Local Laws

CRIMINAL PENALTIES: While you are traveling in Israel, the West Bank, or Gaza, you are subject to its laws even if you are a U.S. citizen. Foreign laws and legal systems can be vastly different from our own. In some places you may be taken in for questioning if you do not have your passport with you. In some places, it is illegal to take pictures of certain buildings. Penalties for breaking the law can be more serious than those in the United States for similar offenses. Persons violating Israeli or PA laws, even unknowingly, may be arrested or imprisoned. Penalties for possession, use, or trafficking illegal drugs in Israel and PA-administered areas are severe, and convicted offenders can expect long jail sentences and heavy fines. Engaging in sexual conduct with children or using or disseminating child pornography in a foreign country is a crime prosecutable in the United States. If you break local laws in Israel, the West Bank, or Gaza, being a U.S. citizen will not allow you to avoid arrest or prosecution.

Arrest Notification: While some countries will automatically notify the nearest U.S. embassy or consulate if a U.S. citizen is detained or arrested in a foreign country, that might not always be the case in Israel, the West Bank, and Gaza. To ensure that the United States is aware of your circumstances, request that the police or prison officials notify the U.S. Embassy or Consulate General and request a consular visit as soon as you are arrested or detained. 

Arrests by Israeli Authorities: In some cases, particularly involving security arrests by Israeli authorities in the West Bank and Jerusalem, there have been significant delays between the time of arrest and the time when the Israeli authorities notify the U.S. Embassy or Consulate General of an arrest of a U.S. citizen and grants consular access.  Minor delays in notifying U.S. authorities have also occurred in routine arrests. This is particularly true with any arrest of a dual national when the police are unaware of the detainee’s U.S. nationality. The notification may be expedited if the arrested U.S. citizen shows a U.S. passport to the arresting authorities at the jail or prison, requesting the U.S. Embassy or Consulate General be contacted. Some youths over the age of 14 have been detained and tried as adults. Arrestees have reported mistreatment during interrogation and pressure to sign documents in Hebrew that they do not understand.

U.S. citizens arrested in Israel for criminal or security offenses are entitled to legal representation provided by the Israeli government 

U.S. citizens arrested by Israeli authorities for security offenses, whether in Israel, the West Bank, or Gaza, may be prevented from communicating with lawyers, family members, or consular officers for lengthy periods. Even after notification, consular access to the arrested individual may be delayed. Under local law, individuals detained for security offenses may be held for up to six months without charges.

Arrests by the Palestinian Authority (PA): U.S. citizens arrested by PA law enforcement in the West Bank are entitled to legal representation and may be provided an attorney, depending on the offense. PA security forces normally notify the Consulate General of non-security-related arrests for criminal offenses, but not always in a timely manner. Consular access is normally granted within four days. This procedure may be expedited if the arrested U.S. citizen asks the police to contact the U.S. Consulate General.

Individuals arrested by PA security forces in the West Bank for security offenses may be prohibited from communicating with lawyers, family members, or consular officers for lengthy periods. In addition, they may be held in custody for long periods without formal charges or before being brought before a judge for an arrest extension. The PA often does not notify the U.S. Consulate General of such arrests in a timely manner, and consular access to arrestees is occasionally delayed or denied. 

Gaza: Since Hamas seized control of the Gaza Strip in June 2007, its Executive Forces (EF) have dominated security matters there. The U.S. government has no contact with the EF and cannot assist those arrested in Gaza.  

Court Jurisdiction: Civil courts in Israel actively exercise their authority to bar certain individuals, including nonresidents, from leaving the country until debts or other legal claims against them are resolved. Israel's religious courts exercise jurisdiction over all citizens and residents of Israel in cases of marriage, divorce, child custody, and child support. In some cases, U.S. citizens who entered Israel as tourists have become defendants in divorce or custody cases filed by their spouses in Israeli religious courts. These U.S. citizens have been detained in Israel for prolonged periods while the Israeli courts consider whether the individuals have sufficient ties to Israel to establish jurisdiction. Such visitors should be aware that they might be subject to involuntary and prolonged stays in Israel if a case is filed against them in a religious court, even if their marriage took place in the United States and regardless of whether their spouse is present in Israel.

Purchases of Property: U.S. citizens who buy or lease property in the occupied territories of East Jerusalem, the West Bank, and Gaza may find their ownership challenged by people earlier displaced from those lands. Prospective property buyers should always seek legal advice before buying in these areas. The possible establishment of a Palestinian state may have legal consequences for property owners in Israeli settlements in the West Bank and in Jerusalem.

LGBT RIGHTS: Israel has anti-discrimination laws protecting lesbian, gay, bisexual, and transgender (LGBT) individuals. Acceptance and tolerance of LGBT people varies throughout the country and even from neighborhood to neighborhood. As of August 2014, the Law of Return allows for same-sex spousesof Jews making Aliyah to be eligible to make Aliyah with their spouses and receive Israeli citizenship.

The legal systems in the West Bank and Gaza Strip are based on the 1960 Jordanian penal code which prohibits consensual same-sex sexual activity.  However, the Palestinian Authority (PA) has not been known to prosecute individuals suspected of such activity. Some Palestinians have claimed PA security officers and other residents harassed, abused, and sometimes arrested LGBT individuals because of their sexual orientation or gender identity. NGOs reported Hamas also harassed and detained persons in Gaza due to their sexual orientation or gender identity. Additionally, there are laws barring public displays of affection between members of the opposite sex which also apply to LGBT couples.

LGBT travelers are encouraged to remain vigilant and aware of their surroundings, especially when entering religious or socially conservative areas.

Israel’s Aguda organization provides useful information on LGBT issues in Israel. For more detailed information about LGBT rights in Israel, the West Bank and Gaza, you may review the State Department’s Country Reports on Human Rights Practices for 2013. For further information on Lesbian, Gay, Bisexual and Transgender (LGBT) travel, please read our LGBT Travel Information page.

ACCESSIBILITY: Individuals with disabilities may find accessibility and accommodation very different from that in the United States. Israeli law prohibits discrimination against persons with disabilities in employment, education, access to health care, and the provision of other state services. Legislation mandates access to buildings and transportation, as well as accommodations for persons with disabilities in services and the work place. The government enforces the laws with only limited success. Societal discrimination and lack of accessibility persist in employment and housing. The law mandates accessibility to urban public transportation but not interurban buses. Most train stations maintain access for persons with disabilities; however, many buses still do not have such access. Television stations include subtitles or sign language, and the courts accommodate testimony from persons with intellectual disabilities or mental illness. Tourists will find restaurants, foot paths, and public transportation less accessible than in the United States.