Basic Law: The Government
Criminal Law and Procedures
Active
1992
Previously Emergency Orders (derived from) The Law and Administration Ordinance – 1948.
A state of emergency can be declared to exist in the state under Section 9 (Emergency regulations) subsection (a) of this ordinance, which also empowers any minister to make emergency regulations in the interests of state security. Section 9 was deleted when Basic Law: The Government came into affect. The Basic Law gave the power of declaring a state of emergency to the Knesset and in certain situations, to the government. It also empowered the Prime Minister to make emergency regulations in the interests of state security.
The dtate has enacted dozens of laws and orders the applicability of which are anchored in the ongoing state of emergency, declared by the Knesset in 1948 and maintained continuously ever since. The permanent state of emergency has been used to derogate from basic rights that are protected under international human rights law. Some legislative examples dependent upon this continued state of emergency are:
- The Emergency Powers (Detentions) Law - 1979 grants the state the power to detain individuals in administrative detention for indefinitely extendable six-month periods.
- The Prevention of Terrorism Ordinance – 1948 enumerates a number of criminal offences including “membership in a terrorist organization” and “supporting a terrorist organization.” The Ordinance contains a number of broad definitions of terrorism, and is often used against Palestinian political leaders who voice strong opposition to Israel’s occupation. Almost all Palestinian political parties in the OPT are designated by Israel as “terrorist organizations."
- Times of Emergency Orders (Foreign Travel) – 1948 prevents, according to Article 5, any citizen from traveling to state listed in The Prevention of Infiltration (Offences and Jurisdiction) Law – 1954 without the permission of the Minister of the Interior or the Prime Minister. The law primarily affects Arab citizens of Israel as all of the states listed are Arab states.
The dtate has enacted dozens of laws and orders the applicability of which are anchored in the ongoing state of emergency, declared by the Knesset in 1948 and maintained continuously ever since. The permanent state of emergency has been used to derogate from basic rights that are protected under international human rights law. Some legislative examples dependent upon this continued state of emergency are:
- The Emergency Powers (Detentions) Law - 1979 grants the state the power to detain individuals in administrative detention for indefinitely extendable six-month periods.
- The Prevention of Terrorism Ordinance – 1948 enumerates a number of criminal offences including “membership in a terrorist organization” and “supporting a terrorist organization.” The Ordinance contains a number of broad definitions of terrorism, and is often used against Palestinian political leaders who voice strong opposition to Israel’s occupation. Almost all Palestinian political parties in the OPT are designated by Israel as “terrorist organizations."
- Times of Emergency Orders (Foreign Travel) – 1948 prevents, according to Article 5, any citizen from traveling to state listed in The Prevention of Infiltration (Offences and Jurisdiction) Law – 1954 without the permission of the Minister of the Interior or the Prime Minister. The law primarily affects Arab citizens of Israel as all of the states listed are Arab states.
