Counterterrorism Plan Submitted to Netanyahu: Rapid, Harsh Penalties for Perpetrators

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The Silwan home of the Shaludi family after security forces demolished it earlier this month. Abdel Rahman Shaludi killed three people in a terror attack last month. Credit: Reuters

MK Yariv Levin (Likud) submitted an eight-point counterterrorism plan to Prime Minister Benjamin Netanyahu. The purpose of the plan is to provide the government with tools for dealing with the increasing wave of terrorism. Netanyahu, who asked Levin to prepare the plan, has not commented on it yet.

The plan allows for the rapid passage of laws as temporary measures. The penalties it contains may be applied, in most cases, within 24 hours from the moment the terrorist act is committed. It is not clear whether the prime minister was referring to Levin’s plan last week when he announced that he intended to promote legislation that would revoke the residency permits and social-welfare rights of anyone who committed terror attacks or nationalistically-motivated serious crimes, such as incitement to harm the state.

Levin has proposed the laws be temporary measures (limited to a time span of two years) to convey a message to the public and to the legal establishment that while this emergency legislation is severe, its purpose is to deal only with the current situation without making permanent changes to the law. Levin did not have Jewish terrorism in mind when he drafted the statutes — some of them can’t even be applied to Israeli citizens (deportation to Gaza, for example) — but people close to him said they believed the laws would be applied, as equally as possible, to Jewish terrorists as well.

The plan’s eight points are as follows:

1. Targeted punishment for those who commit terror attacks and for their accomplices or the “first circle” involved in terror. The interior minister will automatically revoke the citizenship or right of residency of any person who commits an act of terror or accomplice who is prosecuted and convicted. Immediately upon the completion of the sentence, the terrorist or accomplice will be deported directly to the Gaza Strip or anywhere else outside the borders of territory controlled by Israel.

Likud MK Yariv Levin, a right-wing leader in the Knesset.Credit: Emil Salman

2. Immediate home demolitions. Whether the terrorists were captured during the commission of the act of terror or afterward, and whether they were killed during the act or afterwards, their homes will be demolished. The demolition of their homes will be carried out via a court injunction to be taken out as soon as the attacker’s identity has been ascertained. The injunction may be appealed in the Supreme Court up to 12 hours after it has been issued. The Supreme Court will hand down its ruling within 12 additional hours, and its decision will be final. In this way, it will be possible to execute the demolition order within no more than 24 hours after the terror attack has taken place.

3. No funerals for terrorists. A binding rule shall be instituted that in every case, the bodies of those who commit acts of terror will not be delivered to their families. The bodies will be buried with no funeral rites in a state cemetery whose location will not be divulged, and access to it will not be permitted.

4. The interior minister will automatically revoke the citizenship or right of residency of any person convicted of having thrown firebombs or firecrackers. Immediately upon the completion of the sentence, he shall be deported immediately to the Gaza Strip or to any other place outside the borders of territory controlled by Israel.

5. Any person inciting to commit acts of terror or throw stones, or who waves enemy flags, including that of the Palestinian Authority, during a prohibited march, demonstration or assembly will be held in custody until the end of legal proceedings. Any person convicted of any of the above-named offenses will automatically have his right to receive an allowance from the National Insurance Institute revoked, and his right to possess a driver’s license will be revoked for 10 years from the date of the commission of the crime. The court will also be able to impose a restriction order on his movements for up to five years from the date of his release.

6. The punishment of the second circle that supports terrorism and its perpetrators: The law shall order the revocation of citizenship or right of residency, and deportation to Gaza, for any family members of the perpetrator of an act of terror who expresses support for them or for the acts themselves. Statements made in the media, on the social networks or on posters expressing support for the attacker or act of terror shall be among the acts considered as support. A similar order shall also apply to anyone organizing an event of support, solidarity or commemoration in honor of those who committed the act. An appeal of the injunction revoking their citizenship or right of residency and deporting them to Gaza may be submitted to the Supreme Court up to 24 hours after the injunction has been issued. The Supreme Court will hand down its ruling within 24 additional hours. The Supreme Court’s involvement in the matter of issuing the injunction and carrying it out will be limited solely to the question of whether sufficient evidence was found to establish the appellant’s support for the one who committed the act of terror or for the act itself.

7. The district commander of the Israel Police shall order the immediate closure, by injunction, of any printing shop or other business that prints posters expressing support or praise for the perpetrator of the terror attack or for his action. Any equipment found there shall be confiscated and impounded as well. The injunction may be appealed to the District Court within 24 hours, and the appeal shall be heard by a sole judge within 24 additional hours, and the judge’s decision shall be final.

8. Dismissal from employment of employees with a past record of security offenses: A special order shall be issued permitting an employer to apply to the police for information regarding convictions for security offenses regarding any person in his employ. This information shall be provided to the employer within 24 hours. If the employee should be found to have a past record of convictions for security offenses, the employer shall be allowed to dismiss him immediately, and shall not be required to give him severance pay.