Department of the Legal Advisor to the Region of Judea and Samaria
The Department of the Legal Advisor to the Region of Judea and Samaria (the West Bank, or the Area) is tasked with providing legal advice to the General Officer Commanding of the Central Command, and to the relevant entities operating under their authority, in order to assist in fulfilling their functions while preserving the security of the area, public order and the rule of law. The department advises the Central Command Headquarters and its divisions, as well as the Civil Administration of Judea and Samaria and the various District Coordination and Liaison Offices. The department also assists the Israel Police, the Israel Border Police, the Israeli Security Agency and the various governmental ministries concerning the law in Judea and Samaria.
The department assists the General Officer Commanding of the Central Command, the Commander of Judea and Samaria Division and the Commanders of the Regional Brigades in fulfilling their responsibilities of preserving security and public order in Judea and Samaria, while undertaking appropriate steps to ensure the security and rights of all the residents of the Area. The department takes an active role in the IDF's efforts against terrorism, by ensuring the legal infrastructure required to deal with terrorist activities, as well as providing ongoing assistance to IDF operational forces. The department also assists the Central Command in formulating emergency operational plans and orders, as well as in formulating a response to the legal issues that are anticipated during an emergency situation.
The department also advises the Coordinator of Government Activities in the Territories and the Civil Administration of Judea and Samaria with respect to the administration of civil aspects in the Area, advice which encompasses a number of different subject matters. These include entering and exiting the Area, the legal status of residents in the Area, planning and construction law in the Area (including law enforcement against illegal construction), legal aspects related to real property in the Area, municipal issues related to Israeli residential areas in the Area, as well as environmental, communication, electricity, economic, agricultural, archeological and quarry related legal issues.
The department assists in drafting and amending legislation in the Area, in accordance with international law and the rulings of Israel's Supreme Court sitting as the High Court of Justice. In this regard, the department assists IDF commanders and the Heads of the District Coordination and Liaison Offices in amending existing laws in the Area in accordance with security and developing civil needs, and to implement, with any necessary changes, Israeli legislation to Israeli residential areas in the Area. Officers in the department have specific expertise in the unique laws that apply in the Area, and work to interpret and apply these laws accordingly.
The department routinely assists with the hundreds of legal proceedings which pertain to the Area, including petitions to Israel's Supreme Court sitting as the High Court of Justice, civil claims, claims in Labor Courts and various other proceedings brought before the unique judicial instances that operate in the Area.
The department works closely with the Area’s IDF commanders, including Commanders of the Regional Brigades, and possesses a deep familiarity with the operational and civil realities of the Area, with the aim of ensuring a suitable legal solution to the various needs and maintaining the security of the Area, all in a manner that is consistent with the rule of law and the obligations of the military commanders.