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Israel’s state of emergency extended for a year

The state of emergency, which has been in effect since 1948, allows the government to ignore court rulings and detain people without trial.

A discussion on the state budget at the Knesset assembly hall in Jerusalem, March 12, 2024. Photo by Yonatan Sindel/Flash90.
A discussion on the state budget at the Knesset assembly hall in Jerusalem, March 12, 2024. Photo by Yonatan Sindel/Flash90.

Israel’s Knesset on Tuesday extended by a year the country’s state of emergency, which has been in effect since immediately after its establishment in 1948.

Twenty-nine lawmakers supported the extension versus seven who opposed it, Ynet reported. Two abstained and the remaining 82 were not present during the vote.

The state of emergency certifies the government to take some measures that would otherwise be illegal, including court-mandated detentions without trial—known as administrative detention—and even suspending Supreme Court rulings.

As did previous governments, the current one has made measured use of the authorities granted to it under the state of emergency.

The government’s authority to declare a state of emergency, pending the Knesset’s approval, is codified in Section 38 of the Basic Law: the Government. The Knesset, which may convene a vote to declare a state of emergency independently from the government, usually approves it with a wide majority on an annual basis.

Under a state of emergency, the government may issue emergency orders. In 2020, such emergency orders included tracking of cellular phones to combat the spread of COVID-19.

Following the outbreak of war with Hamas and Hezbollah in October 2023, the government issued several emergency orders, including the decision in May to ban broadcasts in Israel of the Al Jazeera television network. All of the emergency orders issued in 2024 have been war-related, the Israel Democracy Institute, an independent entity that’s critical of the current government, wrote in an overview of the subject.

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