Public Security Minister Gilad Erdan (Likud) and Justice Minister Ayelet Shaked (Jewish Home) published a memorandum allowing Israel Police to retain terrorists' bodies for the purpose of preventing violent disturbances and incitement to terror attacks during terrorists' funerals.
According to the memorandum, Israel Police will be allowed to delay handing terrorists' bodies over to their families until those organizing the funerals promise to adhere to certain conditions, if there is a chance of incitement, terror attacks, or a danger to life either as a result of the body's transfer or during the funeral.
Conditions for funerals include limiting the number of participants and the list of who may attend, including preventing someone who may present a danger to the public from participating; the planned funeral route; the time and date of the funeral; and banning the presence of various objects. In certain cases, police will be able to determine the grave's location as well.
Police will also be allowed to order a financial guarantee if there is either a concern of a threat to public safety and security as a result of the funeral or burial, or if there may be identification with a terror organization or incitement to terror.
"The State of Israel is obligated to protect the welfare and security of its citizens, and this includes acting in order to prevent terror threats while maintaining a balance between the amount of strength needed to deal effectively with threats, and preserving democracy and human rights," the law states.
"Terrorists' funerals turn into demonstrations of incitement and terror support, raising the chance of future terror attacks," Erdan said. "Therefore, I am working towards a tougher policy on funerals which include incitement. The cursed terrorist should not be honored for his criminal action."
"Unfortunately, the Supreme Court has decided that the police have no right to retain terrorists' bodies until these conditions are met. We must do everything possible to ensure that this law is passed quickly and return to the police the authority to prevent incitement."
Shaked said, "Israel is first and foremost obligated to protect its citizens' security. In order to provide the security forces with explicit legal authority to act according to their professional opinion, we are working in two areas: First, we are requesting another discussion of the issue in the Supreme Court, after the Supreme Court forbade the retention of terrorists' bodies for the purpose of negotiations. Second, this legal memorandum will allow delaying the return of terrorists' bodies until the public's welfare has been ensured, and it will prevent incitement to terror, which leads to violence."