Demonstrations in the territories

Military law

Published: 
8 Sep 2011

In August 1967, two months after the end of the war, OC Central Command signed Order No. 101 – "“Order Regarding Prohibition of Incitement and Hostile Propaganda Actions”. Since then, the order has been amended several times and is still valid in the West Bank.

According to the order, any assembly, vigil, or procession of ten or more persons requires a permit from the commander of the military forces in the area, if the gathering is intended for the purpose of “a political matter or one liable to be interpreted as political, or to discuss such a matter,” or “for a political goal or for a matter liable to be interpreted as political.” These provisions apply to any gathering – both in the public realm and in the private realm, including in a person’s home. The military commander may order the closure of any place where a public gathering is taking place.

Under the heading “Incitement,” the order prohibits any person from attempting “to influence public opinion in the Area in a manner liable to impair public well-being or the public order.” The order also prohibits the intention to do so, or to facilitate the execution of such an action. The order further prohibits any activity in a public place attesting to identification with, or support for, hostile organizations or unlawful associations, as these are defined in military law.

The order also restricts publications of any kind that “contain material that has political meaning,” and prohibits the distribution of such materials without the approval of the security forces. The types of prohibited publications include any printed, photographed, recorded, or filmed material, or material of any other form, including newspapers, journals, files, and documents, even if these are produced on a one-time basis. The display of national symbols is also prohibited unless a special permit is obtained from the military commander.

The power to grant permits in accordance with the order rests with the military commander, though he is “permitted to empower any soldier or police officer from the police forces to exercise his powers in accordance with this order.” In addition, “any soldier shall have the authority to use the required degree of force” to enforce the order.

The order establishes that a person who violates its provisions shall be liable to ten years’ imprisonment, a fine, or both penalties together.