As of January 19, 2007, it will be against the law for a Palestinian to be given a ride in any motor-vehicle licensed in the State of Israel without first receiving a permit from the Israeli Army. The law--created as a 'military order'-- has been drafted to not apply to Palestinians who have a permit to enter, to Israeli bus drivers, and to Israeli soldiers and police who are on duty at the time. There is also an exemption for an Israeli carrying Palestinians who are 'first-degree relatives'. This remarkable largesse on behalf of the Israelis towards 'first-degree' relatives is certain to warm the hearts of Palestinians--oh, unless it is an aunt taking a trip with her niece: That's a problem.
The law further applies unequal punishment to the violating driver and the passenger; while the Israeli driver will face a fine, the Palestinian passenger will be charged in a military court. The law also violates international human rights conventions that Israel has signed regarding the human rights protections of those under its authority. This law is on its face discriminatory, and is yet another sad chapter in Israel's treatment of the Palestinians.
I cannot put it much better than the B'Tselem writer has. As a diarist who has a respect for the law, and appreciates what it takes to carefully draft one, it simply astounds me that something so clearly wrong can make its way through the Israeli political system. If it were not part of a larger pattern and program of abuse, it would be one thing. But, it is consistent with the systemic abuse of Palestinians. Their legitimacy as a democracy is once again questioned by the introduction of another law that is unfair in its application and in its punishment.
Another kos diarist, Assaf, has written on this subject and offer a translation of the military order in that diary, A New Directive from the ‘Of course not Apartheid’ Regime Hotlist.
The two blockquotes are from a press-release on the B'Tselem website.
The penalties prescribed in the order are also discriminatory. Whereas an Israeli who violates the order is tried in a civilian court, where he will not expect a stiff punishment, the Palestinian violator is tried in a military court, where the defendant can anticipate a sentence of up to five years in jail and loss of magnetic card, thus preventing the person from obtaining various permits from the Israeli authorities.
While it is rather shocking that such a law, drafted as a military order, would be drafted, it is simply remarkable that such a law could be implemented by a country that claims to be a democracy. The law, as passed, is also a violation of the International Convention on the Elimination of all Forms of Racial Discrimination of 1966. Israel is a signatory to the Agreement. If you have a moment, read through it and keep this new law in mind.
B'Tselem explains the human rights issues further:
Under international law, Israel must respect the human rights of all persons under its authority. These rights include the right to equality, freedom of movement, maintain family ties and social ties, engage in political activity, and the right to work and earn a livelihood. The military authorities ignore the discriminatory nature of the order and justify it as a military necessity, for example, by restricting the number of Palestinians entering Israel in Israeli vehicles without a permit. However, even assuming that the order advances one security objective or another, the sweeping nature of the order, and the fact that it is not urgent (even in the eyes of the military authorities, who postponed its validity for two months) make the infringement of human rights in this case disproportionate, and therefore illegal.