people from military service, and exercise of this power does not have to be published in Reshumot (Official Gazette), and by extension anywhere else:

 
DEFENSE SERVICE LAW (1949)
Release from obligation and postponement of service.
  • 12. If the Minister of Defence considers that reasons connected with the size of the Regular Forces or the Reserve Forces of the Defence Army of Israel or with the requirements of education, settlement or the national economy, or family reasons, or other similar reasons, so require, he may by order direct --
    • (a) that a person of military age shall be released from the obligation of regular service or that the period of regular service of such a person shall be reduced;
Orders -- general provision.
  • 15.
    • (a) An order under section 12 may be either personal or to a particular class of persons. Any other order under this Law may be either general or to a particular class of persons.
    • (b) It shall not be necessary for an order under this Law to be published in Reshumot.
Revocation and saving.

The Knesset then passed a huge range of laws giving special benefits to Israeli military veterans in every area of life in Israel. Below is a small sample of those laws:

The benefits gained from the State laws range from special financial assistance (with mortgages, other loans, child exemptions from taxes, etc.), to housing. In addition there are all sorts of other benefits that come to veterans from the private sector.

The important point is that the Israeli Knesset and Supreme Court have successfully fought off any effort to gain for the Arab citizens of Israel equal access to similar benefits, even through a voluntary service program, even though they have been denied participation in the military without their consent.

 

4. SPECIAL GOVERNMENT POSITIONS FOR ZIONIST ORGANIZATIONS LEADS TO DISCRIMINATION IN GOVERNMENT SERVICES

The Israeli legislature (the Knesset) is ruled by the Pro-Zionist parties.

The Knesset has passed numbers of laws spelling out special relationships between the Israeli government and the major Zionist organizations. The most important of these laws is the World Zionist Organization – Jewish Agency (Status) Law of 1952.

In addition, the Legislature has repeatedly passed laws placing representatives of the major Zionist organizations in important positions throughout the Israeli government. Below are examples from laws defining government committees ruling over land development and management, and management of the agricultural industry.

And the Knesset has also awarded special funding to Jewish Institutions and events. See below for details.

-----------------------------------

First, below is the law delineating the special relationship between the Israeli government and the World Zionist Organization and the Jewish Agency, the two main Zionist organizations in Israel, which were instrumental in creating the State of Israel.

World Zionist Organization – Jewish Agency (Status) Law (1952)
1. The State of Israel regards itself as the creation of the entire Jewish people, and its gates are open, in accordance with its laws, to every Jew wishing to immigrate to it.
2. The World Zionist Organisation, from its foundation five decades ago, headed the movement and efforts of the Jewish people to realise the age-old vision of the return to its homeland and, with the assistance of other Jewish circles and bodies, carried the main responsibility for establishing the State of Israel.
3. The World Zionist Organisation, which is also the Jewish Agency, takes care as before of immigration and directs absorption and settlement projects in the State.
4. The State of Israel recognises the World Zionist Organisation as the authorised agency which will continue to operate in the State of Israel for the development and settlement of the country, the absorption of immigrants from the Diaspora and the coordination of the activities in Israel of Jewish institutions and organisations active in those fields.
5. The mission of gathering in the exiles, which is the central task of the State of Israel and the Zionist Movement in our days, requires constant efforts by the Jewish people in the Diaspora; the State of Israel, therefore, expects the cooperation of all Jews, as individuals and groups, in building up the State and assisting the immigration to it of the masses of the people, and regards the unity of all sections of Jewry as necessary for this purpose.
6. The State of Israel expects efforts on the part of the World Zionist Organisation for achieving this unity; if, to this end, the Zionist Organisation, with the consent of the Government and the approval of the Knesset, should decide to broaden its basis, the enlarged body will enjoy the status conferred upon the World Zionist Organisation in the State of Israel.
7. Details of the status of the World Zionist Organisation - whose representation is the Zionist Executive, also known as the Executive of the Jewish Agency - and the form of its cooperation with the Government shall be determined by a Covenant to be made in Israel between the Government and the Zionist Executive.
8. The Covenant shall be based on the declaration of the 23rd Zionist Congress in Jerusalem that the practical work of the World Zionist Organisation and its various bodies for the fulfilment of their historic tasks in Eretz-Israel requires full cooperation and coordination on its part with the State of Israel and its Government, in accordance with the laws of the State.
9. There shall be set up a committee for the coordination of the activities of the Government and Executive in the spheres in which the Executive will operate according to the Covenant; the tasks of the Committee shall be determined by the Covenant.
10. The Covenant and any variation or amendment thereof made with the consent of the two parties shall be published in Reshumot and shall come into force on the day of publication, unless they provide for an earlier or later day for this purpose.
11. The Executive is a juristic body and may enter into contracts, acquire, hold and relinquish property and be a party to any legal or other proceeding.
12. The Executive and its funds and other institutions shall be exempt from taxes and other compulsory Government charges, subject to such restrictions and conditions as may be laid down by the Covenant; the exemption shall come into force the coming into force of the Covenant.

