Monday, June 20, 2005
Permanent state of emergency II posted by Richard Seymour
The Permanent State of Emergency in liberal-democracies is the strategy of justification behind many authoritarian measures.Israel has maintained a legal state of emergency since 1948 , and this has been used to derogate from international legal obligations. According to the United Nations, much 'emergency legislation' has simply become part of the day to day running of Israel.
In fact, Yuval Yoaz writes in Haaretz that although it is generally agreed among Israelis that this state of emergency should be terminated, it is problematic for the government because it would deprive them of the use of too many harsh laws they presently deploy with immunity. For instance, many of the colonial laws imposed under the British Mandate continue to be used by Israel: "laws upholding emergency regulations regarding traveling abroad, the law to prevent infiltration, the law enabling the army to commandeer private property, the seafaring vessels law, the emergency laws for arrests, searches and land confiscation, the law supervising goods and services and the law prohibiting baking at night."
The mass demolition of houses, the theft and destruction of Palestinian property, restrictions on their right to move - all are justified in legal terms through the use of Mandate legislation, legitimised by the 'permanent state of emergency'.