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Defence (Emergency) Regulations
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Defence (Emergency) Regulations : ウィキペディア英語版
Defence (Emergency) Regulations


The Defence (Emergency) Regulations are an expansive set of regulations first promulgated by the British authorities in mandatory Palestine in 1945. Along with the entire body of Mandate legislation, they were incorporated into Israel's domestic legislation after the state's establishment in 1948, except for provisions explicitly annulled. They remain in force today with many amendments.
The regulations as amended form an important part of the legal system in the West Bank.〔 They permit the establishment of military tribunals to try civilians, prohibitions on the publication of books and newspapers, house demolitions, indefinite administrative detention, extensive powers of search and seizure, the sealing off of territories and the imposition of curfews.〔
==British Mandate==

In the midst of the Arab revolt, the British government passed the "Palestine (Defence) Order in Council, 1937", authorizing the British High Commissioner in Palestine to enact such regulations "as appear to him in his unfettered discretion to be necessary or expedient for securing public safety, the defence of Palestine, the maintenance of public order and the suppression of mutiny, rebellion, and riot and for maintaining supplies and services essential to the life of the community."〔Palestine Gazette, March 1937, quoted by Bracha, ''loc. cit.''〕 In 1945, such regulations as had been introduced, and many others, were declared as the "Defence (Emergency) Regulations, 1945".〔 They consisted of 147 regulations occupying forty-one pages of the Palestine Gazette.〔Supplement No. 2 to The Palestine Gazette No. 1442 of 27 September 1945. Pages 1055–1095.〕 Professor Alan Dowty writes that the Regulations reflected the preoccupations of a colonial power facing widespread unrest and the threat of war, and effectively established a regime of martial law.〔
A major part of the Regulations concerned military courts, which could be established by the chief military commander as he deemed necessary.〔Regulation 12. Also cited by Bracha, ''loc. cit.''〕 Such courts could try any person for offences committed under the Regulations.〔 Trials would be conducted summarily by three military officers, with no limits to what evidence could be admitted, and no right of appeal.〔Regulations 13, 20, 21, 30. Also cited by Dowty and Bracha, ''loc. cit.''〕 Police and military officers were given authority, on the basis of a suspicion of a violation of a Regulation, to search any place or person and seize any object.〔Regulations 75–78. Also cited by Dowty and Bracha, ''loc. cit.''〕 Indefinite detention without trial could be imposed by the High Commissioner or a military commander, and any person could be deported even if they were native-born.〔 Extensive powers of censorship, suspension of civil courts, expropriation of property, closure of businesses, and imposition of curfews were also granted.〔
Although emergency regulation were first introduced in response to Arab rebellion, they were also used against Jewish militant organizations like the Irgun and to fight illegal immigration of Jews. The Jewish population in Palestine vigorously protested the Regulations after they were first issued.〔〔 Bernard (Dov) Joseph, who later became the Israeli Minister of Justice, said that the Regulations "deprived (country ) of the elementary protection which the laws of any civilized country afford its inhabitants",〔 while Richard Crossman, a member of the Anglo-American Committee of Inquiry in 1946 concluded that, "Palestine today is a police state."〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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