The Israeli Knesset has enacted a law permitting the deportation of immediate family members of individuals convicted of terrorism, including Israeli citizens. Passed by a narrow margin of 61 to 41, the legislation has sparked intense debate within Israel, particularly regarding its constitutionality and implications for Arab citizens of Israel. The law grants the Interior Minister power to deport first-degree relatives – such as parents, siblings, and children – if they are found to have supported, expressed sympathy for, or failed to report knowledge of planned terrorist acts.
Key Provisions and Scope of the Law
Under the new law, family members who openly support or encourage acts of terrorism, whether through public statements or social media, or who fail to report a known plot, may face deportation. Deportations can be ordered by the Interior Minister without requiring court approval, bypassing traditional judicial oversight.
While the law applies to all Israeli citizens in theory, critics argue it is selectively aimed at Arab citizens of Israel, sometimes referred to as Israeli Arabs, who make up roughly 20% of Israel’s population. During parliamentary debates, opposition members raised concerns about the law’s potential bias. For instance, Merav Michaeli of the Democratic Union pointedly noted that the families of Jewish extremists, including Yigal Amir, the convicted assassin of Prime Minister Yitzhak Rabin, would likely not face deportation under the law.
Political and Social Reactions
The bill’s passage has triggered criticism from human rights organisations, who contend that it is unconstitutional and breaches democratic principles. Eran Shamir-Borer, a senior researcher at the Israel Democracy Institute, warned that the law may be struck down by Israel’s Supreme Court due to previous legal precedents that favour protection from deportation.
According to Israeli political analyst Dr. Dahlia Scheindlin, the law is unlikely to be applied to Jewish Israelis, as the term “terrorism” in Israeli discourse is rarely used to describe violent acts committed by Jews against Palestinians. She highlighted that the law’s language and application appear tailored to focus on Arab and Palestinian citizens, further fuelling concerns about ethnic discrimination.
Practical Implementation and Legal Concerns
A significant challenge in enforcing the law arises from international law constraints and practical considerations. Deportations to Gaza, where many deportees would be sent, could conflict with Israel’s own laws and international agreements. Gaza is a conflict zone, and Israel’s principle of non-refoulement typically prohibits sending individuals to war-torn areas. For those deported under this law, Israeli citizenship would remain intact, but return would be banned for seven to 15 years, while permanent residents could face exclusion for up to 20 years.
The practicalities of enforcing this law are complex. The majority of the Palestinian population in East Jerusalem, for instance, hold permanent residency rather than citizenship, complicating the prospect of deportation. Some analysts also argue that the law could strain diplomatic relationships with neighbouring countries, should deportees require acceptance by those nations.
Temporary Orders and Additional Legislation
Alongside the deportation law, the Knesset approved a five-year temporary provision allowing for prison sentences for children under 14 convicted of serious offences as part of a terrorist act. This addendum aims to address cases involving minors who may have been implicated in terrorist activities, adding another layer to Israel’s expanding counterterrorism legislation.
Human Rights and Legal Implications
Human rights advocates and some Israeli lawmakers have expressed concern that the law violates Israel’s democratic values. Many view it as a form of collective punishment, affecting family members who may have little or no connection to the terrorist acts. They argue that the legislation could infringe on civil rights and lead to human rights violations, with Amnesty International and similar organisations likely to scrutinise its application closely.
