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Chapter J – Administrative powers (316-332) Print E-mail
Order regarding Security Provisions

Article A – Restraining orders

Movement and traffic

316. (A) A military commander or a person acting with the general or special authorization of a military commander is empowered, in an order or by providing directives or in another manner to:

(1) Prohibit, limit or regulate the use of certain roads or to determine lanes on which vehicles or animals or persons shall pass, whether in general or in particular;
(2) Demand from any person who is the owner or possessor of a vehicle, or who has a vehicle under his control, that he use the vehicle for transferring goods at the times and on the roads to be detailed by him;
(3) Prohibit, limit or regulate the movement of persons, generally, or of a certain gender or type, or of certain persons in airplanes, trains, cars, buses, in other vehicles or on sea crafts.

(B) Any soldier is empowered to demand in an order from all or part of the residents of any city, village, area or neighborhood to remove from the road any barricade or nuisance or any glass, nails or blockades or other barriers hindering use of that road.

(C) A person who violates an order, directive or any demand given to him in accordance with this section – shall be charged with an offense under this order.

Curfew

317. A military commander is empowered to demand in an order from any person who is staying in the confines of the area noted in the order, to remain within his home during the hours noted in the order. A person outside of his home within the confines of the aforementioned area and during those hours, without a written permit issued by the military commander or on his behalf shall be charged with an offense under this order.

Closed zones

318. (A) A military commander is empowered to declare that an area or place are closed (hereinafter in this section - "closed zone").

(B) If an area or place is closed as noted in Subsection (A), a military commander is empowered to determine that one of the following provisions shall apply to it:

(1) No one shall enter the closed zone;
(2) No one shall leave the closed zone;
(3) No one shall enter the closed zone or stay in it;
(4) No one shall enter the closed zone or leave it.

(C) A military commander is empowered by personal permit or by general permit to exempt a person from the provisions of the declaration concerning closure of an area or place as noted in this section.

(D) If a person violates provisions of a declaration concerning closure of a territory or place, prohibiting entry into the closed zone or staying within it, or the conditions of a permit issued in accordance with this section, any soldier, policeman or empowered authority appointed for such shall be empowered to remove the person from the closed zone. This subsection does not apply to a permanent resident of the closed zone.

(E) If a person violates provisions of a declaration concerning closure of a territory or place, prohibiting leaving the closed zone, or the conditions of a permit issued in accordance with this section – any soldier or policeman shall be empowered to arrest him and move him to the closed zone.

(F) If a person violates provisions of a declaration concerning closure of a territory or place, or the conditions of a permit issued in accordance with this section, or disturbs a soldier or policeman or empowered authority appointed for such in fulfilling their tasks in accordance with this section shall be charged with an offense under this order.

Orders to open and close places

319 .(A) In this section:

“Business” – including workshop, factory, commerce establishment, shop, restaurant, snack bar, pharmacy, bakery, laundry and any business engaging in the production or sale of goods or in the provision of services to the public;

“To hold” – concerning any place - including the owner, tenant, manager, clerk, power of attorney or anyone in control of a place or enabled to operate it.

(B) A military commander is empowered, in an order:

(1) If he believes that it is necessary for the maintenance of essential services, to demand of any person holding a business, educational institution or another place which the public or part of it frequents (hereinafter in this section - place) of which he has reason to believe that it was closed due to a general closure or an organized closure of places that he open the place and operate it as usual:

(2) If he believes that it is necessary for the maintenance of sound government, public order and for the security of the Area and the IDF, to demand from any person holding a place that he close it and desist from operating it and keep it closed for the period to be determined in the order.

(C) A person who violates an order issued in accordance with this section shall be charged with an offense under this order.

Authority to order signposting and the removal of signs

320. (A) For the purpose of this section - “symbol” – including a signpost, flag, sign, color, inscription and slogan.

(B) A soldier is empowered to command any person by an order, if he believes that it is necessary for the security of the Area, safety of the Area or for the maintenance of public order, to remove, erase or cover, as he may order, any symbol displayed or located on a property, provided that the person or life of that individual is not endangered thereby.

(C) Without detracting from the aforementioned in Subsection (B), any person holding property must remove, erase or cover in any other manner any symbol displayed or located on the property in his possession, if the symbol may influence public opinion in the Area in a manner which may harm the security of the Area, the safety of the Area or the public order in it.

