Following the discovery of Sgt. Nissim Toledano 's body, the cabinet decided on a number of measures. Among them were the deportation to Lebanon of 415 suspected Hamas activists and the inclusion of three organizations as terrorist under the 1948 Prevention of Terrorism Ordinance. The following documents deal with the cabinet decision of 16 December.
IDF commanders in Judea, Samaria and the Gaza Strip on 16 December signed orders according to which it will be possible to remove from these areas, for a short period of time that would not extend beyond two years, members of terrorist organizations whose actions endanger the lives of people, or who incite to such actions. By the power of these orders, anyone against whom a temporary removal order has been issued can be immediately removed. It was also determined that committees of appeals will be established, headed by military judges, who by virtue of their duties will be able to discuss and decide the appeals submitted to them against the temporary removal orders. As opposed to the current legal situation, these committees will be empowered with full authority to cancel the temporary removal order or reduce the specified period without the necessity of its decisions receiving approval.
The committees will be able to discuss the appeals submitted to them within 60 days from the day the removal order is issued, without the presence of the removed [person], who will be entitled to be represented at the committee by an attorney or family member. The committees of appeals will be authorized to conduct the discussions behind closed doors, if they deem it appropriate on the grounds of regional security. These orders were legislated as emergency orders, in light of the severe events occurring in the areas, which endanger public safety, of Jews and Arabs alike, and which seriously harm the security of these areas.
At the same time, IDF commanders in these areas have issued temporary removal orders against hundreds of residents of these areas, members of the terrorist organizations the Hamas and the Islamic Jihad, whom following thorough examination, decisive security reasoning determined that their removal is imperative.
This measure of temporary removal for a limited period of time on an individual basis is consistent with the instructions of international law and the Israeli law.
Declaration According to Prevention of Terrorism Ordinance, 1948.
By force of its authority according to clause 8 of the Prevention of Terrorism Ordinance of 1948, and in addition to the declaration announced in the file of publications of 1986, page 1,436, the cabinet declares that the following groups are terrorist organizations:
- Hamas [Harakat Mukuma Islamiya] - Hizballah
- Islamic Jihad (alsoknown by names or denominations such as Al-Jihad alIslami, Al-Jihad al-Islami al-Palestini, Sariyat Al-Jihad al-Islami).
This declaration is binding upon the terrorist organizations detailed here, also in the event that they are called by any additional names, denominations or initials or translations to any other language, whether permanently or from time to time, and also upon its factions and extensions.