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2016 Counter-Terrorism Law, was legislated in Israel to create stricter penalties for terrorists and individuals who are members of terrorist organizations. Furthermore, the law determines the penalties for individuals who express support for terrorism or sympathize with a terrorist organization. The law was passed by the Knesset in June 2016 and came into effect on November 1, 2016.
| 2016 Counter-Terrorism Law | |
|---|---|
| |
| 20th Knesset | |
| |
| Territorial extent |  Israel |
| Enacted by | Knesset |
| Enacted | 23 June 2016 |
| Legislative history | |
| Introduced by | Ayelet Shaked |
| Preliminary reading | 21 April 2010 |
| First reading | August 2011 |
| Second reading | 15 June 2016 |
| Third reading | 15 June 2016 |
| Voting summary |
|
| Related legislation | |
| Basic Laws of Israel | |
| Summary | |
| Defines Israel as the nation-state of the Jewish people | |
| 2016 Counter-Terrorism Law | |
|---|---|
| |
| 20th Knesset | |
| |
| Territorial extent | Israel |
| Enacted by | Knesset |
| Enacted | 23 June 2016 |
| Legislative history | |
| Introduced by | Ayelet Shaked |
| Preliminary reading | 21 April 2010 |
| First reading | August 2011 |
| Second reading | 15 June 2016 |
| Third reading | 15 June 2016 |
| Voting summary |
|
| Related legislation | |
| Basic Laws of Israel | |
| Summary | |
| Defines Israel as the nation-state of the Jewish people | |
| Status: In force | |
On April 21, 2010, the ministry of Justice published a memorandum on the 2010 Counter-Terrorism Bill.[1] The government then submitted the 2011 Counter-Terrorism Bill to the Knesset, which passed its first reading in August 2011.[2] In the explanatory notes to the bill, the purpose of the proposed law was outlined:
"The purpose of the proposed law is to equip state authorities with appropriate tools in the fields of criminal and public law to address the terrorist threats facing the State of Israel. This is due to the unique nature of this criminal phenomenon, which is reflected in both the intensity of its harm and the difficulty of combating it due to its scope and complexity. The intensity of the harm caused by terrorism is evident not only in the direct damage to human life and bodily integrity but also in the psychological effect of fear and a sense of threat it creates among the public, disrupting their daily lives over time.
The difficulty in combating terrorism stems from the fact that it is a multifaceted enemy operating in various ways and against different targets. For instance, a terrorist may act independently or belong to a terrorist organization, and a terrorist act may be carried out using conventional, unconventional, or other means. Terrorism targets may include individuals or property, predetermined or random objectives, and so on.
Moreover, when it comes to terrorist organizations, the difficulty in fighting them also arises from their typical characteristics, such as a complex and decentralized structure, internal hierarchy, and division of roles among members, spread over large geographical areas, and receiving material and moral support from elements within the public who back their activities. Their reluctance to cooperate with law enforcement authorities complicates the collection of open and admissible evidence needed to prosecute those involved in terrorism and terrorist organizations. To address this severe and complex criminal phenomenon, it is proposed to provide law enforcement agencies with various tools in the fields of criminal and public law aimed at preventing the existence and activities of terrorist organizations, preventing and thwarting terrorist acts, disrupting the organizational and financial infrastructure that supports them, and, of course, capturing and prosecuting criminals. All of this takes into account the special characteristics of terrorist activities, the difficulties in dealing with this unique form of crime, and the risks it poses to the security of the State of Israel, its residents, and its governance."[3]
As the 18th Knesset was dissolved the legislation process was not complete. In September 2015 after the bill's advancement was renewed by Ayelet Shaked, the Justice Minister, the revised bill past it sfirst reasding.[4][5] It took 30 meetings of Knesset's Constitution, Law, and Justice Committee and 165 objections submitted by the opposition, to get the law approved. On June 15, 2016, the Counter-Terrorism Law was approved in the second and third readings by a majority of 57 Knesset members to 16, and it came into effect on November 1, 2016.[6][7]
The Counter-Terrorism Law replaces most of the laws and ordinances that regulated the work of the security system in combating terrorism. Accordingly, as it is implemented, the Prevention of Terrorism Ordinance, the Prohibition of Terrorism Financing Law, and the Criminal Procedure Law (Arrest of a Suspect in a Security Offense) (Temporary Provision) will be repealed. The law cancels many outdated sections that date back to the British Mandate. Furthermore, the Penal Code, the Criminal Record Law and Rehabilitation of Offenders Law, and the Prisons Ordinance, among others, were also amended.
