The Knesset, responding to last week’s deadly bulldozer rampage in Jerusalem, approved the first reading of three bills Wednesday that would give the government wider authority to punish Israeli citizens involved in terrorist attacks. The bills each face two more readings. There was strong opposition from Arab MKs.
The first bill gives the state the power to seize property owned by terrorists. Likud Knesset faction chairman Gideon Sa’ar sponsored the bill. It passed by a majority of 50 to 13. The bill would establish a protocol for government confiscation of private property, such that the defense minister could authorize seizure of a terrorist’s home and transfer it to state control. The government would then have the option of destroying, selling or using the property.
Laws enabling government seizure of private property as a punishment for tax evasion and other economic crimes are already on the books in Israel and other countries. While property seizure for terrorist activities is a relatively new legal concept, there is already one country that has such a policy: the United States. The U.S. Patriot Act, signed in 2001, authorizes the seizure of property of a foreign citizen, foreign organization or foreign state involved in terrorism against the United States.
Sa’ar, in introducing the bill, said, “The difficult reality that was forced upon us in the recent period, when residents of the State of Israel are carrying out murderous terror attacks against the country's citizens, demands the supplying of effective tools. Seizing houses and lands belonging to the terrorists will improve the deterrent ability against potential terrorists.”
MK Sa’ar argued that the proposed law would discourage terrorism by making it clear that in committing acts of terror, the terrorist would end up contributing his property to the Zionist cause.
The bill met with stiff criticism from Arab MK Taleb a-Sanaa, who argued that it does not precisely define what constitutes an act of terror "and thus, the law has very dangerous implications."
"There are two principles competing to a certain degree," said the United Arab List MK. "Regarding the war on terror, there is no argument and no problem with this - but under the headline of the war on terror we should not cause harm… in an unreasonable unjust and unjustified manner, and there is thus a need to define the type of offense, what terror offense, and under what circumstances."
Less than an hour after the passing of the Sa’ar bill, the Knesset plenum passed a preliminary vote on a bill that would revoke Israeli citizenship or permanent residency status of any Israeli taking part in a terror activity or belonging to a terror organization. Also passing an initial plenum reading was a more limited proposal to revoke the residency status of eastern Jerusalem residents who participate in terror-related activities.
"In recent years," said MK Yohanan Plessner (Kadima), "a minority of east Jerusalem residents aided terrorists in overcoming the deterrents that have been established since the erection of the security fence. This proposal will discourage anybody who enjoys the social benefits of the state of Israel from taking advantage of their Israeli identity card and their work equipment to murder Jews."
Arab MK Muhammed Barakeh argued, however, that "whoever is planning on carrying out such an act as is described in this proposal, his residency status isn't going to deter him.”
"Although you claimed that this doesn't apply to family members, this is a rolling snowball on a very steep anti-democratic slope,” said Barakeh. “This law proposal is anti-democratic and far-reaching, trying to ride the wave of people's distress who suffer from lack of security and from terror attacks."