A new law allows Israel to deport the relatives of attackers. Experts expect it to be struck down
UNB
Publish: 08 Nov 2024, 12:56 PM
JERUSALEM,
Nov 8 (AP/UNB) - Israel's parliament passed a law early Thursday that would
allow it to deport family members of Palestinian attackers, including the
country's own citizens, to the war-ravaged Gaza Strip or other locations.
The law, which was
championed by members of Prime Minister Benjamin Netanyahu's Likud party and
his far-right allies, passed with a 61-41 vote. However, legal experts said
that any attempt to implement the legislation would likely lead to it being
struck down by Israeli courts.
The law would apply to
Palestinian citizens of Israel and residents of annexed east Jerusalem who knew
about their family members' attacks beforehand or who "express support or
identification with the act of terrorism."
They would be deported,
either to the Gaza Strip or another location, for a period of seven to 20
years. The Israel-Hamas war is still raging in Gaza, where tens of thousands
have been killed and most of the population has been internally displaced, often
multiple times.
It was unclear if the
law would apply in the occupied West Bank, where Israel already has a
long-standing policy of demolishing family homes of attackers, which critics
decry as collective punishment. Palestinians have carried out scores of
stabbing, shooting and car-ramming attacks against Israelis in recent years.
Oded Feller, a legal
adviser to the Association for Civil Rights in Israel, dismissed the law as
"populist nonsense." He said it was unlikely to be applied, because
there is no legal way for the Interior Ministry to send an Israeli citizen to
another country or to Gaza.
His organization doesn't
plan to challenge the law unless authorities try to enforce it, in which case
he expects any court challenge to succeed.
Eran Shamir-Borer, a
senior researcher at the Israel Democracy Institute and a former international
law expert for the Israeli military, agreed that the law was likely to be
struck down by the Supreme Court.
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 does not.
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.
The law could also be
seen as a form of collective punishment and as discriminatory, because it
appears to only apply to Arab citizens and residents, and not to family members
of Jews convicted under terrorism laws.
"The bottom line is
this is completely nonconstitutional and a clear conflict to Israel's core
values," Shamir-Borer said.
Israel's national
security minister, Itamar Ben-Gvir, a Jewish West Bank settler leader who was
himself convicted of terrorism crimes as a political activist years ago,
praised the new law, noting that a member of his Jewish Power party was among
the sponsors. "Jewish Power is making history!" he wrote on X.
Israel captured Gaza,
the West Bank and east Jerusalem in the 1967 Middle East war - territories the
Palestinians want for their future state. It withdrew settlers and soldiers
from Gaza in 2005, but has reoccupied parts of the territory since Hamas' attack
on Oct. 7, 2023 triggered the war.
Israel annexed east
Jerusalem in a move not recognized by most of the international community.
Palestinians there have permanent residency and are allowed to apply for
citizenship, but most choose not to, and those who do face a series of
obstacles.
Palestinians living in
Israel make up around 20% of the country's population. They have citizenship
and the right to vote but face widespread discrimination. Many also have close
family ties to those in the territories and most sympathize with the Palestinian
cause.
A second law that was
passed Thursday allows minors between the ages of 12 and 14 to be sentenced to
prison for murder or attempted murder under terrorism laws, though they must be
held in a secure facility before being transferred to prison at age 14.
Previously, minors of
those ages were not allowed to be sentenced to prison, according to Adalah, a
legal advocacy group. It claimed the law was motivated by "revenge"
and said it would affect Palestinian citizens of Israel and residents of east
Jerusalem.
Palestinians in the
occupied West Bank can already be sentenced from age 12 under Israeli military
laws in the territory, Adalah said.
End/UNB/AP/SU