(D) A person who violates any provision of this section or directives issued in accordance with it shall be charged with an offense under this order, however, he shall not be charged with an offense under Subsection (C) if he proves that he did not know of the existence of the symbol and was not required to know of it under the circumstances.

Painting, signposting and marking

321. (A) A military commander is empowered to command any property holder in an order, if he believes it is necessary for the security of the Area or for the maintenance of public order, to mark, paint and signpost property in his possession.

(B) A person who violates a directive given in accordance with this section or causes defacement or blurring of signs, colors and signposts done in accordance with this section or any law and security legislation, shall be charged with a an offense under this order.

Article B – Identification documents

Obligation to provide identifying information

322. A person who is requested to do so by a soldier or a member of the General Security Services must provide full information enabling his identification and present any document in his possession enabling his identification.

Carrying identification card

323. (A) A resident, man, who is of the age of 16 or above shall carry an identification card with him.

(B) A person who enters the Area from Israel and is not a resident of a held area shall carry a document of identification which he is required to carry in Israel.

(C) A resident of a held area, a man who is 16 years of age, shall carry with him an identity card issued in accordance with security legislation applicable in the held area.

Temporary seizure of identity card

324. (A) For the purpose of this section – “identification card” – a document identifying its holder, which was issued by the authorities of the Area or authorities of the Gaza Strip region.

(B) A soldier is empowered to seize from any person his identification card (hereinafter in this section – “document”) if he believes this is necessary for one of the following:

(1) Ensuring the implementation of a directive given to said person in accordance with sections 316(B) or 320;

(2) Ensuring the appearance of said person in a place and at time determined in the directive given by an IDF authority or on its behalf in accordance with Section 225;

(C)

(1) If a soldier seizes a card as noted in Subsection (B), he shall give the person from whom he seizes the card a substitute document.
(2) The soldier shall note the following details on the substitute document as noted in Paragraph (1): the name of the person whose document was seized, the district of his residence, identification number of said person, time of seizure of the document, reason for seizure of the document, the place and time at which the person may receive the seized document, the period of validity of the substitute document and the details of the soldier who seized the document.
(3) The validity of the substitute document as noted in Paragraph (1) shall be for a period of 96 hours from the time of seizure of the document unless a shorter period is noted on the aforementioned substitute document, and in this period the substitute document shall be regarded as an identification card for the purpose of any law and security legislation.

(D) A document seized as noted in Subsection (B)(1) shall be returned to the person from whom it was seized immediately following execution of the directive issued to said person, however, the soldier is empowered to order a person whose card was seized as noted to appear at a place and time to be determined and noted on the substitute document as noted in Subsection (C)(1) in order to receive the seized document, provided that the time so determined shall be within the validity period of the substitute document.

(E) A document seized as noted in Subsection (B)(2) shall be returned to the person from whom it was seized upon his reporting.

Article C – Various powers

Definitions

325. In this article:

“Security measure” – a measure decreed by the military commander in accordance with Section 326(A).

“Land owner” – including an owner, holder, leaser or renter.

“Owner of chattels” – including an owner and a holder.

Implementing security measures

326. (A) A military commander is empowered to order the implementation of measures he deems necessary for protecting the security or property of the residents of the Area or those who are present in the Area, or the security of the Area, or for maintaining public order.

(B) Security measures under this order may be implemented vis-à-vis a person, land or chattels.

(C) A directive on implementing security measures may apply to the entire Area, to particular areas within it, to the entire public, to types of persons, or to particular persons – all as ordered by the military commander.

(D) The military commander shall detail in the order all of the operations or actions requested by him and he is empowered to define a period of time within which the implementation of the operations and actions is to be completed.

(E) In the order, the military commander may, inter alia:

(1) Compel a land owner or owner of chattels or any person to execute any operation or action, in land or chattels, as the case may be;
(2) Compel a land owner or owner of chattels or any person to enable the execution of any operation or action in land or chattels, as the case may be, by someone empowered to do so by the military commander, as noted in Section 327(A);
(3) Compel a person to hold security measures in his possession and to make use of them;
(4) Prohibit a person from making use of land or chattels unless security measures were installed in them;
(5) Prohibit a person from movement in places stipulated in the order, except in vehicles in which security measures have been installed.

Enforcing execution

327. (A) The military commander is empowered to decree that an order issued under Section 326 shall by executed by a person so empowered by him in writing.

(B) If an order is issued under Section 326, the military commander or a person so empowered by him in writing, is empowered to enter lands or chattels concerning which the order is issued in order to ascertain implementation of the order or to implement it.

