Israeli Knesset passes two more draconian laws: Deportation of families and sentencing Palestinian children as young as 12 to imprisonment
On 6 November 2024, the Israeli Knesset passed two more draconian laws that severely violate the rights of Palestinian citizens of Israel and residents of occupied East Jerusalem. The passage of these two laws—one aimed at expelling family members of individuals defined as "terrorist operatives" under Israeli law and the other targeting Palestinian minors as young as 12 years-old—demonstrates an alarming legislative trend towards punitive measures cloaked in the pretext of counter-terrorism.
Ahead of the Knesset's return to session on 27 October 2024, Adalah flagged eight significant bills in advanced stages of the legislative process, including the two passed yesterday, each posing grave threats to Palestinian rights.
Read Adalah’s paper on these laws and other pending legislation here.
The first law allows for the deportation of family members of individuals designated as “terrorist operatives” by Israeli authorities. According to the law, the Interior Minister has broad authority to deport family members outside Israel to the Gaza Strip, or any other area to be determined based on the circumstances, if one family member has been convicted of certain terror offenses or is being held in custody on suspicion of such offenses, or even if held under administrative detention. The law permits expulsion if a family member is alleged to have known or should have known about a planned act of terrorism, supported it, or publicly expressed praise, sympathy, or encouragement for the act. For Israeli citizens, the deportation period is set between 7 and 15 years, while for residents, it is between 10 and 20 years.
Ahead of its passage, Adalah Attorney Hadeel Abu Salih sent a letter outlining Adalah’s legal objection to the bill and demanded its immediate withdrawal. Adalah noted that while proponents of the bill argue that it aims to deter terrorism, statements by the bill’s supporters reveal that the motives behind the proposal are wrongful and vengeful, aimed at undermining the legitimate legal status and rights of Palestinian citizens and residents. As Adalah outlines, expulsion—whether targeting a citizen or a resident—effectively deprives individuals of their legal status and leads to severe, disproportionate violations of multiple human rights under Israeli law and international law. This law joins a series of laws allowing for the expulsion of Palestinians from their homeland by revoking citizenship and residency, even if it leads to statelessness.
The second law targets the rights of Palestinian children, eroding protections for those subjected to arrest and detention by Israeli authorities. The new law permits Israeli authorities to sentence minors as young as 12 to imprisonment, including the possibility of a life sentences, if convicted of murder or attempted murder classified as a “terror act” or linked to a “terrorist organization.” Currently, Israeli law exempts minors under 12 from criminal liability, and those under 14 can only be placed in secure facilities, not imprisoned or sentenced to life. This law would affect PCI and Palestinian residents of East Jerusalem, who are overwhelmingly those accused of the offenses outlined in the legislation. In contrast, Israeli Jewish children are primarily indicted under criminal laws rather than the counter-terrorism law, whatever the nature or motivation behind their offenses. Palestinian children living in the occupied West Bank are already subject to military law allowing imprisonment from age 12.
Ahead of a Knesset committee discussion of the bill, Attorney Hadeel Abu Salih sent a letter arguing that the amendment targets Palestinians and is driven by motives of revenge and retribution. This intent is evident in the bill’s explanatory notes, which explicitly state that the legislation aims to “reflect the public interest and considerations of deterrence, prevention, and retribution in the most severe cases.” Adalah contends that this focus on retribution and punishment fundamentally contradicts the principles of Israel's Youth Law, which emphasizes rehabilitation rather than punitive measures for minors.
Adalah commented:
“The recent passage of these laws signals a dangerous escalation in Israel’s crackdown on Palestinian rights, framed under the guise of counter-terrorism. These measures enable the state to collectively punish Palestinians - both citizens of Israel and residents of occupied East Jerusalem - by authorizing the deportation of entire families and subjecting minors as young as 12 years-old to severe prison sentences. These laws embody retribution and vengeance, as openly noted by Israeli lawmakers. Through these laws, Israel further entrenches its two-tiered legal system, with one set of laws for Jewish-Israelis under criminal law and another, with inferior rights, for Palestinians under the pretext of Counter-Terrorism. By embedding apartheid-like policies into law, the Knesset further institutionalized systemic oppression, in contravention of both international law and basic human and constitutional rights.”