Then the Knesset passed a law which gives special status to the Jewish National Fund in comparison to other non-government agencies, including status as a government agency when it comes to the acquisition of land:

 
KEREN KAYEMET LE-ISRAEL LAW (1953)
Inapplicability of certain sections of companies Ordinance. 5. Section 112 and the second and third paragraphs of section 121 (1) of the Companies Ordinance shall not apply to the new company.
Power under Land (Acquisition for Public Purposes) Ordinance, 1943. 6. For the purposes of section 22 of the Land (Acquisition for Public Purposes) Ordinance, 1943, the new company shall have the same status as a local authority.

The Legislature also passed laws placing representation for the World Zionist Organization or the Jewish Agency in the main government committees dealing with land development and management – some examples are the Planning and Building Law, article 2(a) (1965), the Galilee Law, article 3(b) (1988), and the Negev Law, amendment of 1988:

 
PLANNING AND BUILDING LAW (1965)
National Board
  • Article 2.
    • (a) There shall be established a National Board for Planning and Building (hereinafter referred to as "the National Board") to advise the Government as to everything relating to general policy in the implementation of this Law, including matters of legislation, and to carry out the other functions assigned to it by this Law and by any other law.
    • (b) The National Board shall consist of –
      • 11. a representative of the settlement institutions, appointed by the Minister of the Interior upon the recommendation of the Jewish Agency;

 
GALILEE LAW (1988)
The Council and its Members.
  • 3.
    • (a) There is hereby established the Galilee Council (hereinafter referred to as "the Council").
    • (b) The Council shall consist of twenty-six members, viz.-
      • fourteen representatives of the government;
      • one representative of the Nature Reserves Authority;
      • two representatives of the World Zionist Organization;
      • a representative of the General Federation of Labor in Eretz Yisrael;
      • a representative of the Manufacturers' Association;
      • five representatives of the public.

 
NEGEV (AMENDMENT) LAW, 5748-1988*
Amendment of section 4 4. In section 4(a) of the principal Law -
  • (3) Paragraph (6) shall be remarked (13) and shall be preceded by:
    • "(6) a representative of the Jewish Agency for the Land of Israel and the International Zionist Federation;
    • (7) a representative of the Jewish National Fund;
    • (8) a representative of the Protected Nature Reserves Authority;
    • (9) a representative of the worker's organization representing the largest number of workers in Israel;
    • (10) a representative of the Israeli Industrialists Association;
    • (11) a representative of the Negev Trade Bureau;
    • (12) a representative of the Negev Committee founded by the Negev Kibbutzim and Moshavim;"

The Legislature also passed laws placing representatives of major Zionist organizations in the various government committees managing the agricultural industry:

 
PEANUT PRODUCTION AND MARKETING BOARD LAW (1959)
Composition of Board. Article 5.
  • (a) The Ministers shall prescribe the number of the members of the Board, which shall not be less than twenty; the Board shall include representatives of the public, one representative of the World Zionist Organisation -- Jewish Agency (hereinafter referred to as "the Agency") and representatives of the Government.

 
VEGETABLE PRODUCTION AND MARKETING BOARD LAW (1959)
Composition of Board. Article 5.
  • (a) The Ministers shall prescribe the number of the members of the Board, which shall not be less than forty; the Board shalI include representatives of the Government, representatives of the World Zionist Organisation-Jewish Agency (hereinafter referred to as "the Agency") and representatives of the public.

 
EGG AND POULTRY BOARD (PRODUCTION AND MARKETING) LAW (1963)
Composition of Board. Article 5. The Ministers shall prescribe the number of the members of the Board, who shall not be fewer than forty and not more than fifty and who shall include representatives of the Government, representatives of the World Zionist Organisation-Jewish Agency for Eretz Israel (hereinafter referred to as "the Agency") and representatives of the public.

 
FRUIT PRODUCTION AND MARKETING BOARD LAW (1973)
Composition appointment and membership of Board. Article 4.
  • (c) The Minister may prescribe that one of the representatives of the public shall be a representative of the World Zionist Organisation-Jewish Agency for Eretz Israel.

Because of these special positions in government for Zionist organizations, Jewish development projects, community improvement projects, agricultural projects all get special attention from government programs.

No comparable opportunities  to influence Government decision-making is given to Arab groups.  This is unfair discrimination and leads to discrimination in distribution of government services.

