Legal Scholar Called for Recognizing Extremist Jewish Groups as Terrorist Organizations

Background to the Publication

Libman refers to reports about the events in the village of Jalud, where more than 100 participants, according to the author’s description, prevented a Palestinian family from returning to its home in accordance with a ruling by the High Court of Justice. Road blockages, attacks against security forces, injured soldiers, damage to operational vehicles, and the torching of Palestinian homes and property were reported.

Who May Be Designated a Terrorist Organization Under the Law

Under the Counter-Terrorism Law, 5776–2016, this is an organized and continuous body of persons that commits terrorist acts or operates with the aim of committing them. The law also applies to entities that do not themselves commit such acts but materially and systematically assist or finance a terrorist organization. A rigid hierarchy and fixed membership are not necessary, but a spontaneous, one-time group is insufficient.

How the Decision Is Made

The Minister of Defense may issue a temporary designation following an application by the head of the Israel Security Agency or the head of another security authority, subject to the opinion of the head of the Israel Security Agency and the consent of the Attorney General. The organization may then present its arguments before a three-member advisory committee chaired by a retired judge. After considering the committee’s recommendations, the Minister of Defense may make the designation permanent.

Consequences the Author Proposes Applying

Terrorist organization status imposes criminal liability, among other things, for membership, serving in an active or managerial role, transferring property, providing services or making means available, and, in certain circumstances, publicly expressing support. It also allows donations to be frozen and property used by the organization, including vehicles, to be forfeited. In Libman’s view, this could enable prosecution for proven membership and activity without the need to prove a person’s participation in a specific attack.

This Is a Proposal, Not an Adopted Decision

The author believes that the mass and coordinated nature of the described action may indicate the existence of an organized body of persons, but he does not claim that the legal conditions have already been proven. As a precedent, he cites the 1994 designation of the Kach and Kahane Chai movements, including their branches and derivatives, as a terrorist organization; according to him, it remains in force. The source does not report the opening of formal proceedings against any new groups.

Latest legal news

• UK warns of sanctions over participation in E1 construction
• Israel denies entry to French journalist and US researcher
• Polling officials say they were not briefed on Elector ban
• Why no charging decision has been made in the Qatargate case