As a result of existing martial law, almost all rallies and demonstrations in the Occupied Territories fall under the broad definition of “an illegal assembly.” Military and police forces usually treat these demonstrations as riots that endanger the area's security. Sometimes the demonstrations are dispersed before they even have time to begin. Most demonstrations are dispersed using great force by the different means at the army's disposal.
One of the most common pretexts for breaking up demonstrations and protest events in the territories is closing areas by issuing a closed military zone order, based on Section 318 of the Order regarding Security Provisions. Closing an area represents a declaration on behalf of the military commander that entry to a specific area is prohibited, generally or for a specific population, without explicit permission. The declaration obliges anyone who is in this area to leave it, unless this person is a resident of that area. The order does not apply to the residents of an area that was declared a closed military zone.
Declaring a closed military zone could be illegal, if the very decision to issue it is not based on legal reasons or was not legally made, or when the issuing of the orders was carried out in violation of the regulations detailed below.
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Only the GOC Central Command, the commander of the Judea and Samaria Division or his deputy, a brigade commander, or the commander of the Jerusalem Area Border Police are authorized to order the closure of an area, and such a declaration can be made only when security needs or the need to maintain public order necessitate the closing of the area.
When, during a demonstration, security forces instruct the demonstrators to clear the area because it was declared a closed military zone, the first rule is to demand that they present the closure order. When the order is produced, it should be verified that it is valid, that it indeed applies to the area being closed, and that the following details are included in it:
the exact area to which the order applies (including a verbal description)
the date of expiration (the order must be limited to the shortest period necessary)
to whom the order applies
the signature of an authorized military commander
the date of the signing of the order
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The declaration of a closed military zone can only be made through a written and signed order. Attached to the order, there must be a clear reference map, which delineates the boundaries of the closed area.
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When declaring a closed military zone, the soldiers are required to identify themselves before the persons found in the area that is being closed. If the soldiers do not do so, any person has the right to ask them to identify themselves and they must oblige this request. Refusal to do so, on behalf of the soldiers, justifies filing a complaint.
The soldiers are required to declare the area's closure using the means that seems most effective in bringing the order to the knowledge of all those present in the area. It is the right of every person found in the closed area to ask to see and document the order. It is recommended to keep full documentation of the order that was presented (photo, written details, details of the signatory) if there is any concern for illegal use of the order.
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As stated above, a soldier or police officer is authorized to prevent entry to the closed area from any person to whom the order applies. The soldier or police officer also has the authority to evict violators of the order from the closed area. However, this does not mean that it is permitted to detain or arrest any person present in the closed area. It is permissible to detain or arrest persons found in the area in violation of the order only if they did not follow the instruction to leave the area and only after a reasonable period of time has passed since giving the order to leave.
Illegal use of a closed military zone order is grounds for filing a complaint. Moreover, the military court has ruled that there is no obligation to obey an illegal order from soldiers or police officers and that there is even a right to nonviolently resist such illegal actions.
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Here you will find a list of addresses to turn to in cases of such violations.
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