Law Says:No Legal Difference in YESHA & Rest of Country
Mark B. KaplanMark is the director of the Office for Israeli Constitutional Law (OFICL),...
A left wing organization's High Court petition was rejected. The motion sought to prevent a "settler" form being appointed to Israel's High Court of Justice. The NGO’s claim is that anyone living in "occupied territory” does not have the "moral purity" to sit on the High Court.
This frivolous lawsuit has no merit and is contrary to Israeli Law.
Read the text of the Area of Jurisdiction and Powers Ordinance posted below the video. This law requires that any Eretz Yisrael/Palestine territory the IDF enters, be placed under Israeli civilian law and may not be treated different than any other territory in Israel. The law clearly prohibits discrimination against any Israeli citizen living anywhere in historic Jewish territory under Israeli control. It also appears to imply that unless Ehud Barak’s approval is needed for all other housing in Israel, the requirement of the Defense Minister’s signature in Judea and Samaria would violate this law.
Though the Eshkol Government attempted to bypass this law by passing a second law in 1967, the Government made a major error.
Watch the video to understand why. This is basic legal foundation in my campaign to end the illegal military rule in Judea and Samaria.
AREA OF JURISDICTION AND POWERS ORDINANCE
No.29 of 5708-1948*
THE PROVISIONAL COUNCIL OF STATE hereby enacts as follows :-
1. Any law applying to the whole of the State of Israel shall be deemed to apply to the whole of the area including both the area of the State of Israel and any part of Palestine which the Minister of Defence has defined by proclamation as being held by the Defence Army of Israel.
2. Any person or body of persons competent by virtue of a law as aforesaid to hold office or act in the whole of the State of Israel shall be deemed to be competent to hold office or act in the whole of the area including both the area of the State of Israel and any part of Palestine which the Minister of Defence has defined by proclamation as being held by the Defence Army of Israel.
3. This Ordinance shall have effect retroactively as from the 6th Iyar, 5708 (15th May, 1948), and all acts done which, but for the provisions of this Ordinance, would be without effect are hereby validated retroactively.
4. This Ordinance may be cited as the Area of Jurisdiction and Powers Ordinance, 5708-1948.
12th Elul, 5708 (16th September, 1948)
and Minister of Defence
Minister of Justice