Knesset passes controversial law to allow expelling terrorists' family members

The Israeli Knesset approved a law to allow the Interior Minster to deport the family members of Israeli citizens involved in carrying out terror attacks early.

The law has been controversial since its submission to the Knesset earlier this year. It was subjected to a filibuster late Wednesday evening, which ran into the early hours of Thursday morning. 

The bill was sponsored by Likud Knesset Member Hanoch Milwidsky, and by opposition Knesset Member Oded Forer, from the Yisrael Beytenu party. It was drafted with input from Lt.-Col. (reserve) Maurice Hirsch, the director of the Initiative for Palestinian Authority Accountability and Reform in the Jerusalem Center for Public Affairs. Hirsch previously served as the director of the Military Prosecution for Judea and Samaria. 

The law is primarily designed as a deterrent. Studies by the IDF and Shin Bet (Israeli Security Agency) have demonstrated that terrorists are often concerned about what will happen to their families following an attack. 

Currently, the Palestinian Authority (PA) pays stipends either to terrorists or, if they die, to their families, for carrying out attacks against Jews. The payments come through the Palestinian “Martyr’s Fund” and are given to Palestinian or Israeli Arabs and their families. 

For Israeli Arabs, the recently passed law provides a countering burden on the families, which it is hoped would outweigh the benefits offered by the PA stipend

The bill allows the interior minister to order the deportation of family members of Israeli Arab terrorists, including father, mother, siblings, children, spouse, or even common-law partners, following a hearing. 

Deportation would be ordered if the family members had pre-existing knowledge of a planned attack without notifying authorities, or if they publicly praised such an attack, including the support for known terror organizations. 

The deportation of citizens would remain valid for between 7 to 15 years, while that of permanent or temporary residents would be valid for 10 to 20 years. 

Before the voting started, Knesset Committee Chairman Ofir Katz said, “Our message is clear and obvious – every terrorist who sets out to murder knows that the moment he chooses to take the lives of civilians in Israel, he not only signs his own sentence but also the sentence of his family members.” 

The law faced pushback not only from civil rights groups – who challenged the legality of deporting citizens who had not committed any crime – but also from Shin Bet and certain legal advisors. According to a report in The Jerusalem Post, Shin Bet had recommended restricting the law to only apply to the parents of dual-citizen terrorists. 

Legal advisors for the Knesset warned that the law could be considered a form of collective punishment by the High Court of Justice, which might lead to the law being struck down under judicial review. 

The Knesset notes on the law indicate that the bill that was passed was a joining of several previous submissions. Despite previously supporting the bill, the Yesh Atid party announced it would no longer support any bills proposed by the coalition as part of an attempt to increase pressure on the government following the recent firing of Defense Minister Yoav Gallant. 

However, Yisrael Beytenu announced it would continue to support the bill, as Forer is one of the sponsors. After the third and final reading of the bill on Thursday morning, the bill passed into law with 61 members voting for and 41 against. 

MKs from the Arab parties, as well as left-leaning Jewish parties, opposed the bill.