Israel deportation law/ Netanyahu deportation bill/ Palestinian family deportation law/ Israeli Supreme Court challenge/ Israel security law/ Newslooks/ J. Mansour/ Morning Edition/ Israel’s parliament has passed a controversial law allowing the deportation of relatives of Palestinian attackers, including Israeli citizens, to Gaza or other locations. The measure, pushed by Netanyahu’s Likud party and far-right allies, faces expected court challenges. Legal experts argue that the law likely conflicts with Israeli constitutional principles and may be struck down if enforced.
Israel’s Deportation Law for Attackers’ Relatives: Quick Look
- Law Passed: New law permits deportation of attackers’ family members, including Israeli citizens.
- Deportation Scope: Applies to Palestinian citizens of Israel and East Jerusalem residents.
- Expected Legal Challenge: Experts believe Israel’s Supreme Court may block the law.
- Critics’ Views: Legal experts criticize the law as unconstitutional and conflicting with Israeli values.
- Context: Law passed amid Israel-Hamas conflict, with high displacement in Gaza.
Israel Passes Law to Deport Attackers’ Relatives: Legal Pushback Expected
Deep Look
Israel’s parliament passed a new law early Thursday allowing for the deportation of family members of Palestinian attackers, including Israeli citizens, to Gaza or other locations. This controversial measure, supported by Prime Minister Benjamin Netanyahu’s Likud party and allied far-right members, passed in a 61-41 vote. Although the law has been approved, legal experts predict it will face major obstacles in court and may not withstand judicial scrutiny.
Law Details and Scope
The law permits the deportation of Palestinian citizens of Israel and East Jerusalem residents if they are found to have known about or supported a relative’s attack. Under the law, family members could face deportation to Gaza or other destinations for periods ranging from seven to 20 years. The new policy comes amid the ongoing Israel-Hamas war, which has already caused extensive civilian displacement in Gaza.
Historically, Israel has implemented punitive measures in response to attacks, including demolishing the family homes of suspected attackers in the West Bank. However, deporting citizens and residents to Gaza or other areas introduces new legal and constitutional complexities. The law’s supporters argue it serves as a deterrent, though it remains unclear if it applies to the occupied West Bank.
Legal Experts Voice Doubts
Critics have questioned the law’s viability, arguing it may violate Israeli constitutional values and fundamental principles. Oded Feller, a legal adviser for the Association for Civil Rights in Israel, described the law as “populist nonsense.” Feller asserted that enforcing deportation for Israeli citizens would likely be impossible under existing legal frameworks, as the Interior Ministry lacks authority to send citizens abroad or to Gaza.
The Association for Civil Rights does not plan to preemptively challenge the law but is prepared to act if authorities attempt to enforce it, predicting that any court case would favor striking it down.
Eran Shamir-Borer, a former Israeli military law expert and senior researcher at the Israel Democracy Institute, echoed Feller’s concerns. He stated that the law conflicts with Israel’s constitutional values and will likely be ruled unconstitutional by the Supreme Court. “The bottom line is this is completely nonconstitutional and a clear conflict to Israel’s core values,” Shamir-Borer said.
Background on Israeli-Palestinian Dynamics
The law surfaces at a volatile time, as Israel continues its military campaign against Hamas in Gaza following the October 7, 2023, attacks. Israel captured Gaza, the West Bank, and East Jerusalem in the 1967 Mideast war, though it withdrew its forces and settlers from Gaza in 2005. Since Hamas’s October attack, however, Israel has reoccupied parts of Gaza.
East Jerusalem, which Israel annexed in a move not recognized by much of the international community, is home to Palestinian residents who have limited citizenship rights. While they hold permanent residency status and may apply for Israeli citizenship, the majority choose not to do so due to various obstacles and long-standing grievances.
Palestinian citizens of Israel represent about 20% of the population and retain the right to vote and participate in civic life, though they report discrimination and limited access to opportunities. Many have close family ties to Palestinians in Gaza and the West Bank and sympathize with the Palestinian cause, despite their legal status within Israel.
Anticipated Judicial Review
The law now faces a likely legal battle that may test its constitutionality. The Israeli Supreme Court has historically struck down measures perceived as excessively punitive or infringing on fundamental rights. If implemented, this law could become a focal point in ongoing debates over the balance between national security and civil liberties within Israel.
