On February 15, 2023, the Knesset (Israel’s parliament) passed the Revocation of Citizenship or Residency of a Terrorist Operative Who Receives Compensation for the Execution of the Act of Terrorism (Legislative Amendments) Law, 2023-2023 (Revocation Law).
Background to the Law
The Palestinian Authority (PA) has maintained a “policy … to pay a salary to families of alleged Palestinian terrorists who are killed or imprisoned by Israeli forces — so-called ‘martyr payments.’” Under the US Taylor Force Act,
[c]ertain assistance under the Foreign Assistance Act of 1961 that directly benefits the Palestinian Authority (PA) may not be made available for the West Bank and Gaza unless the Department of State certifies that the PA, the Palestine Liberation Organization (PLO), or any successor or affiliated organizations … have terminated payments for acts of terrorism against U.S. and Israeli citizens to any individual who has been fairly tried and imprisoned for such acts, to any individual who died committing such acts, and to family members of such an individual.
According to the explanatory notes of the Revocation Bill, the PA provides a large number of Israeli citizens and residents with wages and compensation for committing acts of terrorism. These salaries gradually increase with the length of time the people are in prison. According to the bill’s drafters, it was incomprehensible that persons who have betrayed the Israeli state and society, and receive payment from the PA as a reward for committing acts of terrorism, would continue to hold Israeli citizenship or residency. The receipt of a payment from the PA, directly or through a foreign body, as a reward for committing an act of terrorism or another offense that seriously harms the security of the state, the drafters opined, indicated that the receiver had renounced their status as a citizen or resident of Israel.
Objective of the Law
The law declares its objective as the establishment of
a procedure for revoking citizenship or … permanent residence in Israel and the removal from Israel of persons who have been sentenced to actual imprisonment following a conviction for committing an act of terrorism, and who have been receiving compensation for the act of terrorism from or on behalf of the … [Palestinian Authority]. Such circumstances indicate … that such a person … [belongs] to [the Palestinian Authority] and justify the severing of their ties to Israel and their removal to the territories of the Palestinian Authority.
Procedures for Revoking Citizenship
The law authorizes the minister of the interior to request judicial authorization for revoking the citizenship of a person who was convicted of an offense that the convicting court determined to be an “act of terrorism.” If the offense was perpetrated before the entry into force of the Law on Combating Terrorism, 5776-2016 on November 1, 2016, the determination will be based on the facts established in the verdict, or on conviction for treason offenses under sections 97 to 99 of the Penal Law, 1977-1977, if the person was actually sentenced to imprisonment.
The minister may apply to the court only if the minister is satisfied, after giving the person an opportunity to argue their claims within seven working days, that the person or someone acting on their behalf and with their knowledge, received funds “in connection with terrorism.” A request for judicial revocation of citizenship requires the written consent of the minister of justice. Not submitting written consent within seven working days, however, is considered as having granted consent.
The court will order revocation of citizenship within 30 days of the filing of a request unless it has determined, for special reasons to be recorded, that the revocation was not justified under the circumstances. Revocation resulting in leaving a person without citizenship will not constitute a ground for refusal of revocation under the law. A person whose citizenship was revoked will be removed from Israel after completing their sentence to the territories of the PA, and will no longer be allowed to enter Israel.
The law further authorizes the revocation of a permit for permanent residence and the removal from Israel of perpetrators of acts of terrorism under the same conditions that apply to revocation of citizenship. Unlike the latter, however, revocation of residence permits under the Entry into Israel Law, 5712-1952, does not require judicial authorization.
The law requires the minister to annually provide the Knesset Interior and Environmental Protection Committee with a report on judicial decisions regarding cases where grounds for revocation existed but requests for judicial revocation have not been filed, or revocation of residence status and removal procedures have not been implemented, and why.
Ruth Levush, Law Library of Congress
March 7, 2023
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