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In addition, the government gives special funding to Jewish religious groups, events and traditions.  A few examples are (relevant articles are quoted below):

 
FLAG AND EMBLEM LAW (1949)
Interpretation. 1.
  • (a) "State flag" means the flag which the Provisional Council of State, on the 25th Tishri, 5709 (28th October, 1948), proclaimed as the flag of the State of Israel, or a flag, of any size whatsoever, similar in design to the said flag, and includes any object bearing the design of the State flag.
  • (b) "State emblem" means the emblem which the Provisional Council of State, on the 11th Shevat, 5709, (10th February, 1949) proclaimed as the emblem of the State of Israel.
Similar flags and emblems. 8.
  • (a) A flag so similar to the State flag that it might be mistaken for it, or an object bearing the design of such flag, shall, for the purposes of sections 2 and 6, be deemed to be a State flag.
  • (b) An emblem so similar to the State emblem that it might be mistaken for it shall, for the purposes of sections 3 and 6, be deemed to be the State emblem.

 
JEWISH RELIGIOUS SERVICES LAW (1971)
Powers of council. 7. A council is competent to deal with the provisions of religious services and for that purpose may enter into contracts, hold property on hire or lease and acquire immovable property, all in accordance with the items of its approved budget.
Preparation of budget. 8. Every council shall prepare a draft budget of religious services at such time and in such form as the Minister of Religious Affairs shall prescribe.
Approval of budget. 9.
  • (a) When a draft budget has been prepared as aforesaid, the council shall submit it for approval -
    • (1) if the locality whose inhabitants it provides with religious services is within the area of jurisdiction of a local authority, to the local authority ;
    • (2) in every other case, to the Minister of Religious Affairs.
  • (b) Where the council and the local authority disagree as to the draft budget submitted under section (a) (1), the Government shall determine the matter and, in accordance with its determination, approve the draft budget with or without variations.
Validity of budget. 10. When a draft budget has been approved as aforesaid, the draft shall become a valid and binding budget, and the council shall incur no expenditure whatsoever unless it is included in that budget.
Covering budgetary expenditure. 11.
  • (a) Expenditure under a budget approved in accordance section 9 (a) (1) or (2) shall be borne -
    • (1) by the Government to the extent of one third;
    • (2) by the local authority to the extent of two thirds.
  • (b) The Minister of Finance and the Minister of Religious Affairs may jointly increase the extent of participation prescribed in section 2 (a) (1) if, their opinion, special local conditions justify their doing so.
  • (c) Expenditure under a budget approved in accordance with section 9 (a) (2) shall be borne by the Government within the framework of the Budget Law from time to time obtaining in the State.

 
CHIEF RABBINATE OF ISRAEL LAW (1980)
Functions of Council. 2. The functions of the Council are -
  • (1) the giving of responsa and opinions on matters of halacha (religious law) to persons seeking its advice;
  • (2) activities aimed at bringing the public closer to the values of tora (religious learning) and mitzvot (religious duties);
  • (3) the issue of certificates of ritual fitness (kashrut) (hekhsher certificates);
  • (4) the conferment of eligibility to serve as a dayan (judge of a religious court) under the Dayanim Law, 5715-1955;
  • (5) the conferment of eligibility to serve as a town rabbi under town rabbis' elections regulations made in persuance of the Jewish Religious Services Law (Consolidated Version), 5731-1971;
  • (6) the conferment upon a rabbi of eligibility to serve as a rabbi and marriage registrar;
  • (7) any act required for the carrying out of its functions under any law.
Electoral Assembly. 6.
  • (a) The Electoral Assembly shall have 150 members, being 80 rabbis and 70 representatives of the public.
  • (b) The Electoral Assembly may act even if the number of its members has decreased, so long as it is not less than eighty.
Rabbis in Electoral Assembly. 7. The rabbis in the Electoral Assembly shall be -
  • (1) 30 town rabbis from the major towns;
  • (2) 14 town rabbis from the major local councils;
  • (3) two regional rabbis from the major regional councils; "regional rabbi" means a person appointed with the approval of the Minister of Religious Affairs to be a rabbi of a regional council;
  • (4) eight rabbis from the major moshavim (smallholders' settlements);
  • (5) the most veteran neighbourhood rabbi from each of the towns of Jerusalem, Tel Aviv-Jaffa, Haifa and Beersheba, and in the case of neighbourhood rabbis with equal length of service, the oldest of them; "neighbourhood rabbi" means a person appointed by the Religious Council, with the approval of the Minister of Religious Affairs, to be a neighbourhood rabbi;
  • (6) the ten most veteran dayanim, and in the case of dayanim with equal length of service, the oldest of them;
  • (7) the Chief Army Chaplain and his deputy, and if he has no deputy, the army chaplain with the highest military rank, and in the case of army chaplains of equal rank, the one with the greatest length of service in the Army Chaplaincy;
  • (8) ten rabbis appointed by the Minister of Religious Affairs with the approval of the Government.
Representatives of public in Electoral Assembly. 8. The representatives of the public in the Electoral Assembly shall be -
  • (1) the mayors of 25 major towns;
  • (2) the heads of six major local councils;
  • (3) the heads of four major regional councils;
  • (4) the heads of the religious councils of 14 major towns;
  • (5) the heads of the religious councils of four major local councils;
  • (6) two Ministers elected by the Government;
  • (7) five members of the Knesset elected by it or by one of its' committees empowered by it for this purpose;
  • (8) ten members of the public appointed by the Minister of Religious Affairs with the approval of the Government.

