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Bill to deport relatives of terrorists is unconstitutional, warns Israeli civil rights group

The proposed legislation will now be considered by the Knesset after being approved in committee

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Members of the Knesset House Committee meet on October 29, 2024 to debate the bill which would deport the relatives of terrorists (Noam Moskowitz/Office of the Knesset Spokesperson)

A bill which would empower the Israeli interior minister to deport the relatives of terrorists for up to 20 years was approved by the Knesset House Committee on Tuesday to move to a second and third reading.

Concerns have been raised about the constitutional basis of the legislation, which would grant the power to deport Israeli citizens to a minister as opposed to the courts.

Under the bill, family members of terrorists could be deported to the Gaza Strip or other destinations, if it is found that they had advanced knowledge of an attack and failed to report the matter to the police.

Relatives would also face deportation if they expressed support or sympathy for the act of terrorism, or published praise, admiration, or encouragement.

The law would apply to first-degree relatives of terrorists, meaning their parents, siblings, children and spouses. Citizens of Israel would face deportation for at least seven years and up to 15 years, but would retain their citizenship even after being deported. Meanwhile, legal residents without citizenship would face deportation for at least ten years and up to 20 years.

The Knesset committee voted 9-2 to advance the bill, which will now proceed to the second and third readings necessary for it to become law. If it is passed, Israel’s interior minister, Moshe Arbel, will have the power to deport an Israeli citizen following a hearing, during which the suspect has the right to present a defence.

Senior Likud politicians voiced their backing for the proposed legislation following a suspected terrorist truck-ramming incident in Glilot on Sunday, which killed one and injured at least 30 people.

Police sources told Channel 12 that the suspect is an Israeli resident of the Arab-Muslim city of Qalansawe in central Israel.

Speaking at the scene of the attack about the bill, National Security Minister Itamar Ben Gvir said that he “expects Prime Minister Benjamin Netanyahu, along with all Likud lawmakers, to support this law in order to pass it”.

Culture and Sports Minister Miki Zohar posted on X/Twitter that the “law to deport families of terrorists must be supported, both opposition and coalition”, adding that without the legislation, terror attacks will only intensify.

But there has been opposition to the proposed legislation within the government – including the Justice Ministry and the Attorney General’s Office - according to The Times of Israel.

Speaking to the site, the director of the Association for Civil Rights in Israel (ACRI), said that the rights enshrined in citizenship should protect Israelis against being expelled: “It’s not constitutional in any way, shape or form. If there is one thing that citizenship ensures, it’s that you are not deported.”

He dismissed the proposed bill as “populism”, noting how it was “unclear how this will work on a practical level” when it comes to expelling citizens. He asked: “The minister decides [to deport someone] and you put him on a plane? You throw people over the border with the Gaza Strip?”

In a previous committee meeting, Knesset legal adviser Sagit Afik highlighted the severity of the bill. “The offenses carry a low penalty, yet you seek to impose deportation; the gap is significant," she said, reported Haaretz.

"There is no clear government position on how deportations will occur, or who will be responsible,” she added. "Without answers to these questions, implementing the law will be impossible."

At the Knesset committee meeting on Tuesday MK Yasir Hujeirat of Ra’am, an Arab political party, accused the bill’s supporters of endorsing “collective punishment”, while Likud MK Ariel Kallner defended the legislation, saying that Israel was facing with an “enemy within”, even as it fights against Hamas and Hezbollah abroad.

Attorney Nadav Golani from the Justice Ministry said he could only address the proposed legislation after hearing from political and security leaders. "The attorney general approached the prime minister for his opinion, and only after that can we respond to the bill," he said. Netanyahu has yet to provide an official position on the bill. 

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