Israel Enacts Legislation Permitting Deportation of Attackers’ Relatives, Including Citizens

The Israeli legislature has enacted a measure that authorizes the government to expel family members of individuals found guilty of terrorism offenses, a provision that extends to Israeli citizens. This contentious statute, put forth by a representative from Prime Minister Benjamin Netanyahu’s Likud party, encompasses first-degree relatives, specifically the parents, siblings, or offspring of those determined to have committed or aided terrorism. Israeli human rights organizations contend that the law violates the constitution. Some opposition members within the Knesset, Israel’s parliament, have suggested that its application is solely directed at Palestinian citizens of Israel, sometimes referred to as Israeli Arabs. The legislation permits the removal of family members who possessed prior knowledge and either neglected to report the incident to law enforcement or “expressed support or identification with an act of terrorism.” Relatives of individuals who disseminated “praise, sympathy or encouragement for an act of terrorism or a terrorist organisation” may also face deportation. Such expulsions would be carried out under the directive of the interior minister. During the bill’s deliberation, certain Knesset members implied it would not be applied to Jewish extremists, as reported by the Times of Israel website. Opposition parliamentarian Merav Michaeli stated, “Yigal Amir’s family will not be deported anywhere,” referencing the assassin of former Prime Minister Yitzhak Rabin, a Jewish extremist. Mickey Levy inquired “whether you will deport Ben Gvir’s family,” alluding to National Security Minister Itamar Ben Gvir’s conviction in his youth for inciting violence and backing a terror group. Dr. Dahlia Scheindlin, an Israeli political analyst, informed the BBC that there was “no question” the law was intended for Israeli Arabs and Palestinians. Dr. Scheindlin remarked, “It is very unlikely that a Jewish citizen of Israel would ever be deported under this law.” She clarified that this is “clear from certain provisions in the law itself but also important elements which will determine how the law is applied, including that in normal Israeli parlance, the term ‘terror’ is almost never applied to Jewish acts of violence against Palestinian civilians.” Approximately 20% of the nation’s populace consists of Palestinian citizens of Israel. Last month, a truck that struck a bus stop in central Israel, resulting in one fatality and dozens of injuries, was operated by a man identified by authorities as a Palestinian citizen of Israel. Numerous Israeli Arabs have also been convicted for expressing support or sympathy for Hamas on social media since 7 October of the previous year. Both the justice ministry and the attorney general’s office have voiced apprehensions regarding the enforceability of the legislation, which is anticipated to face legal challenges. Eran Shamir-Borer, a senior researcher at the Israel Democracy Institute and a former international law expert for the Israeli military, indicated that if the legislation were to reach the Supreme Court, it would likely be invalidated. Mr. Shamir-Borer conveyed to the Associated Press news agency, “The bottom line is this is completely non-constitutional and a clear conflict to Israel’s core values.” Those subject to deportation will be dispatched to Gaza or to “another destination determined according to the circumstances.” Aside from military personnel, ordinary Israeli citizens are not legally permitted to enter Gaza. Around 100 Israelis are believed to be held captive in Gaza by Hamas, with approximately 60 thought to still be alive. Israeli citizens would retain their citizenship even subsequent to their expulsion from the country. They would be prohibited from returning for a period ranging from seven to 15 years. Permanent residents could face deportation for durations between 10 and 20 years. The majority of East Jerusalem’s Palestinian population possesses permanent Israeli residency. Furthermore, a five-year temporary directive was sanctioned, enabling prison sentences for children under the age of 14 found guilty of murder as part of a terrorist act or in connection with the activities of a terrorist organization.