 
FOUNDATIONS OF LAW (1980)
Supplementary sources of law. 1. Where the court, faced with a legal question requiring decision, finds no answer to it in statute law or case-law or by analogy, it shall decide it in the light of the principles of freedom, justice, equity and peace of Israel's heritage.

 
FESTIVAL OF MATZOT (PROHIBITION OF LEAVEN) LAW (1986)
Prohibition of display of leaven 1. From noon on the 14th Nisan until twenty minutes after sunset on the 21st Nisan, the owner of a business shall not publicly display any leavened product for of sale or consumption. For this purpose, "leavened product" means -
  • (1) bread;
  • (2) rolls;
  • (3) pitta;
  • (4) any other leavened flour products.
Restriction on prohibition 2. The provisions of section 1 shall not apply -
  • (1) in the area of a locality in which most of the inhabitants or most of the members of the council of the local authority are not Jews;
  • (2) in those parts of the area of another locality in which most of the inhabitants are not Jews or most of the business establishments do not belong to Jews;
  • (3) in the area of a command settlement in which the business establishments are designed for the requirements of the inhabitants of the locality only.

 

5. INHUMANE SUPPRESSION OF REBELLION (up to 1966)

The Israeli government suppresses rebellion in Israel by inhibiting and violating many human rights.

The Basic Law: The Knesset (9th amendment)(1985) inhibits politicians from advocating equal rights, and the Amutot Law (1980) inhibits people from joining controversial organizations, and inhibits those organizations from supporting equal rights. But with the Defense (Emergency) Regulations of 1945, the Israeli government gravely violations many human rights.

In 1945, the British mandate government for Palestine installed the Defense (Emergency) Regulations of 1945, in order to squash the violence raging between the British, Zionists, and Palestinian Arabs. What distinguished those regulations were how they violated human rights by allowing such things as imprisonment without charges or trial, demolishing homes and businesses, deportation, and many other measures on both individual and collective scales, now considered illegal by international law. Even the Jewish Legal association severely criticized these regulations.

But almost immediately in 1948, when the State of Israel was established, the new Provisional Government adopted the Defense (Emergency) Regulations, and began using them in the Arab communities to suppress rebellion and enforce the law.

Of course these made things worse, aggravating the tensions between the Arabs and the Zionists even more. But finally, in 1966, they were retired, to only be reinstalled for use by the Israeli military in the occupied territories taken the next year in the 6-Day War.

Below are sample quotes from all 3 laws and regulations.

The 9th amendment to the Basic Law: The Knesset (1985) empowers the Knesset Elections Committee to bar politicians from running for membership in the Knesset if they advocate for 3 things - against Israel as a Jewish State, against Israel as a democratic state, and for racism. Unfortunately, advocating for equal rights has been interpreted as an example of advocating against Israel as a Jewish State because by definition a Jewish State would give special rights to the Jewish people. Thus this law inhibits the freedom of speech of politicians.

 
BASIC LAW: THE KNESSET (AMENDMENT NO. 9)
(passed by the Knesset on the 13th Av, 5745 (31st July, 1985))
Amendment of
section 7A.
1. In the Basic Law: The Knesset(1), the following section shall be inserted after section 7:
"Prevention of
participation
of
candidate's
list.
7A. A candidates' list shall not participate in elections to the Knesset if its objects or actions, expressly or by implication, include one of the following:
  • (1) negation of the existence of the State of Israel as the state of the Jewish people;
  • (2) negation of the democratic character of the State;
  • (3) incitement to racism.".

The Amutot Law (1980) establishes the regulations for establishing non-profit organizations. It includes articles which inhibit the freedom of association by requiring such organizations to make available to all its members its entire membership list with all contact info. This would inhibit many people from joining controversial non-profit organizations because then their membership and contact info would then be available to government agents as well, who might be posing as members.

