We summarise our previous postings on Emergency (Defense) Regulations 1945.
1) This law is a British law enacted during the Mandatory Period
2) Two days before Israel declares a state, this law has been revoked
3) Instead of adopting a formal constitution, Israel reinstates this law
4) This law is used on Palestinians only
5) Israel states this law is applicable as Jordan has never gazetted the law
6) But the law itself says it doesn’t need to be gazetted
7) This law states that civil offences go to civil court, but Israel sends Palestinians to Military Courts
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[SELECTIVE PROSECUTION. HOME DEMOLISHMENT. PART III : PROCEDURAL LEGALITY]
We attach the legislation that allows the practise of home demolishment to continue.
Regulation 119(1) of the Defence Emergency Regulations (enacted during British Mandate) provides few elements to affect validity.
The first is that there must be an emergency proclaimed by a person authorised to do so. In Israel, there are certain areas that have been proclaimed as an emergency, only in these areas can the Emergency Regulation be applied.
Next, the house intended to be demolished is to be forfeited to the local government, the Palestinian government. The third last line uses the word ‘and’ shows that this is an additional element to be complied with, being the house must be forfeited to the local government first.
The second line onwards lists out the type of offences that are may impose the house demolishment punishment which is mainly on firearms and explosives other than offences against the Emergency Regulations involving violence or intimidation or any Military Court Offences. Only on these listed offences that the house demolishing order may be imposed.
There is a number of legal grey areas and it is doubtful whether the Military Commander has complied with the elements and procedures vetted out by the Emergency Regulation as :
The area must be declared an emergency
The house must be forfeited to the local government
Only listed offences
We demand that this abusive legislation be put to an end. If the purpose is to deter violence, why has it not been imposed equally on settlers?