Can Israel expel the families of terrorists?

Legal Forum chair tells Arutz Sheva about his proposal to Netanyahu that could allow Israel to take deterrent action.

Benny Tocker ,

Yossi Fuchs
Yossi Fuchs
Yoni Kempinski

Attorney Yossi Fuchs, chairperson of the Legal Forum for Israel, last month submitted a legal opinion to Prime Minister Binyamin Netanyahu, in which he proposed distancing rather than expelling the families of terrorists to Gaza for a limited time period.

Fuchs told Arutz Sheva on Thursday that he hopes Attorney General Avichai Mandelblit, who received a request from Netanyahu to examine the move, will approve it.

According to the Geneva Conventions expulsion is a problematic act that is liable to cause Israel complications with international law, said the lawyer.

"We searched for a legal basis that is also acceptable according to the Geneva Conventions, and indeed there is a legal infrastructure for a move of distancing the families of terrorists for a defined time period," said Fuchs.

"That's also a deterrent step according to the Shabak (Israeli Security Agency - ed.). In parallel we proposed negating the resident status of the families of terrorists from eastern Jerusalem."

Fuchs said he hopes Mandelblit will not follow the example of his predecessor Yehuda Weinstein.

"Weinstein would always make a ruling based on the question of whether it would pass the test of the High Court. I think that today in the current terror wave we need to do the maximum without harming the laws of the state and international laws."

"It's true that if those families go to the High Court there's a chance that the High Court will want to prevent it, but I hope that that won't happen," he said.