 
AMUTOT LAW (1980)
Right to establish amuta. 1. Two or more persons who wish to incorporate as a body corporate for a lawful purpose not aimed at the distribution of profits to its members may establish an amuta (non-profit society). An amuta shall be constitued by registration in the Register of Amutot.
Restrictions as to registration of amuta. 3. An amuta shall not be registered if any of its objects negates the existence or democratic character of the State of Israel or if there are reasonable grounds for concluding that the amuta will be used as a cover for illegal activities.
Register of
members.
18. An amuta shall keep a register of members in which every member, his address and identity number and the dates of the commencement and termination of his membership shall be recorded.
Register of
board members.
29. An amuta shall keep a register of board members in which the name, address and identity number and the dates of commencement and termination of service of each member shall be recorded.
Inspection. 39.
  • (a) The register of members and the register of board members, the minutes of the general meetings and the financial reports submitted to the general meeting shall at any reasonable time be open for inspection by all the members of the amuta.

The Defense (Emergency) Regulations of 1945 include human rights violations such as:

Here are some sample quotes from the 1945 regulations:

PART VII -- UNLAWFUL ASSOCIATIONS
REGULATION 84: Meaning of expression "unlawful association"

84. In this part, the expression "unlawful association" means any body of persons, whether incorporated or unincorporated and by whatsoever name (if any) it may from time to time be known; which --

  • (a) by its constitution or propaganda or otherwise advocates, incites or encourages any of the following unlawful acts, that is to say --
    • (i) the overthrow by force or violence of the constitution of Palestine or the Government of Palestine;
    • (ii) the bringing into hatred or contempt of, or the exciting of disaffection against, His Majesty's Government in the United Kingdom or the Government of Palestine or the High Commissioner in his official capacity;
    • (iii) the destruction of or injury to property of His Majesty's Government in the United Kingdom or of the Government of Palestine;
    • (iv) acts of terrorism directed against servants of His Majesty's Government in the United Kingdom or against the High Commissioner or against servants of the Government of Palestine;
    or which has committed or has claimed to have been responsible for, or to have been concerned in, any such acts as are mentioned in sub-paragraph (ii), (iii) or (iv) of this paragraph; or
  • (b) is declared by the High Commissioner, by notification in the Gazette, to be an unlawful association.

PART VIII - CENSORSHIP
Regulation 94 - Newspaper Permits

94.

  • (1) No newspaper shall be printed or published unless the proprietor thereof shall have obtained a permit under the hand of the District Commissioner of the District in which the newspaper is being, or is to be, printed.
  • (2) The District Commissioner, in his discretion and without assigning any reason therefor, may grant or refuse any such permit and may attach conditions thereto and may at any time suspend or revoke any such permit or vary or delete any conditions attached to the permit or attach new conditions thereto.
  • (3) Any person who contravenes this regulation or the conditions of any permit thereunder and the proprietor and editor of the newspaper in relation to which the contravention occurs shall be guilty of an offence against these Regulations.

PART X - RESTRICTION ORDERS, POLICE SUPERVISION, DETENTION AND DEPORTATION

Regulation 110 - Police Supervision

110.

  • (1) A Military Commander may by order direct that any person shall be placed under police supervision for any period not exceeding one year.
  • (2) Any person placed under police supervision by order as aforesaid shall be subject to all or any of the following restrictions as the Military Commander may direct, that is to say --
    • (a) he shall be required to reside within the limits of any area in Palestine specified by the Military Commander in the order;
    • (b) he shall not be permitted to transfer his residence to any other area in the same police district without the written authority of the District Superintendent of Police, or to any other police district without the written authority of the Inspector General of Police;
    • (c) he shall not leave the town, village or Sub-District within which he resides without the written authority of the District Superintendent of Police;
    • (d) he shall at all times keep the District Superintendent of Police of the police district in which he resides notified of the house or the place in which he resides;
    • (e) he shall be liable, whenever called upon so to do by the officer in charge of the police in the area in which he resides, to present himself at the nearest police station;
    • (f) he shall remain within the doors of his residence from one hour after sunset until sunrise, and may be visited at his residence at any time by the police.
  • (3) Any person in respect of whom an order has been made under subregulations (1) and (2) may be arrested by any police officer or by any member of His Majesty's forces and conveyed to the area in which he should be.
  • (4) If any person against whom an order has been made as aforesaid contravenes the terms of the said order or of this regulation, he shall be guilty of an offence against these Regulations.

Regulation 111 - Detention

111.

