Israel could face ICC charges if bill expelling terrorist families passes, expert warns

The legislation, which now needs Knesset approval, allows for members of a terrorist family to be forcibly expelled from their home within seven days of an attack or attempted attack

By JERUSALEM POST STAFF
December 17, 2018 11:27
1 minute read.
Israeli forces demolish part of the family house of Palestinian gunman Ashraf Naalwa in the village

Israeli forces demolish part of the family house of Palestinian gunman Ashraf Naalwa in the village of Shweikeh near Tulkarm, in the West Bank December 17, 2018. (photo credit: MOHAMAD TOROKMAN/REUTERS)

 
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Israel may face criminal charges at the International Criminal Court in The Hague if it approves legislation to expel the families of Palestinian terrorists, a top Israeli human rights expert warned on Monday. The bill received preliminary approval in the ministerial committee for legislation on Sunday.

The legislation, which now needs Knesset approval, allows for members of a terrorist’s family to be expelled from their home within seven days of an attack or attempted attack. According to the IDF, they will be forced to relocate to another area of the West Bank.
Attorney-General Avichai Mandeblit has said that the forced relocation of terrorist’s family members is illegal under Israel and international law.

Prof. Yuval Shany, chairman of the UN Human Rights Committee, told Army Radio that the legislation would likely be annulled by the Israeli Supreme Court but could lead to charges being brought against the country at the ICC.

“International law cannot accept in any way the expulsion of families of terrorists, also not to Ramallah or Jenin,” Shany said. “You cannot punish a person for something someone else did. It will not pass the Supreme Court but will reach The Hague.”


On Sunday, Education Minister Naftali Bennett attended a rally organized by the Yesha Council and demanded stiff measures to combat terrorist attacks, including the exile legislation.

Bennett stood at the rally and promised: “Today, we are bringing a law to exile the families of terrorist to a vote. Until now, the prime minister and the defense minister [Netanyahu] has asked that it be delayed three times: This time we won’t agree,” he said.

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