The War on Hamas: Special Situations and Emergency Events
The minister of national security declared a civil emergency event on October 7th, the first time in Israel's history such an ordinance was used. What is the difference between a "special home front situation" and a "civil emergency?"
Photo by Chaim Goldberg/Flash90
On October 7, 2023, Hamas launched a combined offensive against Israel that included massive rocket fire against Southern Israel, Jerusalem, and Central Israel, along with terrorist incursions throughout the Gaza border area. On the same day, at 8 a.m., the defense minister declared a special home front situation in the Gaza border region. At 6 p.m., the minister for national security conveyed to the Israel Police commissioner that he had declared a civil emergency event throughout the State of Israel, with the exception of the area within a radius of 80 kilometers from the Gaza Strip, in which a special home front situation had already been declared. Several hours later, at 9 p.m., the defense minister declared an expansion of the special home front situation to apply to the entire country.
On October 8, the government passed Resolution 941, extending the defense minister’s declaration of a special home front situation. This government decision was submitted for ratification by the Knesset Foreign Affairs and Defense Committee on October 9, and the Committee announced that it would continue discussing the government’s request over the next few days.
Here, we provide a concise explanation of the various declarations issued so far during Operation Swords of Iron.
The Civil Defense Law (1951) cites two situations involving armed conflict in which IDF forces are granted special powers in the civilian domain: The first is that of an “attack situation,” in which Israel comes under military attack; and the second is a “special home front situation,” which is declared when there is a high likelihood of an attack on the civilian population in all or part of the State of Israel.
The law grants the authority to declare a special home front situation to the government (or to the minister of defense, if the government does not declare one).[1] A government declaration of a special home front situation must be ratified by the Knesset Foreign Affairs and Defense Committee within five days. By contrast, a declaration made by the defense minister will expire within 48 hours unless it is extended to five days by the government, in which case it will need to be further extended by the Foreign Affairs and Defense Committee.
As noted, on the morning of the outbreak of the current war, the defense minister declared a special situation. This was subsequently extended by the government and then submitted for the approval of the Foreign Affairs and Defense Committee, which chose to continue considering this request at another meeting.
Declaring a special home front situation allows IDF forces to wield various powers in the area stated in the declaration. Examples include:
- Certain senior IDF officers[2] are empowered to require that civilians remain in shelters, to ban or restrict studies in educational institutions, and to issue instructions about personal equipment and supplies for civil defense purposes.
- IDF Home Front officers are empowered to issue any reasonable instruction to any person, and to prevent entry into or exit from a certain area in order to safeguard lives or property.[3]
- IDF Home Front soldiers are allowed to enter any location in order to perform their duties.[4]
Similarly, police volunteers can assist with emergency tasks, including helping evacuate citizens from disaster areas and areas under threat.
In addition, declaring a special home front situation grants powers to government ministers, as laid down in various laws. For example:
- The minister of labor is entitled to issue orders ensuring that work is carried out in essential factories or factories for essential services.[5]
- The minister of labor is entitled to permit the employment of workers beyond regular working hours.[6] Indeed, the Ministry of Labor published a draft announcement on October 9 providing a general permit to employ workers beyond regular working hours, intended to allow the Israeli economy to cope with the changes caused by the declaration of a special situation and by widespread worker absences.
- The minister of communications can order media and communications organizations to cease their activities, to carry out certain activities, or to place their systems at the service of the security forces.[7]
- The minister of the interior can allow local authorities to operate outside of their area of jurisdiction and assist other local authorities.[8]
Beyond the powers granted, declaring a special home front situation also grants several rights to citizens in the area affected. For example, employers are not allowed to fire workers for being absent from work in a situation in which the IDF Home Front has forbidden citizens from going to work.[9] Similarly, the banking ombudsman is entitled to rule that banks are not to place restrictions on bank accounts or account holders because of checks that are declined.[10] In addition, electricity providers are forbidden from disconnecting debtors from their electricity supply during a special home front situation.[11]
It should be noted that declaring a special home front situation, in itself, does not extend automatic compensation to businesses that suffer losses or to those whose property is damaged. These are separate arrangements, detailed in the Property Tax and Compensation Fund Law (1961), according to which compensation can be received for war damage—that is, physical damage caused by acts of war[12]—and for indirect damage (losses or loss of profits incurred as a result of war damage) in border locations, as declared by the minister of finance. In this context, it is worth noting that some have argued that the list of declared border locations is out of date and unsuitable to current circumstances.[13]
In addition to this law, temporary regulations have been issued in the past by the finance minister to enable case-specific and time-limited compensation mechanisms for damage caused by wars and operations in recent years.[14]
On October 7, Israel’s minister of national security declared a civil emergency event, applying to the entire country for a period of two days. The minister specified that this civil emergency event would not apply to areas within a radius of 80 kilometers from the Gaza Strip, with regard to which a special home front situation had already been declared. This is because the national security minister is not empowered to declare a civil emergency event in an area covered by a special home front situation; this can only be done by the minister of defense. However, as stated above, several hours after the national security minister’s announcement, the defense minister declared that the special home front situation would now apply to the entire country. Thus, it would appear that the national security minister’s declaration of a civil emergency event was no longer effective from that point on.
