Ban on Israelis flying out raises legal red flags, with many needing to leave
Watchdog group says cabinet resolution establishing exceptions committee to grant some citizens permission to depart may violate constitutional right
Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter
Broad government restrictions against flying out of the country in the wake of Israel’s attack against Iran last Friday are facing tough legal questions, as apparently large numbers of Israeli citizens seeking to leave the country for various reasons are currently being prevented from doing so.
Although small numbers of foreign citizens and Israelis have been able to leave through sea and land borders, Israeli citizens have not been able to buy plane tickets out of Israel, apparently due to concerns for aviation security during the ongoing conflict with Iran.
One private attorney who is preparing a petition to the High Court of Justice has received requests for help from dozens of Israelis who need to leave the country for a variety of reasons, including some who simply live abroad with their families but have been stranded in Israel since the beginning of Operation Rising Lion against Iran.
Meanwhile, the Movement for Quality Government has demanded that the government explain a cabinet resolution it passed on Wednesday, conditioning flying out of the country on approval by a government-led exceptions committee.
The watchdog group said the resolution was especially problematic in light of the explicit constitutional right to leave and enter the country laid down in Basic Law: Human Dignity and Freedom, as well as previous High Court rulings determining the right to be fundamental in a democratic country.
Transportation Minister Miri Regev said Thursday night that Israel was preparing to operate outgoing departure flights starting Monday to help tourists, diplomats and Israelis leave the country, subject to the approval of the exceptions committee.
But the Movement for Quality Government expressed concern over the criteria for approval by the committee, and insisted they must be transparent and applied fairly and equally to all those seeking to leave the country.
On June 13, following Israel’s attack on Iran, the government closed Israel’s airspace, Ben Gurion Airport was evacuated, and all flights in and out of the country were canceled.
On Wednesday night, the government passed a cabinet resolution creating a formal framework and program for repatriation flights from abroad back to Israel, which has now gone into effect.
In the same resolution, the government also determined that when commercial flights become possible, once conditions regarding “aviation safety, security and public safety” are fulfilled, a government steering committee will establish criteria for dealing with requests to leave Israel.
The resolution did not state when that process would go into effect, leaving many people with no idea when they will be able to leave the country.
Regev said Thursday night that, initially, the exceptions committee will give priority to tourists, diplomats, youth and sports groups, and those with urgent humanitarian and medical needs who have been stranded in the country
Dr. Yifat Solel, a private attorney and expert in public law, said that dozens of people who need to leave Israel had turned to her for help, and that on the basis of those requests, she estimates that far larger numbers of people have been stuck in Israel.
Foreign citizens have been able to leave, she noted, while Israelis requesting to buy tickets out of Israel have been told by the commercial airlines that they cannot sell tickets to them.
Solel said that the Israeli citizens seeking help from her had numerous reasons for wanting to depart, including some who were seeking medical treatment abroad, people needing to care for relatives or tend to their businesses abroad, and others whose families and center of life are in a foreign country.
In a letter to the government and the attorney general filed on Thursday, the Movement for Quality Government said the policy amounted to a departure ban based on security concerns, and pointed out the right to leave and enter the country enshrined in the Basic Law.
The organization said that government action impinging on basic rights can only be implemented through legislation, or at the very least in times of emergency through formal regulations, not a mere cabinet resolution.
Even if the ban were to be enacted more formally, the Movement for Quality Government said it would likely not pass legal muster in the High Court since it was a blanket ban for an unspecified period of time.
The group requested that the steering committee publish its criteria for leaving the country, and ensure that the criteria were established on “an equitable and pertinent” basis and with the input of the government legal advisory service.
“The government’s conduct raises concerns that this is a decision that was made carelessly and without considering a proportionate solution that balances security needs with protecting the fundamental rights of Israeli residents,” the organization wrote in a message to the government.
It also asked for clarification as to the government’s authority to impose such a ban, a step that, if not adequately answered, could result in a petition to the High Court against the cabinet resolution.
Solel said that she herself was in the process of drafting a High Court petition on behalf of those who have turned to her for help if the matter is not resolved adequately in short order.
Sharon Wrobel contributed to this report
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