The 2016 Counter-Terrorism Law broadens the definition of a terrorist organization and terrorist activity, and increases the penalties for those involved in or assisting such activities. The law allows for the designation of charitable organizations as terrorist organizations if they are found to be connected to terrorist activities and also imposes penalties on those who publicly express support for a terrorist organization. Additionally, the law introduces new criminal offenses for the first time, such as digging a tunnel for terrorism purposes or directly inciting an act of terrorism, which carries a sentence of three years imprisonment without requiring proof that the incitement led to an act. In cases of a threat to commit an offense punishable by life imprisonment, the expected sentence is seven years of imprisonment.[8]
| Offense |
The maximum penalty |
Law section |
|---|---|---|
| A public act of identification with a terrorist organization | 3 years in prison | 24(a) |
| Failure to prevent an act of terrorism | 3 years in prison | 26 |
| Membership in a terrorist organization | 5 years in prison | 22(a) |
| Direct call or encouragement to commit an act of terrorism | 5 years in prison | 24(b) |
| Providing means in favor of the terrorist organization (transportation, clothes, money, etc.) | 5 years in prison | 23,25 |
| Recruiting members for a terrorist organization | 7 years in prison | 22(c) |
| Carrying out activities for the benefit of a terrorist organization | 7 years in prison | 30 |
| Threatening to commit an offense punishable by life imprisonment | 7 years in prison | 27 |
| Training and preparation of terrorist elements | 9 years in prison | 29 |
| Performing a managerial or command role in a terrorist organization | 10 years in prison | 21 |
| Committing a property crime related to terrorism | 10 years in prison | 30-32 |
| Standing at the head of a terrorist organization, directly or indirectly | 25 years in prison | 20 |
| Committing a terrorisr offense punishable by life imprisonment (for which no mandatory sentence has been established) | 30 years in prison | 37(a) |
| Committing a terrorist offense using chemical, biological or radioactive weapons | Life imprisonment | 36 |
| Head of an organization whose activity involves murder | Life imprisonment (mandatory sentence) | 20 |
| Holding an advertisement or providing a service related to the publication of materials identifying with a terrorist organization | 2 years in prison | 24(c) |
The law, which applies only within Israel's borders, also addresses the legal procedural aspects of the fight against terrorism, such as witness statements made outside of court, early testimony, statutes of limitations, the detention of suspects in security offenses, deviations from the rules of evidence, and classified evidence. For example, the law allows for the prevention of meetings between a lawyer representing more than one detainee in the same investigation and grants the Minister of Defense authority to confiscate property from suspects in security offenses.[9]
The law formalizes the use of various measures against terrorism without relying on emergency regulations, including administrative detentions and exit bans from the country. For example, law enforcement can hold a detainee for 48 hours before their first court appearance and before they can consult with a lawyer. Additionally, the law allows the Shin Bet (Shabak) to conduct computerized surveillance of anyone suspected of terrorist-related activity, with the Prime Minister's approval.[6]
According to the law, the Minister of Justice is required to submit an annual report to the Knesset's Constitution Committee on the implementation of the law's provisions, including the number of indictments filed for expressing support for a terrorist organization or incitement to terrorism. A report must also be submitted on the implementation of special provisions regarding the detention of suspects in serious security offenses.
The law authorises the Ministry of defense to declare a group of people a terrorist organization. Defense Ministers have exercised this authority, and as a result, dozens of organizations have been designated as terrorist organizations.[10]
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