In a significant and contentious move, Israel’s parliament has enacted a new law that permits the deportation of family members of individuals accused of terrorist activities. This legislation, which passed with a vote of 61 to 41, allows the government to expel relatives of attackers to the Gaza Strip or other locations for periods ranging from seven to twenty years. While the law is framed as a measure to enhance national security, legal experts predict that it will face substantial challenges in Israeli courts.
The law specifically targets Palestinian citizens of Israel and residents of annexed East Jerusalem who are deemed to have prior knowledge of their family members’ intentions to commit acts of violence or who express support for such actions. Critics argue that this legislation constitutes collective punishment and disproportionately affects Arab citizens, raising serious concerns about its constitutionality and alignment with international human rights standards.
Oded Feller, a legal advisor with the Association for Civil Rights in Israel, characterized the law as “populist nonsense,” asserting that it lacks a legal framework for implementation. He emphasized that there is no legal basis for the Interior Ministry to deport Israeli citizens or residents to Gaza or any other country. Feller indicated that his organization does not plan to challenge the law unless authorities attempt to enforce it, but he anticipates that any such enforcement would likely be overturned by the courts.
Eran Shamir-Borer, a senior researcher at the Israel Democracy Institute, echoed these sentiments, stating that the law is likely to be struck down by the Supreme Court. He noted that deporting residents from East Jerusalem could be viewed as a violation of the Fourth Geneva Convention, which prohibits transferring civilians from occupied territories. Shamir-Borer highlighted that such actions could infringe on both constitutional rights under Israeli law and human rights under international law.
The timing of this legislation is particularly sensitive given the ongoing conflict between Israel and Hamas in Gaza, which has resulted in significant casualties and widespread displacement. As tens of thousands have been killed in recent military operations, many fear that this law will exacerbate tensions between Jewish and Arab communities within Israel.
National Security Minister Itamar Ben-Gvir, a prominent supporter of the law, hailed its passage as a “decisive pillar in our fight against terrorism.” He stated that it sends a clear message to families of perpetrators: “From today, every father, mother, son, daughter, brother, sister or spouse who identifies with and supports a family member who harmed citizens of Israel will be deported.”
This legislation follows another controversial bill passed on the same day allowing minors aged 12 to 14 to be sentenced to prison for murder or attempted murder under terrorism laws. Critics argue that this measure is also motivated by revenge and will disproportionately impact Palestinian citizens.
The implications of these laws extend beyond domestic policy; they may also affect Israel’s international standing. The deportation of family members based on alleged knowledge or support for attacks raises questions about collective punishment and discrimination against Arab citizens. The international community has long scrutinized Israel’s policies regarding Palestinians, particularly in light of ongoing military operations and human rights concerns.
As this law moves forward, its practical application remains uncertain. Legal experts anticipate significant challenges ahead as various advocacy groups prepare to contest its enforcement in court. The outcome will likely shape future discussions about civil rights and state authority in Israel.
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