“Hamas made a major mistake this morning. We are in a state of war,” declared Israeli Defense Minister Yoav Galant on Saturday morning, October 7, a few hours after the Hamas attack on Israel. The Palestinian terrorist organization entered Hebrew territory by sky, sea and land creating a total effect of surprise.
In response, Yoav Galant quickly declared a state of emergency on October 7. Later, on the night of Saturday to Sunday, Israel’s security cabinet also announced, in the presence of Prime Minister Benjamin Netanyahu, the formalization of the “state of war”. This restricted ministerial council, which deals with security and political affairs in Israel, acted in accordance with Article 40 of the Israeli Basic Law, the Israeli government press service said.
Before entering into force, the text must be submitted for approval to the Israeli Parliament (Knesset), a vote which was to be held this Monday, October 9. The government also asked the Knesset to approve the activation of emergency regulations that would allow prisoners to be detained for long periods without being brought before a court, reports The Jerusalem Post.
A few hours after the start of the Hamas attack, the Minister of Defense declared a state of civil emergency “within a radius of 0 to 80 km from the Gaza Strip”, before extending it to all the country. The objective: “to avoid clashes on other fronts (…) and avoid unrest in hundreds of points across the country”, we can read in a press release from the Ministry of Defense. “This will allow law enforcement to exercise additional responsibilities.”
In the event of a state of civil emergency, according to the law, the police can concretely impose curfews but also declare areas prohibited for citizens without prior warning. She can also order citizens to make their personal effects and equipment – such as vehicles and weapons – available to law enforcement, AFP recalled.
“It is a capacity to mobilize civilian elements,” underlines Richard Odier. “This concerns collective goods, food, hotel, tourist residence, vehicle,” specifies the general director of the Unified Jewish Social Fund (FSJU). Under these conditions, the police have the right to use “reasonable force” against civilians who do not comply with their orders and refuse to hand over their property. Although the provisions are therefore important, a state of emergency is not extremely rare and has already been declared in recent years.
Quite exceptional, the state of war had not been activated since the Yom Kippur War in 1973. This provision essentially allows the Israeli authorities to carry out “significant military activities”, the Prime Minister’s office clarified on Sunday. Benjamin Netanyahu.
It also increases “the coverage of damage reimbursements for civil damage”, specifies Richard Odier, general director of the FSJU. According to him, this is one of the most important specificities of this status. The state of war thus extends the protective covers for civilians. This “war economy” protects citizens from all the problems caused by the fact that the state and society are caught in conflict.
The state of war also confers the right to the executive “to cancel all events, including cultural events” and therefore to block “civil activities,” continues Richard Odier.
