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Israel : legal aspects of prisoner exchanges

Author: Ruth Levush; Law Library of Congress (U.S.). Global Legal Research Directorate.
Publisher: [Washington, D.C.] : Law Library of Congress, Global Legal Research Center, June 2014.
Edition/Format:   eBook : Document : National government publication : EnglishView all editions and formats
Summary:
Israel has engaged in prisoner-swap deals numerous times throughout its history. The release of members of organizations it considers to be terrorist organizations and of those convicted of terrorism-related offenses has been increasingly contested by the Israeli public. In 2010 in response to public concerns, the Minister of Defense appointed a committee to review Israel's past practices of prisoner releases and  Read more...
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Genre/Form: Electronic books
Additional Physical Format: Print version:
Israel.
[Washington, D.C.] : Law Library of Congress, Global Legal Research Center, 2014
(DLC) 2014504253
(OCoLC)914444287
Material Type: Document, Government publication, National government publication, Internet resource
Document Type: Internet Resource, Computer File
All Authors / Contributors: Ruth Levush; Law Library of Congress (U.S.). Global Legal Research Directorate.
OCLC Number: 1006966592
Description: 1 online resource (10 pages)
Other Titles: Israel (prisoner exchange)
Responsibility: Ruth Levush, senior foreign law specialist.
More information:

Abstract:

Israel has engaged in prisoner-swap deals numerous times throughout its history. The release of members of organizations it considers to be terrorist organizations and of those convicted of terrorism-related offenses has been increasingly contested by the Israeli public. In 2010 in response to public concerns, the Minister of Defense appointed a committee to review Israel's past practices of prisoner releases and determine principles for conducting negotiations for the release of captives. The committee's report was presented to the Israeli government in 2012. The report, however, remains classified, and the guidelines proposed by the committee have not been published. Prisoner releases based on state or security considerations have also been the subject of judicial review. In response to claims made by members of victims' families and victims' organizations, the Supreme Court has established requirements for mandatory prior notice and disclosure of the names of prisoners whose release is being considered. The Court has also recognized the procedures that must be followed to enable members of victims' families to object to the release of the killers of their loved ones. The Court, however, refrained from reviewing the merits of governmental decisions to release prisoners or to determine that they were adopted without legal authority and refused to order the government to adopt any fixed rules that would determine principles for future negotiations. On July 29, 2014, the Knesset (Israel's Parliament) passed the Government Law (Amendment No. 9) (Release of Prisoners for State or Security Considerations), 5774-2014 (Amendment Law). The Amendment Law limits governmental discretion and authority to release prisoners on the basis of state or security considerations. It further authorizes the rearrest of any prisoner who has been released as long as the period of his/her original incarceration has not lapsed and the considerations for his/her release no longer exist. The Amendment Law similarly authorizes the rearrest of any prisoner who has violated the conditions of his/her release or has committed a new offense under conditions enumerated by the Law as long as the period of his/her original incarceration has not lapsed. On November 3, 2014, the Knesset Plenum approved a bill introducing additional restrictions on the release of prisoners as part of prisoner exchange deals by the government and parole boards. The new legislation prohibits commuting a life sentence to less than forty years' imprisonment for prisoners convicted of committing an exceptionally heinous act of murder.

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