(C) Entry to the place, as stipulated in Subsection (B), shall be conducted, as far as possible, in coordination with the land owner or owner of chattels, as the case may be, and between the hours of eight AM and eight PM.

(D) The military commander, and a person empowered by him to execute the order regarding the implementation of security measures, shall be empowered, for the purpose of executing the order and for the purpose of entry as stipulated in Subsection (B), to exercise reasonable force, to the extent necessary under the circumstances, vis-à-vis a person, land or chattels.

Expenses for implementing security measures

328. The military commander shall determine who shall bear the expenses of implementing security measures and shall be empowered to decree that these expenses shall be imposed, in their entirety or in part, on the land owner or owner of chattels or on the person holding the security means, as the case may be.

Exercise of power

329. A military commander is empowered to exercise his powers under this order or by issuing orders, directives, announcements, demands or in any other way, orally or in writing, all as he deems appropriate.

Punishment

330. A person who fails to obey any order lawfully issued by the military commander under Section 326 or who is negligent in fulfilling it or who knowingly caused damage to security measures or who obstructs someone who is empowered to act under this section – shall be sentenced to six months imprisonment.

Prohibition of construction

331 (A) In this section and in Section 332 –

“Building” – Any structure, whether built of stone or built of concrete, mortar, iron, wood or any other material, including:

(1) Any part of such building and anything permanently attached to it;
(2) A wall, dirt embankment, fence and the like, which enclose or demarcate or are intended to enclose or demarcate an area of land or space.

“An area of land where a building is situated” – including the area around the building and extending to the boundaries of the lot.

(B) A building shall not be constructed on an area of land where a building was situated which was confiscated and demolished, and the sealing shall not be removed from a confiscated building of which the openings have been sealed by order of a military commander under the power vested in him in accordance with Regulation 119 of the Defense (Emergency) Regulations, 1945, except by approval of the commander of the IDF in the Area.

(C) A person who constructs a building or removes the sealing from a building in contravention of the provisions of Subsection (B) shall be sentenced to two years imprisonment.

(D) A military commander is empowered to order the demolition of a building which was rebuilt or of which the openings were unsealed in contravention of the provisions of this section.

Supervision of construction

332 (A) In this section –

“Construction” – Including construction of a building, and any action aimed at constructing a building or making changes to it.

“License” – A license as defined in the fourth chapter of the Law for Planning Cities, Villages and Buildings, No. 79 of 1966, or a permit under Section 2 of the Order regarding the Granting of Permits for Works in the Administered Territories for Military Purposes (Judea and Samaria) (No. 997), 5742-1982, accordingly, including an exemption from one of these.

(B) A military commander is empowered, in an order, to prohibit construction or to order its cessation or to stipulate conditions for construction, if he believes that it is necessary for the security of the Area or to ensure public order.

(C) If an order is issued under Subsection (B), a license shall not be granted for the lands to which the order applies except by approval of the military commander or by a person he authorizes for this purpose.

(D) If a license is granted prior to the issuance of an order under Subsection (B) regarding lands for which the license was granted, the license shall be suspended provided that the order remains in effect or provided that the military commander or a person he authorizes for this purpose does not instruct otherwise, in general or in a particular case.

(E) If construction is done in contravention of an order issued under Subsection (B) the military commander is empowered to issue an order to destroy, dismantle or remove the building or the part of it in which such construction was done

(F)

(1) A person who violates an order issued by a military commander under Subsection (B) – shall be sentenced to two years imprisonment.

(2) A member of a planning institution who votes in favor of a decision to grant a permit or to recommend it, or who is involved not by voting, while knowing that the granting of the permit is in violation of the provisions of subsections (C) and (D) – shall be sentenced to one year imprisonment.

(3) A person employed by a planning institution or a local authority who declares in writing or orally during a hearing at a planning institution that it is possible to grant a permit, and on the basis of his declaration the permit is granted or recommended, while knowing that the granting of the permit is in violation of the provisions of subsections (3) and (D) – shall be sentenced to one years imprisonment.

(4) In this subsection, a “planning institution” – an authority empowered in regard to planning permits or plans under the Planning of Cities, Villages and Buildings Law, No. 79 of 1966, under the Order regarding Planning of Cities, Villages and Buildings (Judea and Samaria) (No. 418), 5731-1971, or under the Order regarding Granting of Permits for Work in the Administered Territories for Military Purposes (Judea and Samaria) (No. 997), 5742-1982, as the case may be.

 
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