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Chapter A – General Provisions (1-7) Print E-mail
Order regarding Security Provisions

Definitions

1. In this order –

“Held area” – a territory held by the IDF, other than the Area.

“A member of the General Security Service” – a person who is a member of the General Security Services according to a valid document given him by this service.

“Young adult” – a person fourteen years of age and older yet under the age of sixteen.

“Military court” and “court” – military court vested with jurisdiction in the Area in accordance with this order; subject to the provisions of Section 153(A) where this order refers to “court” or “military court” it also includes the military court of appeals.

“Mitigation” – for the purposes of punishment, including its reduction, conversion, condition or deferral, in its entirety or in part; for the purposes of this order, a fine is viewed as a lighter punishment than imprisonment of any duration provided that imprisonment is not converted to a fine in a proportion greater than one hundredth of the fine determined in Subsection 1(A)(2) of the Order regarding Raising of Fines Stipulated in Security Legislation, for each day of imprisonment.

“Explosive or combustible object” – any object or material, including liquid or gas, intended to or capable of causing an explosion or fire.

“Information” – including information that is incorrect, and any description, plan, caption, symbol, formula, object or any part of them containing information or liable to serve as a source of information.

“Child” – a person under twelve years of age.

“Police forces” – policemen and officers in the Israel Police placed under the command of the Commander of IDF Forces in the Area. In this matter, any policeman and any officer from the Israel Police deployed in the Area by authority of the Israel Police is regarded as under the command of the Commander of IDF Forces in the Area.

“Delivery” – Including delivery by signing and signaling and causing delivery.

“Detention facility” – as defined in the Order regarding Operation of a Detention Facility (West Bank Region) (No. 29), 5727-1967.

“Defendant” – including appellant, as the case may be.

“Juvenile” - a person of the age of twelve and older yet under the age of fourteen;

“President of the court” – president of a military court of first instance or president of the military court of appeals, as the case may be.

“Public servant” - including a police officer, member of the General Security Service, a person employed by the IDF, a person employed by a regional council listed in the Appendix to the Order regarding Administration of Local Councils (Judea and Samaria) (No. 982), 574-1981, in the Appendix to the Order regarding Administration of Regional Councils (Judea and Samaria) (No. 783), 5739-1979, and by a local authority and any person holding authority in accordance with the law or security legislation.

“Peremptory ruling” – any of the following:

(1)   ruling issued by the military court of appeals;

(2)   ruling issued by a military court of first instance for which the period of appeal elapsed and no appeal was submitted;

“Order” – including an appointment, order, proclamation, directive, demand and permit.

“Order regarding the Raising of Fines Stipulated in Security Legislation” – Order regarding Raising of Fines Stipulated in Security Legislation (Judea and Samaria) (number 845), 5740-1980.

“IDF authorities” – the Commander of IDF Forces in the Area and any authority appointed by him or authorized by him, or authorized to operate in the Area in accordance with the law and security legislation, including any military commander in the Area.

“Policeman” – including anyone of non-officer rank who is a member of the police forces.

“Essential services” - services essential to the maintenance of sound governance in the Area, for ensuring peace of the public and of IDF soldiers, for the maintenance of public order, or the provision of essential services for public life.

“Resident” – and “identity card” – as defined in the Order regarding Identity Cards and Population Registry (Judea and Samaria) (No. 297), 5729-1969.

“Assault” – beating a person, touching him, pushing him or applying force against his body in another manner, either directly or indirectly, without his consent or if his consent was obtained through deception.

General Provisions

2. (A) References to bombs, hand grenades, explosives or combustible devices or ammunition in this order, shall be interpreted as including any component of a bomb, hand grenade, explosives or combustible device or ammunition.

(B) An order issued under security legislation shall enter into effect at the time determined therein.

(C) It is possible to issue any order verbally, if the authority issuing or giving the order considers it proper to do so.

(D) The authority giving or issuing an order shall ensure that an announcement of its date of validity shall be given at the earliest possible time and in the manner deemed appropriate thereby. However, no order shall be viewed as invalid for a certain person for whom it is applicable, due to the fact that his attention was not drawn thereto.

(E) The provisions of this section shall apply to all security legislation.

Appointment of Military Commanders

3. The Commander of IDF Forces in the Area is permitted to appoint a military commander for any area or place in the Area. An appointment such as this may be done by announcing a name or position and if a position is named, the holder of the announced position from time to time shall be the military commander of the area or place so mentioned.

Authorities of policeman

4. Any policeman who is a member of the police forces shall have these authorities:

(1) the powers given to any soldier under the security legislation;

(2) the powers that any policeman in the Area had on June 7, 1967 under any law applicable to the region on that day.

Authorities of police officer

5. Any officer who is a member of the police forces shall have the powers granted to any policeman, police officer, or IDF officer under the security legislation and in accordance with any law.

Authority of member of the Security Service

6. (A) Any member of the General Security Services shall have the powers given to any soldier in accordance with the security legislation.

(B) With regard to a member of the General Security Services, his superiors in this service shall constitute an authority he is obliged to abide by.

Authority of member of the Prisons Service

7. (A) In this section –

“A member of the Masada Unit” – a person who is part of the Masada Unit in the Prisons Service in Israel according to a valid document given to him by this unit.

“Prison guard” – as defined in the Order regarding the Prisons Service (Judea and Samaria) (No. 254), 5728-1968.

(B) A prison guard, while performing his duty within the prison and its immediate surroundings, shall have the powers delegated to a soldier under Chapter C; while performing his duty in accompanying a prisoner – also outside of the prison area.

(C) The powers stipulated in Subsection (B) shall also be given to a prison guard who is part of the Security and Operations Unit in the Prisons Service, when fulfilling security duties for employees of the Prisons Service and their family members.

(D) Each member of the Masada Unit shall have the powers that are granted to a soldier under Chapter C.

 
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