A new law allows Israel to deport the relatives of attackers. Experts
expect it to be struck down
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[November 07, 2024]
By JULIA FRANKEL and MELANIE LIDMAN
JERUSALEM (AP) — 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. But legal experts said that any attempt to implement it would
likely lead to it being struck down by Israeli courts.
It 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 it would apply in the occupied West Bank, where Israel
already has a long-standing policy of demolishing the family homes of
attackers. 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.
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Israeli Prime Minister Benjamin Netanyahu speaks at the opening of
the 25th Knesset session marking the anniversary of the "Iron
Swords" war, in Jerusalem, Monday, Oct. 28, 2024. (Debbie Hill/Pool
Photo via AP)
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.
“The bottom line is this is completely nonconstitutional and a clear
conflict to Israel’s core values,” Shamir-Borer said.
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.
___
Melanie Lidman reported from Tel Aviv, Israel. Tia Goldenberg
contributed to this report from Tel Aviv.
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