Knesset Passes Law on Deporting Terrorists’ Relatives Despite Anti-Constitutional Concerns

The Knesset passed on Thursday, November 7, two more draconian laws that severely violate the rights of Arab-Palestinian citizens of Israel and residents of occupied East Jerusalem. The passage of these two laws—one aimed at expelling family members of individuals defined as “terrorist operatives” under Israeli law and the other targeting Palestinian minors as young as 12 years-old—demonstrates an alarming legislative trend towards punitive measures cloaked in the pretext of “counter-terrorism.”

The law, which passed 61-41 after an all-night filibuster by the opposition, grants the interior minister authority, following a hearing, to order the deportation of a “terrorist’s family member” – such as a father, mother, sibling, child, spouse, or common-law partner – to Gaza or another location.

The law that passed was an amalgamation of four different proposals by MKs Almog Cohen (Otzma Yehudit), Hanoch Milwidsky (Likud), Eliyahu Revivo (Likud), and from the opposition far-right party Yisrael Beytenu, Oded Forer Revivo admitted in an interview on Army Radio on Thursday morning that the law may be struck down in the High Court. He said that he and Forer had preferred to pass a softened version of the bill that had a higher chance of passing judicial review but that this was ultimately rejected by coalition whip and Knesset Home Committee chairman MK Ofir Katz (Likud).

MK Ofer Cassif during the Palestinian-Israeli olive harvest held at Deir Istiya in the occupied West Bank, Saturday, November 2, 2024 (Photo: Zo Haderech)

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 failed to report the matter to the police or “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 decide and sign a deportation order.

The Knesset held a series of discussions about the proposed law. Professionals representing government ministries and the Knesset’s legal counsel stated clearly that this is unconstitutional legislation that cannot be implemented, and if it reaches judicial review, it will be revoked. Knesset members from right-wing parties nonetheless decided to advance it, though they understand it is a populist bill not worth the paper it is written on, to set the stage for a confrontation between the Knesset, professional groups, and the Supreme Court. 

“Yigal Amir’s family will not be deported anywhere,” MK Merav Michaeli (Labor) declared angrily, referring to the assassin of former Prime Minister Yitzchak Rabin. Launching a similar attack against the bill during the debate in the plenum, 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 for incitement to violence and supporting a terror group.

During the debate, racist Otzma Yehudit MK Almog Cohen repeatedly accused MK Ofer Cassif (Hadash) of being an “enemy of Israel,” after he said in the plenum debate, “The last few days symbolize the final stage of Bibism [Bibi is the nickname of far-right Prime Minister Benjamin Netanyahu] taking over the state institutions and turning Israel into a distinct fascist dictatorship. Within this fabric, this bill symbolizes the penetration of the Kahanist race theory into the Israeli law book and even into the foundations of its constitutional law. No Jewish terrorist who sets out to burn houses or poison herds of Palestinians should fear for the status of his parents. The whole purpose of this bill is to oppress and threaten Palestinian society. We will never give up. After we defeat the apartheid regime and put an end to the war crimes you built, we will continue to live here together, Jews and Arabs, and bring us all peace, equality and social justice.” “Don’t worry. I promise we will expel the families of terrorists and you as well,” screamed Cohen, approaching the podium as Cassif spoke against the bill.

According to several human rights activists, 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 calling the bill “completely non-constitutional and a clear conflict to democratic core values.” The law caused a split in the Zionist opposition voting less than 24 hours after their party leaders held a joint press conference in which they pledged to ramp up their parliamentary and public efforts to topple the government. Yesh Atid announced on Wednesday evening that it would no longer support any bills proposed by the coalition, but Yisrael Beytenu clarified soon after that it supported the bill and would vote in favor.

According to the Association for Civil rights in Israel (ACRI), “This is not a law at all: it is a populist pamphlet, which, like many other things this terrible Knesset is doing, is intended to mark Arab citizens and residents as disloyal, whose presence is contingent on containment.”

“This law is unnecessary, and there is no way to implement it. All citizens and residents are entitled to rights and protections, not least of which is immunity from deportation from their country, and the right to a fair trial if they are suspected of criminal offenses with the court determining the punishment. No democratic country deports its citizens and residents, and especially not through an administrative process controlled by a political entity. Moreover, no other country is obligated to accept another country’s citizens and residents for extended periods. And the Gaza Strip is not a ‘garbage dump’ for getting rid of those who are unwanted,” ACRI said. 

Ahead of the passage of the law, Adalah Attorney Hadeel Abu Salih sent a letter to all Knesset members outlining Adalah’s legal objection to the bill and demanded its immediate withdrawal. Adalah noted that while proponents of the bill argue that it aims to deter terrorism, statements by the bill’s supporters reveal that the motives behind the proposal are wrongful and vengeful, aimed at undermining the legitimate legal status and rights of Palestinian citizens and residents. As Adalah outlines, expulsion—whether targeting a citizen or a resident—effectively deprives individuals of their legal status and leads to severe, disproportionate violations of multiple human rights under Israeli law and international law. This law joins a series of laws allowing for the expulsion of Palestinians from their homeland by revoking citizenship and residency, even if it leads to statelessness.

“The recent passage of these laws signals a dangerous escalation in Israel’s crackdown on Arab0Palestinian rights. These measures enable the state to collectively punish Palestinians – both citizens of Israel and residents of occupied East Jerusalem – by authorizing the deportation of entire families and subjecting minors as young as 12 years-old to severe prison sentences. These laws embody retribution and vengeance, as openly noted by Israeli lawmakers. Through these laws, Israel further entrenches its two-tiered legal system, with one set of laws for Jewish-Israelis under criminal law and another, with inferior rights, for Palestinians under the pretext of counter-terrorism. By embedding apartheid-like policies into law, the Knesset further institutionalized systemic oppression, in contravention of both international law and basic human and constitutional rights, Adalah added.

Related: https://maki.org.il/en/?p=32222