Despite constitutional concerns, Knesset passes law on deporting terrorists’ relatives
Law ‘not constitutional in any way, shape or form,’ says rights group ACRI; Israel Democracy Institute predicts legislation will be struck down by High Court
Sam Sokol is the Times of Israel's political correspondent. He was previously a reporter for the Jerusalem Post, Jewish Telegraphic Agency and Haaretz. He is the author of "Putin’s Hybrid War and the Jews"
The Knesset on Thursday morning gave final approval to two bills permitting the deportation of family members of terrorists and the incarceration of terror convicts under the age of 14.
The first bill, sponsored by Likud MK Hanoch Milwidsky, was approved 61-41 in its third and final reading just before 3 a.m.
The controversial law gives the interior minister the power to expel a first-degree relative of someone who carried out an attack if they had advance knowledge and either: (a) failed to report the matter to the police or (b) “expressed support or identification with an act of terrorism or published words of praise, sympathy or encouragement for an act of terrorism or a terrorist organization.”
It expressly applies to Israeli citizens, who would retain their citizenship even after being expelled from the country. It stipulates that after receiving information regarding an individual, the minister will convene a hearing during which a suspect will have the right to present a defense. The minister will then have 14 days to make a decision and sign a deportation order.
Both the the Justice Ministry and the Attorney General’s Office had raised concerns about the legislation, which stipulates that those being expelled would be sent either to the Gaza Strip or other destinations, depending on circumstances, for 7-15 years for citizens or 10-20 years for legal residents.
The bill passed at the end of a fiery debate in which opposition lawmakers argued that it would not succeed in preventing more terrorist attacks.
“Yigal Amir’s family will not be deported anywhere,” MK Merav Michaeli (The Democrats) declared angrily, referring to the assassin of former Prime Minister Yitzchak Rabin.
Launching a similar attack against the bill, Yesh Atid MK Mickey Levy asked “whether you will deport Ben Gvir’s family,” a reference to National Security Minister Itamar Ben Gvir’s conviction in his youth for incitement to violence and supporting a terror group.
During the debate, Otzma Yehudit MK Almog Cohen repeatedly accused MK Ofer Cassif, the only Jewish member of the Arab-majority Hadash-Ta’al party, of being an enemy of Israel.
“Don’t worry. I promise we will expel the families [of terrorists] and you as well,” he screamed, approaching the podium as Cassif spoke against the bill. “You are a terror supporter.”
מדוע חייך ח"כ עופר כסיף אל ח"כ אלמוג כהן, ומה הבטיח לו חבר הכנסת מעוצמה יהודית? צפו@almog_cohen08@ofercass pic.twitter.com/Pif5si1sJn
— ערוץ כנסת (@KnessetT) November 7, 2024
Last week, Knesset ushers had to physically retrain the two lawmakers during a confrontation over the bill ahead of a vote in the Knesset House Committee advancing it to the plenum for its final two readings.
“This is a historic and important day for all citizens of Israel,” Ben Gvir said in a statement welcoming the bill’s passage, which he said “sends a clear message [that] the State of Israel will not allow the families of the terrorists to continue enjoying life as if nothing had happened.”
“From today onwards, every father, mother, child, brother, sister or spouse who identifies with and supports their family member who harmed the citizens of Israel will be deported,” he declared.
Opposition party Yisrael Beytenu chairman Avigdor Liberman also welcomed the bill’s passage, tweeting that “anyone who knew [about terror plans] and did not report them [or] supported, incited and expressed sympathy for the acts of terrorism will be deported.”
Constitutionally questionable
Speaking with The Times of Israel last week, Oded Feller, the director of the Association for Civil Rights in Israel’s legal department, dismissed the bill as “populism” — stating that it was “unclear how this will work on a practical level” and asserting that there were many ramifications of deporting a citizen that lawmakers had failed to address.
“The minister decides [to expel someone] and you put him on a plane? You throw people over the border with the Gaza Strip?” he asked. “It’s not constitutional in any way, shape or form. If there is one thing that citizenship ensures, it’s that you are not deported.”
Eran Shamir-Borer, a senior researcher at the Israel Democracy Institute and a former international law expert for the Israeli military, agreed, telling the Associated Press that the law is likely to be struck down by the High Court of Justice.
He said that if a resident of East Jerusalem was deported under the law, it could be seen by many in the international community as a violation of the Fourth Geneva Convention, because they view the area as occupied territory, although Israel doesn’t.
The deportation of an Israeli citizen could be seen not only as a violation of their constitutional rights under Israeli law, but also as a breach of their human rights under international law, he said — calling the bill “completely non-constitutional and a clear conflict to Israel’s core values.”
Youth detention
Lawmakers subsequently approved a law allowing for the incarceration of terror convicts under the age of 14 in a 55-33 vote.
According to the law, which was passed as a temporary measure lasting for five years, judges will be empowered to sentence minors between the ages of 12 and 14 convicted of terrorist murder, manslaughter and attempted murder to prison terms. Under the new law, convicted minors will be held in a closed residential facilities until they turn 14, after which they can be transferred to regular prisons.
An identical law that was passed in 2016 following a series of attacks carried out by teenagers and other minors expired in 2020.
According to the law, upon turning 14, the minor convict will be entitled to a hearing to determine whether to transfer them to prison, shorten the sentence or cancel it entirely.
The Associated Press contributed to this report.
