Segment of the Government Law
Wednesday, May 21, 2025, 8:29 In the event that the State of Israel determines that the release of imprisoned terrorists is necessary for maintaining national security or conducting foreign diplomacy, the action is allowed by law. However, a paragraph in the Government Law mandates that released terrorists who subsequently commit further crimes should be returned to prison for the completion of their original sentences. Honenu reveals that in practice, this law is not enforced. Contrary to the law, the government has not established a committee authorized to rule on recidivist terrorists.
Two relevant paragraphs of the Government Law are paragraphs 8b(a) and 8b(c). Paragraph 8b(a) of the Government Law authorizes the government to release prisoners in the event that the release is necessary for managing the foreign relations of the government, and in the circumstances mentioned that includes negotiations for the release of hostages.
Paragraph 8b(c) states that simultaneous to the release of terrorists, the government will establish a committee whose job is to examine the necessity of revoking the release of prisoners, among them those who returned to terror.
Honenu wrote a letter to Prime Minister Binyamin Netanyahu, Justice Minister Yariv Levin, Defense Minister Yisrael Katz, and National Security Minister Itamar Ben Gvir calling on them to implement the law and establish the committee.
Attorney Yitzhak Bam sent the letter, which states that in the recent deal for the release of hostages being held in the Gaza Strip, “hundreds of Palestinian prisoners convicted of serious terror crimes, including murder, who were sentenced to lengthy terms, even life sentences, were released. A minority of the released terrorists were permanently deported. However, many were released to the Yehuda and Shomron regions, and some of them were released within the Green Line.”
The letter cites that while the State of Israel has the discretionary right to release prisoners. there is an unequivocal legal condition that “if a released prisoner commits a crime whose penalty is at least three months’ imprisonment during what would have been his original prison term, the release may be canceled and the prisoner returned to complete his sentence.”
“In accordance with this law, canceling the release of a terrorist who returns to terror is facilitated by establishing a committee headed by a retired judge appointed by the Prime Minister. The other committee members will be a representative of the Justice Minister and an employee of either the Defense Ministry or the National Security Ministry.
“From the information publicly available on social media, in the mainstream media, and on other platforms, it appears that many of the prisoners released in the deal returned to terrorist activity, sometimes soon after their release. Photographs and other documentation show them carrying weapons or participating in events of terror organizations or incitement to terror. The activities constitute criminal offenses according to Israeli civil and military law, and establish clear legal grounds for returning them to prison.”
However, as of now, the above-mentioned committee has not been established, “therefore there is no committee authorized to rule on cases of terrorists released in the most recent deal who have returned to committing crimes. In the absence of a judge, there is no justice, and the provision of law that allows for the return of recidivist terrorists to prison is not enforced. This situation is detrimental to public security and the deterrence of released terrorists,” warned Honenu.
At the conclusion of the letter, Honenu demanded that the Prime Minister and the cabinet ministers uphold the law, “establish the committee and appoint its members so cases of released terrorists who carried out an additional crime after their release can be adjudicated. As long as the committee has not been established, Honenu will turn to the authorized courts in a request for appropriate assistance.”
Attorney Bam commented on the issue: “The release of convicted terrorists encourages terror. Consequently, all released terrorists must know that the threat of return to prison will hang over their heads if they commit even the most minor crime. The Israeli government is obligated to establish the committee. Therefore, I expect the Prime Minister, the Defense Minister, the Justice Minister, and the National Security Minister to establish the committee promptly so that every released terrorist will know that committing further acts of terror will lead to a return to prison for the completion of their original sentence.”