  • (1) A Military Commander may by order direct that any person shall be detained for any period not exceeding one year in such place of detention as may be specified by the Military Commander in the order.
  • (2) Where an order is made under this regulation against a person in relation to whom an order under regulation 109 or 110 is in force, the order under this regulation shall be deemed to replace such other order.
  • (3) Any person in respect of whom an order has been made by the Military Commander under subregulation (1) may be arrested by any member of His Majesty's forces or of the Police Force and conveyed to the place of detention specified in such order.
  • (4) For the purposes of this regulation, there shall be one or more advisory committees consisting of persons appointed by the High Commissioner, and the chairman of any such committee shall be a person who holds or has held high judicial office or is or has been a senior officer of the Government. The functions of any such committee shall be to consider, and make recommendations to the Military Commander with respect to, any objections against any order under this regulation which are duly made to the committee by the person to whom the order relates.
  • (5) Any person in respect of whom an order has been made under this regulation who commits any of the offences specified in subregulation (7) hereof may be arrested by any police officer without warrant, and shall be liable upon conviction by a Magistrate's Court to imprisonment for six months or to a fine of one hundred pounds or to both such imprisonment and fine, or such person may be punished by the officer in charge of the place of detention with any of the punishments set out in Part I of the Sixth Schedule to the Prison Rules (Laws of Palestine, p. 2022), and
    • (a) if punished with a fine shall in addition to such fine be retained in a place of detention in accordance with the order issued under subregulation (1), or
    • (b) if sentenced to imprisonment for a term less than the unexpired period of his detention, shall on the completion of such term be again detained in accordance with the order issued under subregualtion (1).
  • (6) The Commissioner of Prisons may give orders or directions as to the internal management of and otherwise in connection with any place of detention specified in any order made under subregulation (1) and as to the discipline of all persons detained therein.
  • (7) Any person detained in a place of detention in accordance with the provisions of this regulation who commits any of the following acts shall be guilty of an offence against these Regulations and shall be punishable as provided in subregulation (5): --
    • (a) fails to obey or comply with any orders or directions given by the Commissioner of Prisons as to discipline or otherwise under subregulation (6), or with any order lawfully given under the authority of any such orders or directions;
    • (b) fails to obey any order given to him by the officer in charge of the place of detention: the officer in charge of the place of detention shall be the senior prison officer present in such place of detention at any given time;
    • (c) uses abusive or indecent language or is indecent in act or gesture;
    • (d) shouts or makes unnecessary noise within a place of detention;
    • (e) commits any nuisance within a place of detention;
    • (f) refuses or neglects to conform with any lawful order or direction which has been brought to his notice in any manner;
    • (g) threatens with violence any other detained person;
    • (h) treats with disrespect any officer or person employed in or in connection with a place of detention;
    • (i) has in his possession any article contrary to the orders or directions of the officer in charge of the place of his detention;
    • (j) makes any false accusation against any officer or person employed in a place of detention;
    • (k) strikes or uses violence against any officer or person employed in a place of detention or against any other detained person;
    • (l) takes part in, or incites any person to, violence or insubordination of any kind;
    • (m) escapes, or conspires to escape, or assists any other detained person to escape, from the place of his detention;
    • (n) wilfully damages any article or Government property to which he may have access, or any part of a place of detention;
    • (o) attempts to commit any of the foregoing offences.
Regulation 112 -- Deportation

112.

  • (1) The High Commissioner shall have power to make an order under his hand (hereinafter in these Regulations referred to as "a Deportation Order") requiring any person to leave and remain out of Palestine.
  • (2) The High Commissioner shall have power by order under his hand to require any person who is out of Palestine to remain out of Palestine. A person with respect to whom such an order is published shall so long as the order is in force remain out of Palestine. An order under this regulation may be made subject to such terms and conditions as the High Commissioner may think fit.
  • (3) A person with respect to whom a Deportantion Order is made shall leave Palestine in accordance with the order and shall thereafter so long as the order is in force remain out of Palestine.
  • (4) A person with respect to whom a Deportation Order is made, whilst awaiting deportation and whilst being conveyed to any vessel, train, aircraft or vehicle in Palestine, shall be liable to be kept in custody in such manner as the High Commissioner may by the Deportation Order or otherwise direct and whilst in that custody shall be deemed to be in lawful custody.
  • (5) The master of a ship or pilot of an aircraft about to call at any port or place outside Palestine shall, if so directed by the High Commimssioner, recieve a person against whom a Deportation Order has been made on board the ship or aircraft and afford him a passage to that port or place, and proper accommodation and maintenance during the passage.

PART XII - MISCELLANEOUS PENAL PROVISIONS
Regulation 119 - Forfeiture and demolition of property, etc.

119.

