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.