Military Court Watch

Military orders

On 7 June 1967, Military Order No. 2 was issued imposing martial law on the West Bank. For more than four decades this order has authorised successive Israeli military commanders to exercise full legislative, executive and judicial authority over the Palestinian civilian population. There are now over 1,800 military orders covering a multitude of issues.

The most important military order is MO 1651 which has been amended and reconstituted on many occasions since it was first introduced in 1970. This order outlines the jurisdiction of the courts; regulates the rules of evidence, practice and procedure; and contains the military criminal code for the West Bank. As such, the order regulates the arrest and detention of suspects and establishes a list of crimes and punishments. The types of crimes or “security offences” listed in the order range from causing death, throwing objects including stones, participating in protests and attending political meetings at which more than 10 people are present.

Military Order	Start date	Details	Order
MO 1827	February 2020	This order seeks to impose liability on banks holding accounts for Palestinian families of prisoners receiving funds from the Palestinian Authority relating to the detention.	He
MO 1822	September 2019	This order provides that hearings involving minors will be held in camera but "authorizes the court to allow a person or types of persons, including the victim of an offense, to be present at the time of the hearing, all of it or part of it."	He, En
MO 1818	October 2019	This order gives military judges a discretion to order the production of a social welfare report ("detention report") at remand hearings to determine whether a child should be released on bail, and on what conditions.	He, En
MO 1799	June 2018	Permits victims of crime to attend proceedings in the military courts even in the case of closed hearings involving minors.
MO 1798	April 2018	This order reduces a number of time periods relating to children in the military courts including: maximum period of detention before being brought before a judge; maximum period of detention prior to indictment; maximum period of detention between indictment and conclusion of the trial.	He, En
MO 1754	June 2015	An order to apply parts of the Penal Code to the West Bank.	He, En
MO 1745	September 2014	This order amends MO 1651 and provides for the audio-visual recording of police interrogations of minors in “non-security” related offences in the West Bank. The order also stipulates that the interrogations should be conducted and documented in the language of the accused.	Ar, He, En
MO 1727	October 2013	This order consolidates a range of previous orders including: the appointment of legal counsel by the court; the presence of parents at the trial; the establishment of separate detention facilities for children; the creation of juvenile military courts; and the age of majority.	Ar, He
MO 1726	October 2013	This order amends MO 1651 and reduces the time period in which a child can be held on remand before being charged from 150 days to 130 days.	Ar, He
MO 1711	April 2013	Reduces the period of time in which a child must be brought before a military court judge following arrest. The new order reduces the time period from 4 days to 24 hours, in the case of children aged 12 and 13, and 48 hours for older children.	Ar, He
MO 1685	August 2012	Reduces the period of time in which adults and children must be brought before a military judge following arrest. The new order reduces the time period from 8 to 4 days.	Ar, He
MO 1676	September 2011	Stipulates that children aged 16 and 17 must now be tried in a military juvenile court but are still subject to the same sentencing provisions as adults. New procedures for notifying parents of arrest. New procedures for notifying child of right to consult with a lawyer.	Ar, He, En
MO 1651	May 2010	Consolidates a number of existing military orders and includes the military criminal code and rules of evidence, practice and procedure. This order includes: A list of offences; A section on administrative detention; A section on the military juvenile court; and Provisions for evidence, practice and procedure.	Ar, He, En
MO 1644	September 2009	Establishes a military juvenile court.	En
MO 144	October 1967	Introduced an amendment to MO 3 by removing Section 35 and all references to the Fourth Geneva Convention.
MO 101	August 1967	Restricts "politcal" gatherings of 10 or more persons without a permit from the Israeli military commander. The prescribed sentence for this offence is 10 years imprisonment.	En
MO 3	June 1967	Section 35: "A military court and the administration of a military court shall fulfill the provisions of the Geneva Convention dated August 12, 1949 Relative to the Protection of Civilian Persons in Time of War, in all matters related to legal proceedings, and in all case of contradiction between the Order and the aforesaid Convention, the provisions of the Convention shall prevail."

Some provisions of Israeli civilian law have also been incorporated by reference into military law, most notably provisions relating to procedure and evidence. So for example, Section 86 of MO 1651, provides as follows: “Concerning the laws of evidence, the military court will act in accordance with the obligatory rules in criminal matters in courts within the State of Israel.”