  • (1) A Military Commander may by order direct the forfeiture to the Government of Palestine of any house, structure, or land from which he has reason to suspect that any firearm has been illegally discharged, or any bomb, grenade or explosive or incendiary article illegally thrown, or of any house, structure or land situated in any area, town, village, quarter or street the inhabitants or some of the inhabitants of which he is satisfied have committed, or attempted to commit, or abetted the commission of, or been accessories after the fact to the commission of, any offence against these Regulations involving violence or intimidation or any Military Court offence ; and when any house, structure or land is forfeited as aforesaid, the Military Commander may destroy the house or the structure or anything on growing on the land.
  • (2) Members of His Majesty's forces or of the Police Force, acting under the authority of the Military Commander may seize and occupy, without compensation, any property in any such area, town, village, quarter or street as is referred to in subregulation (1), after eviction without compensation, of the previous occupiers, if any.

PART XIII - MOVEMENTS OF PERSONS, TRAFFIC
Regulation 124 - Curfew

124. A Military Commander may by order require every person within any area specified in the order to remain within doors between such hours as may be specified in the order, and in such case, if any person is or remains out of doors within that area between such hours without a permit in writing issued by or on behalf of the Military Commander or some person duly authorised by the Military Commander to issue such permits, he shall be guilty of an offence gainst these Regulations.

Regulation 125 - Closed Areas

125. A Miltary Commander may by order declare any area or place to be a closed area for the purposes of these Regulations. Any person who, during any period in which any such order is in force in relation to any area or place, enters or leaves that area or place without a permit in writing issued by or on behalf of the Military Commander shall be guilty of an offence against these Regulations.

 

6. RACIST HARASSMENT IN DAILY LIFE

Arabs experience racist harassment where ever they go in public - on the streets, in stores, in government buildings. And they experience no help from the police.

 

III. IS ISRAEL AN APARTHEID STATE?

Below is the official legal definition of Apartheid, as per international law, as defined by the United Nations in 1876:

INTERNATIONAL COVENANT ON THE SUPPRESSION AND PUNISHMENT OF THE CRIME OF APARTHEID (1976)
Article I
  • 1. The States Parties to the present Convention declare that apartheid is a crime against humanity and that inhuman acts resulting from the policies and practices of apartheid and similar policies and practices of racial segregation and discrimination, as defined in article II of the Convention, are crimes violating the principles of international law, in particular the purposes and principles of the Charter of the United Nations, and constituting a serious threat to international peace and security.
  • 2. The States Parties to the present Convention declare criminal those organizations, institutions and individuals committing the crime of apartheid.

Article II

  • For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:
    • a. Denial to a member or members of a racial group or groups of the right to life and liberty of person:
      • i. By murder of members of a racial group or groups;
      • ii. By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment;
      • iii. By arbitrary arrest and illegal imprisonment of the members of a racial group or groups;
    • o b. Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;
    • c. Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;
    • d. Any measures, including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof;
    • e. Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour;
    • f. Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid."

Article I declares that Apartheid is a crime against humanity because it violates basic principles of international law and the Charter of the United Nations.

Article II legally defines Apartheid as consisting of 6 different categories of crimes:

Now the analysis through comparison of Israeli legalized discrimination as found in the laws of the State of Israel to the 6 categories of crimes outlined in the International Covenant On The Suppression And Punishment Of The Crime Of Apartheid (1976):

This analysis shows that there are number of examples practiced by the State of Israel for all 6 categories of crimes found in the official definition of the crime of Apartheid.

Thus, this analysis shows that Israel practices Apartheid – is an Apartheid State.

 

 

IV. CONCLUSIONS

This article examines violations of human rights and international law in legal terms and in terms of the complex of laws found in the State of Israel. But it is important to remember that these legal violations represent very real suffering – very intense suffering, which naturally would lead to intense rage. So, in the Middle East, when we actually visit the conflicted areas, we do not find abstract legal patterns, but real people suffering and dying, families being made homeless, falling into poverty, and being destroyed. When we remember this, then we can begin to understand the rage.

But no one seriously concerned with justice, freedom and equality, would ever support violent terrorism and the random killing of civilians, but it is important not to condemn an entire rebellion for one tactic which we might disagree with. It is important to look at the big picture – the historic context of the rebellion to see the truth of what is going on. And thus we can do this, and consequently support the overall rebellion, while condemning that one tactic which we disagree with.

The Palestinian/Israeli conflict is distinguished by multiple tragic ironies.

The Zionists chose a place to start a country in order to create a place where they would be safe, but they have so antagonized the native peoples of that area, that the area has now become a war zone where no one is safe.

The Zionist set out to build a democracy distinguished by its practice of justice, freedom and equality, but this goal conflicted with its other national goal to create a Jewish State where the Jewish people would be taken special care of. In addition, they chose a region to do this in where the Jewish people are actually the minority. The end result is a nation that is known for its massive violation of human rights, international law, its system of legalized discrimination, and its practice of ethnic cleansing (in order to make the Jewish people the majority population in the area), exploitation and oppression, and possibly genocide in the territories it occupies.

