Israeli military order 1650
Encyclopedia
Military order 1650 is an Israeli military orders issued on 13 October 2009. It is an amendment to Military Order No. 329, "Order Regarding Prevention of Infiltration", and significantly expands the definition of 'infiltrator' such that any person in the West Bank
could fall under the scope of the definition, and be subject to arrest or deportation by the Israeli Defense Forces (IDF) without judicial review
. The order was signed by Gadi Shamni, Major General Commander of "IDF Forces in the Judea and Samaria Area".
The order modifies the 1969 definition of 'infiltrator' to encompass anyone who enters the West Bank illegally, as well as anyone, "who is present in the Area and does not lawfully hold a permit." The original 1969 definition of 'infiltrator' applied only to those who entered Israel illegally after passing through 'enemy states' (Jordan
, Egypt
, Lebanon
, and Syria
). The military order does not clarify what kind of permit is required, and thus leaves it open for the Israeli authorities in occupied territory to interpret it. According to Amnesty International
, those considered to be 'infiltrators' can be deported to other states, forcibly transferred to the Gaza Strip, or face criminal charges. This could include Palestinians whose address is recorded as being the Gaza Strip
, even if they were live in or were born in the West Bank.
The military order was first used on 21 April 2010 when Israel authorities deported a Palestinian prisoner to the Gaza Strip after he was released following a nine-year prison sentence.
n government expressed "the greatest concern" over the order, saying it has a broad definition of "infiltrator" and unclear terms as to which permits would allow a person to reside in the West Bank, as well as how valid residency might be proven. The South African government said the terms of the order are "reminiscent of pass laws
under apartheid South Africa".
Richard Falk
, the United Nations
Special Rapporteur
"on the situation of human rights in Palestinian territories occupied since 1967", warned that the order may violate international law and the Fourth Geneva Convention
.
Various human rights organizations have criticized the order. Dalia Kerstein, director of the Israel-based HaMoked
, requested a delay in implementing the order because of its drastic effect on human rights. The Euro-Mediterranean Human Rights Network
"condemns and demands the immediate annulment of Israeli Military Orders 1649 'Order regarding Security provisions' and 1650 'Order regarding Prevention of Infiltration'". Amnesty International
worried that order 1650 "could facilitate the expulsion of Palestinians from the occupied West Bank."
West Bank
The West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan...
could fall under the scope of the definition, and be subject to arrest or deportation by the Israeli Defense Forces (IDF) without judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. The order was signed by Gadi Shamni, Major General Commander of "IDF Forces in the Judea and Samaria Area".
The order modifies the 1969 definition of 'infiltrator' to encompass anyone who enters the West Bank illegally, as well as anyone, "who is present in the Area and does not lawfully hold a permit." The original 1969 definition of 'infiltrator' applied only to those who entered Israel illegally after passing through 'enemy states' (Jordan
Jordan
Jordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...
, Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
, Lebanon
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...
, and Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
). The military order does not clarify what kind of permit is required, and thus leaves it open for the Israeli authorities in occupied territory to interpret it. According to Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
, those considered to be 'infiltrators' can be deported to other states, forcibly transferred to the Gaza Strip, or face criminal charges. This could include Palestinians whose address is recorded as being the Gaza Strip
Gaza Strip
thumb|Gaza city skylineThe Gaza Strip lies on the Eastern coast of the Mediterranean Sea. The Strip borders Egypt on the southwest and Israel on the south, east and north. It is about long, and between 6 and 12 kilometres wide, with a total area of...
, even if they were live in or were born in the West Bank.
The military order was first used on 21 April 2010 when Israel authorities deported a Palestinian prisoner to the Gaza Strip after he was released following a nine-year prison sentence.
Reaction
On 21 April 2010, the South AfricaSouth Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
n government expressed "the greatest concern" over the order, saying it has a broad definition of "infiltrator" and unclear terms as to which permits would allow a person to reside in the West Bank, as well as how valid residency might be proven. The South African government said the terms of the order are "reminiscent of pass laws
Pass laws
Pass laws in South Africa were designed to segregate the population and limit severely the movements of the non-white populace. This legislation was one of the dominant features of the country's apartheid system. The Black population were required to carry these pass books with them when outside...
under apartheid South Africa".
Richard Falk
Richard A. Falk
Richard Anderson Falk is an American professor emeritus of international law at Princeton University, the author or co-author of 20 books and the editor or co-editor of another 20 books, speaker, activist on world affairs, and an appointee to two United Nations positions on the Palestinian...
, the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Special Rapporteur
Special Rapporteur
Special Rapporteur is a title given to individuals working on behalf of the United Nations within the scope of "Special Procedures" mechanisms who bear a specific mandate from the United Nations Human Rights Council....
"on the situation of human rights in Palestinian territories occupied since 1967", warned that the order may violate international law and the Fourth Geneva Convention
Fourth Geneva Convention
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and defines humanitarian protections for civilians...
.
Various human rights organizations have criticized the order. Dalia Kerstein, director of the Israel-based HaMoked
Hamoked
HaMoked an Israel based human rights organization founded by Dr. Lotte Salzberger with the stated aim of assisting "Palestinians subjected to the Israeli occupation which causes severe and ongoing violation of their rights." HaMoked works for the enforcement of the standards and values of...
, requested a delay in implementing the order because of its drastic effect on human rights. The Euro-Mediterranean Human Rights Network
Euro-Mediterranean Human Rights Network
The Euro-Mediterranean Human Rights Network is a network of 64 human rights organisations, institutions and individuals based in 30 countries in Europe and the Mediterranean region...
"condemns and demands the immediate annulment of Israeli Military Orders 1649 'Order regarding Security provisions' and 1650 'Order regarding Prevention of Infiltration'". Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
worried that order 1650 "could facilitate the expulsion of Palestinians from the occupied West Bank."