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Advisory Committee (Counter-Terrorism Law)

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aliasesAdvisory Committee, the Advisory Committee

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Summary

The three-member committee appointed by the Minister of Justice under section 14 of the Counter-Terrorism Law, 5776-2016 — a retired Supreme Court or District Court judge as chairman, a jurist qualified to serve as a District Court judge, and a member with experience in security and counterterrorism appointed in consultation with the Minister of Defense — which advises on permanent designation of a terrorist organization, on designation-revocation applications, and on the four-yearly periodic review of designations made following a designation outside Israel (The Counter-Terrorism Law, 5776-2016, PDF p.12-13, p.22-24).

Details

  • Claims route through it: written claims against a temporary designation are submitted to the Minister of Defense by way of the Committee (section 5(a), PDF p.12); it discusses the claims, allows the requesting Head of the Defense Authority to reply, may summon the parties, and must send its reasoned recommendation, with the information presented to it, within four months, extendable for special grounds (section 5(e), PDF p.13). Revocation applications under sections 7 and 13 likewise go by way of the Committee (PDF p.14, p.22).

  • Confidential information: at a Defense Authority head’s request it may determine information confidential on the State-security / foreign-relations / public-safety / confidential-methods test, inspect it and hear explanations without the applicant or its attorney, base its recommendation on it, and give the applicant a summary insofar as possible; if it finds information not confidential, the head may withdraw it from consideration altogether (section 9, PDF p.16-17).

  • Its discussions are held in camera and its protocols are confidential, subject to its own determination, after hearing the Defense Authority head, that information may be brought to the applicant or the public (section 16, PDF p.25); members are subject to the section 15 conflict-of-interest prohibitions (PDF p.24-25).

  • What a claimant may view excludes the Committee’s material insofar as it is Section 9 confidential information or information withdrawn under section 9(d) (section 8, PDF p.15).

  • The Freedom of Information Law, Section 14(a), gains paragraph (15) for the Committee under section 14 of this Law (section 89, The Counter-Terrorism Law, 5776-2016, PDF p.70).

Counter-Terrorism Law, 5776-2016, The Counter-Terrorism Law, 5776-2016, Shin Bet

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