According to the Police Ordinance, a civil emergency event is an event that causes severe harm to public safety, life, or property affecting a large area or population, including natural disasters, environmental disasters, chemical or biological disasters, large-scale accidents, or hostile terrorist activity. A civil emergency event is usually declared by the minister of national security, with this declaration being valid for two days and the minister entitled to extend it to up to four days. Extending a civil emergency event to a period of a week requires a government resolution to be passed, and further extensions require another government resolution and ratification by the Knesset Foreign Affairs and Defense Committee. In an area in which a special home front situation has been declared, it is the defense minister who has the sole power to declare a civil emergency event.
During a civilian emergency event, the Israel Police is responsible for command and control activities. Police powers in such an event can be divided into two main categories: First, the power to issue instructions to rescue organizations, including in regards to their activity and the operation of their equipment; and second, powers vis-à-vis the public which may infringe on certain human rights, such as freedom of movement and property rights, in order to save human life or safeguard human property. These latter powers are to be exercised to the minimum extent necessary. Thus for example, if an emergency event is declared, police officers may enter any domain if it is necessary for them to perform their duties, including with the use of reasonable force, as long as they identify themselves to the people there, announce the purpose for which their entry is necessary, and warn them that they are prepared to use force in order to enter.
The declaration made this week by the national security minister was somewhat surprising, in that it is not entirely clear whether it was necessary, and why the event—clearly of a defense nature—was not handled by the minister of defense. To the best of our knowledge, this is the first time a minister of national security has declared a civil emergency event in Israel. The option for such a minister to do so was created in 2005, to facilitate response to civilian disasters, including large-scale accidents or natural disasters, as well as hostile terrorist actions. These are to be distinguished from military actions such as Operation Pillar of Defense and Operation Protective Edge, which are not considered civilian events. Over the years, this option has not been exercised, even following major civilian events such as the Carmel Forest fire or the COVID pandemic. In May 2021, during Operation Guardian of the Walls, a civilian emergency event was declared in Israel for the first time, but this was done by the minister of defense. The declaration referred to the municipal jurisdiction of the city of Lod, but because a special home front situation had already been declared for this territory, it was the minister of defense who declared a civil emergency event, and not the minister of internal security.[15]
A special home front situation applies when there is a “special” emergency situation in which the IDF requires powers it does not normally possess.
By contrast, ever since the establishment of the state, Israel has continually been in an “emergency situation” according to the Basic Law: The Government, a situation that the Knesset has repeatedly renewed over time. In this unceasing emergency situation, several laws and ordinances remain in place, and the government is able to pass emergency regulations in order to protect state security and public safety, and ensure the provision of essential supplies and services. Emergency regulations usually apply for a period of three months (with the option for them to be extended), and they allow the government to override Knesset legislation and to introduce or increase taxes.
Over the years, emergency regulations have been passed by the government in various cases, including to enable the implementation of economic policy—for example, to provide rapid housing solutions in response to the waves of immigration from the former Soviet Union in the early 1990s. According to a ruling by the Supreme Court, the government is not to use emergency regulations in cases in which the Knesset can exercise its authority and pass a law quickly and in an orderly fashion, and consequently there has been a decline in the use of such regulations. However, following the outbreak of the COVID pandemic, the government used this power on an almost daily basis, among other things in order to place restrictions on social gathering, to extend financial aid to citizens, and more.[16]
The decision to go to war is taken by the government, or by the cabinet if it has been empowered to do so and does not rest solely with the defense minister. This decision in and of itself does not grant special powers to bodies such as the IDF Home Front or the Israel Police regarding civilian affairs.
[1] Section 9(c) of the Civil Defense Law.
[2] Section 9(d) of the Civil Defense Law grants these powers to the following officers: The IDF chief of general staff; his deputy; the head of the IDF General Staff Division; the head of the IDF Civilian Defense Corps; and any IDF officer with the rank of major general serving as the head of one of the IDF regional commands, regarding the region under their command.
[3] Section 9(e) of the Civil Defense Law.
[4] Section 9 of the Civil Defense Law.
[5] Emergency Employment Service Law (1967).
[6] Hours of Work and Rest Law (1951).
[7] Communications Law (Bezeq and Broadcasts) (1982).
[8] Local Authority Ordinance (new version).
[9] Emergency Protection of Workers Law (2006).
[10] Declined Checks Law (1981).
[11] Electricity Market Rules (standards for the level, type, and quality of service provided by external service providers) (2018).
[12] On October 8, 2023, the Israel Tax Authority opened an online claims system to the public to apply for direct damage compensation, in the case of damage to property caused by Operation Swords of Iron: https://www.gov.il/he/service/online-direct-damage-claim.
[13] Knesset Foreign Affairs and Defense Committee legal team, Legal review: Declaring a special home front situation, May 12, 2021.
[14] Ibid.
[15] Ibid.
[16] Guy Lurie, Amir Fuchs, and Daphne Benvenisty (2023), Emergency regulations: A proposal for constitutional reform, Policy Proposal 53, Israel Democracy Institute.