SUMMARY OF THE ATTORNEY GENERAL’S OPINION REGARDING THE ‘KACH’ AND ‘KAHANE CHAI’ ORGANIZATIONS

(Communicated by the Office of the Attorney General)

Jerusalem, 13 March 1994

The following is a summary of the Attorney General’s opinion regarding the ‘Kach’ and ‘Kahane Chai’ organizations:

The Attorney General was asked by the Government to ‘examine and propose possible ways of declaring the Kach and Kahane Chai organizations to be illegal.’

After having received a great deal of detailed information from security personnel, the Attorney General was convinced that the above-mentioned movements (hereunder ‘the Movements’) constitute ‘a group of individuals, who in their activities, employ violence, and are liable to cause death or injury, or who threaten such violent acts.’ Consequently, they constiute a ‘terrorist organization,’ in accordance with the meaning of that phrase as defined by the Prevention of Terror Law, 5708-1948 (hereunder, ‘the Law’). The designation of an organization as a terrorist organization carries with it legal and administrative sanctions. Inter alia, those who are members of a terrorist organization, who perform functions in it, or who verbally, actually or financially support these organizations are guilty of an offense whose punishment is imprisonment or the imposition of a fine. The State is also authorized to confiscate the property of the organization, and the Police Inspector-General is authorized to order the closure of any place which is used by a terrorist organization or by its members. The administrative actions are subject to judicial review.

An organization may be designated as a terrorist organization by the decision of a court when considering an indictment relating to membership or activity in, solidarity with or support for, a terrorist organization. It can also be done by way of a Government declaration that a certain group of persons constitutes a terrorist organization in accordance with the Law. A determination, as described, by a Government designation, or by a final judgment of a court, will serve as prima facie evidence of the validity of the determination for all procedures having to do with the organization, and the burden of proof shall be on whoever challenges the validity of the determination.

Since the Government’s designation of an organization as a terrorist organization carries with it administrative sanctions, and since the rights of an organization determined to be a terrorist organization, as well as those of its adherents, will be limited, it is the opinion of the Attorney General that before the Government designates these movements to be terrorist organizations, it is necessary that it be convinced that, as a result of the evidence before it, and as a result of all the relevant considerations, it is advisable to make the above determination.

To this end, the Attorney General has found that the evidence and the professional assessments contained therein unequivocally indicate that clear, conspicuous, and continuing patterns of violence, or threats of violence, have been identified within the activities of these organizations, and that they are liable to cause death or injury to individuals.

The Attorney General has further found that the evidence brought before him indicates the probability that acts of violence and threats of violence will be repeated by the movements and their members and adherents.

On the basis of these findings, it is the Attorney General’s opinion that the balance of facts and considerations as of today justifies the designation of these movements as terrorist organizations in accordance with the Law.

The Attorney General has further found that since the Law does not directly apply in Judea, Samaria, and the Gaza District, a separate declaration by the military commanders in these areas is necessary in order to determine that these movements constitute terrorist organizations in these areas as well.