The Israelis want the world to see their opponents as terrorists, but nothing undercuts international law and reform more than the Israelis being able to get away with multiple violations of international law and morality, with the aid and support of the United States of America, who supposedly is trying to spread democracy across the world.

In fact, resentment and anger toward Israel, and support for it by the USA, is one of the main factors motivating world terrorism.

The Israelis want opponents declared to be anti-Semites, but nothing spreads anger and resentment for Israel more than their own illegal inhumane practices.

The Jewish people used to be known as an oppressed minority, but now because of the efforts of the Israeli government to identify the Israeli government and its practices with the Jewish people, there is now tremendous growth of anti-Semitism (hatred against Jews) across the globe, and the Jews are now being identified with inhumane unjust violation of laws, instead of as victims of injustice.

Besides hatred based on religion being wrong and immoral, this is also unfair because there are many Jews, including within Israel, who oppose the inhumane and illegal policies and practices of the Israeli government.

The Jewish religion is known for its tradition of law and justice, but now the Israelis have built a country which was originally intended to be a refuge for the Jewish people, has now become known for its inhumane violations of law.

The Israelis have obviously lost their moral compass, and it is hurting everyone.

Israeli actions and policies in the occupied territories and toward the Palestinian people within Israel are holding up progress in building up international relations across every divide and difference, because poorer people have come to resent how the Israeli government is getting away with so much wrong.

The world must stop the Israeli government now, so that the suffering and killing will finally stop, so that a sense of justice can be felt in the Middle East, and the rest of the world, which will lessen the attraction of terrorism, and that international law can be redeemed, and thus the world can get back to developing international law and order to protect international humanity and its prosperity.

The Israeli government must not be allowed to get away with violating international law with impunity. This not only allows tremendous suffering to continue, which is immoral, but it undermines international law in general by setting an example that it can be violated without receiving consequences. This undermines international law and order, and sets back the world to more dark, primitive times when the strong dominated the weak, and the individual suffered without recourse to assistance or justice.

 

 

V. BIBLIOGRAPHY

Adalah: The Legal Center for Arab Minority Rights in Israel (www.adalah.org).

Avishai, Bernard. "The Tragedy of Zionism: Revolution and Democracy in the Land of Israel". Farrar Straus Giroux, New York, NY (1985).

"Defence (Emergency) Regulations". The Palestine Gazette, No. 1442. Published by the British Government, Palestine (Sept. 27, 1945).

Drury, Richard T. and Winn, Robert C. "Plowshares and Swords: The Economics of Occupation in the West Bank". Published by Beacon Press, Boston, MA (1992).

Elazar, Daniel J. "The Constitution of the State of Israel" Jerusalem Center for Public Affairs, Jerusalem, Israel (1993).

Hertzberg, Rabbi Arthur. "The Zionist Ideal: A Historical Analysis and Reader". Atheneum Publishing, New York (1959).

"Human Rights and the Rule of Law". Israel Ministry of Foreign Affairs, Jerusalem, Israel (1998).

"Israeli-Arab Reader", 5th Edition. Edited by Walter Laqueur & Barry Rubin. Published by Penguin Books, NYC (1991).

Jabareen, Hassan; Dalal, Marwan; Rosenberg, Rina & Bashara, Suhab. "Legal Violations of Arab Minority Rights in Israel". Adalah The Legal Center for Arab Minority Rights in Israel, Shfaram, Israel (1998).

Kretzmer, David. "The Legal Status of the Arabs in Israel". Series: Westview Special Studies on the Middle East. Westview Press, Boulder, CO (1990).

Kretzmer, David. "The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories". SUNY Press, Albany, NY (2002).

"Laws of the State of Israel: Authorized Translation from the Hebrew". Government Printer, Jerusalem, Israel (1948-1987).

Lehn, Walter & Davis, Uri. "The Jewish National Fund". Kegan Paul International Ltd., London, UK (1988).

Levush, Ruth. "How to Conduct Research in Israeli Law". Law Library of Congress, Washington DC (1999?).

Morris, Benny. "Righteous Victims: A History of the Zionist-Arab Conflict, 1881-2001", 2nd Edition. Vintage Books, NY (2001).

Shehadeh, Raja. "Occupier's Law: Israel and the West Bank". Institute for Palestinian Studies, Washington D.C. (1985).

United Nations Relief and Works Agency for Palestine Refugees in the Near East Website - http://www.un.org/unrwa/index.html.

United States Central Intelligence Agency World Factbook website - www.cia.gov/cia/publications/factbook/index.html.


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