A person carrying an Israeli flag on his back walks in front of a banner with a picture of Israeli Prime Minister Benjamin Netanyahu, in Jerusalem, November 6, 2024.
| Photo Credit: Reuters

Israel’s Parliament passed a law early on Thursday (November 7, 2024) 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 is likely to be challenged in court.

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 7 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 longstanding 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.

Dr. Eran Shamir-Borer, a senior researcher at the Israel Democracy Institute and a former international law expert for the Israeli military, said that if the law comes before the Supreme Court, it is likely to be struck down based on previous Israeli cases regarding deportation.

“The bottom line is this is completely non-constitutional and a clear conflict to Israel’s core values,” said Dr. Shamir-Borer.

Israel captured Gaza, the West Bank and east Jerusalem in the 1967 Mideast 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’ Oct. 7, 2023 attack 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 sympathise with the Palestinian cause.