In a highly contentious act, the Israeli Knesset has passed a bill that gives the government power to deport the close relatives of anyone convicted of terror-related crimes. The bill singles out first-degree relatives of any individual who has committed or abets terrorism activities. A Likud party member who represents Prime Minister Benjamin Netanyahu presented the bill to the Knesset.

Provisions and Scope of the Law

Under the new law, relatives and those who knew of terrorist acts before they happened and did not warn against them or were favorably disposed toward the terrorist act can also be deported. Relatives who “commend terrorist actions or entities through messages of praise, sympathy or encouragement” are included in deportation procedures. The law allows Israel’s interior minister to order the deportations, with the target being deportation to Gaza or another place deemed appropriate by the government.

Controversy and Criticism

Israeli human rights groups argue the new law is unconstitutional, a measure that is inconsistent with Israel’s legal spirit and profiles specific parts of the population. Many opponents in the opposition Knesset believe this law discriminates against the Palestinian citizens of Israel, often referred to as Israeli Arabs. Politics Analyst Dr. Dahlia Scheindlin believes it is “doubtful that a Jewish citizen of Israel would ever be deported under this law” since “terror” is often not used to characterize Jewish violence against Palestinian civilians in discourse in Israel.(More)

Contrasting Responses and Judicial Appeals

While some lawmakers support the bill, others raise counterarguments about justice. Opposition lawmakers Merav Michaeli and Mickey Levy just requested in the Knesset whether the law will also apply to Jewish citizens with ties to extremist or terror-linked activities, as in the case of National Security Minister Itamar Ben Gvir, who was convicted in his youth for incitement to violence.

The justice ministry and the attorney general’s office have also criticized the law, while the latter promised to enforce “the spirit of the law.” If the matter reaches Israel’s Supreme Court, challenges in enforcement are expected. Eran Shamir-Borer, a senior researcher at the Israel Democracy Institute, was unconvinced that the law would survive court appeals, labeling it “completely non-constitutional” and alien to the very core values of the State of Israel.

Consequences for Permanent Residents and Citizens

This new law ensures that the expelled citizens of Israel lose no citizenship rights but are instead barred from ever coming back to the country for a period ranging from seven to 15 years. The permanent residents, including most Palestinians in East Jerusalem, will likely face expulsion for a period ranging from 10 to 20 years. The Knesset also created a five-year provisional order that provides a prison sentence to children under the age of 14 who are convicted of murder linked to terrorist activities.

Future Challenges and Impact

Human rights groups and constitutional lawyers caution that if the law challenges constitutionality, the policy might face legal battles and controversy regarding its future impact.