Local Law, Military Orders and Administrative Law

Abstract

When the IDF took control over the West Bank and Gaza in 1967 it issued a proclamation that the local law would remain in force subject to changes made by military orders. This chapter discusses the Court’s approach to various issues concerning the local law and its relationship with orders promulgated by the military commander, including the scope of judicial review over such orders. The Court has held that since the military commander is an arm of the Israeli government, his actions in the Occupied Territories, including promulgation of military orders, are subject to the rules of Israeli administrative law. The chapter concludes by addressing the role of administrative law in judicial review over actions in the Occupied Territories.