Defence (Emergency) Regulations

The Defence (Emergency) Regulations are an expansive set of regulations first promulgated by the British authorities in Mandatory Palestine in 1945,[1][2] The British repealed them before withdrawing from Palestine in 1948.[3] Along with the entire body of Mandate legislation, they were incorporated into Israel's domestic legislation after the state's establishment in 1948, except for provisions explicitly annulled. They remain in force today with many amendments.[4]

The regulations as amended form an important part of the legal system in the West Bank.[4] They permit the establishment of military tribunals to try civilians, prohibitions on the publication of books and newspapers, house demolitions, indefinite administrative detention, extensive powers of search and seizure, the sealing off of territories and the imposition of curfews.[4]

  1. ^ Avner Yaniv (1993). National Security and Democracy in Israel. Lynne Riener Publishers. p. 175. ISBN 1-55587-394-4.
  2. ^ Baruch Bracha. "Restriction of personal freedom without due process of law according to the Defence (Emergency) Regulations, 1945". Israel Yearbook on Human Rights. pp. 296–323.
  3. ^ Quigley, John (1994). "Israel's Forty-Five Year Emergency: Are There Time Limits to Derogations from Human Rights Obligations?" (PDF). 15 (2). Michigan Journal of International Law: 491–518. {{cite journal}}: Cite journal requires |journal= (help) p=493,n.7
  4. ^ a b c Alan Dowty (1998). The Jewish State: A Century Later. University of California Press.

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