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Counter-Terrorism Law, 5776-2016

חוק המאבק בטרור, תשע"ו-2016

Published: 2016-06-23Consolidated Hebrew text as of 2025-11-27 · Last amended 2025-04-03✓ Amendment status checked against the Knesset legislation record on 2026-09-17
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Section C: Management of Seized or Forfeited Property

Management of Property§
68.
(a)Orders issued under the provisions of this Chapter in respect of the seizure or forfeiture of property shall constitute authority in the hands of the Official Guardian to seize the property and manage it.
(b)An application for directions to the Official Guardian regarding the temporary management of the property within the framework of an interim order in criminal proceedings shall be submitted to the court after consultation with the Official Guardian.
(c)The expenses of seizure and management of the property under this Chapter, including payment of the expenses of the seizure, forfeiture, management and realisation proceedings, and including the fee of the Official Guardian for the management, shall be collected from all the property managed by him and forfeited under the provisions of this Chapter.

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Chapter VI: Orders for the Prevention or Restriction of Actions

Order for the Prevention of Activity of a Terrorist Organisation§

69.
(a)If a District Commander in the Israel Police (in this Chapter — the District Commander) has reasonable grounds to suspect that an activity of a terrorist organisation, or an activity whose purpose is to advance or support the activity of a terrorist organisation, is taking place or is about to take place, including the holding of an assembly, procession, conference, rally or training, he may issue an order for the prevention of that activity (in this Chapter — an order for the prevention of activity).
(b)An order for the prevention of activity shall specify the activity that has been prohibited, as well as the time and place at which the activity is taking place or is expected to take place, insofar as these are known; if the District Commander finds that in order to prevent the activity as aforesaid it is necessary to restrict the use of the place designated for conducting it, including by directing its closure, the order shall also include a direction for the restriction of the use of the place as aforesaid or for its closure, for the period during which the activity is taking place or is expected to take place, as well as for a reasonable period before or after the conduct of the activity insofar as this is required for the purpose of preventing it, all to an extent not exceeding what is required in the circumstances of the matter in order to prevent the said activity.
(c)A person who regards himself as aggrieved by an order for the prevention of activity may submit his arguments in the matter to the District Commander; the District Commander may leave the order in force, cancel it or vary its conditions.
(d)An order for the prevention of activity shall be displayed at the place where the activity is taking place or is expected to take place, if it is known; notice of the issue of the order and of the right to submit arguments as referred to in this section shall be delivered to the owner of the place and to the person in possession of it, as soon as possible, if they are known and it is possible to locate them and give them the notice with reasonable diligence in the circumstances of the matter.

Order for the Restriction of Use of a Place Serving for Activity of a Terrorist Organisation§

70.
(a)If the Inspector General of the Israel Police (in this Chapter — the Inspector General) has reasonable grounds to suspect that a particular place serves for activity of a terrorist organisation, and that there are reasonable grounds for concern that the place will continue to serve for such activity if its use is not restricted, he may issue an order for the restriction of use of the place as aforesaid, for a period that he shall determine in the order and that shall not exceed three months, and he may extend it for additional periods, provided that the total of all the additional periods shall not exceed three months (in this Chapter — an order for the restriction of use of a place).
(b)An order for the restriction of use of a place shall not be issued unless the owner of the place, and also the person in possession of it, have been given an opportunity to submit their arguments, if they are known and it is possible to locate them with reasonable diligence in the circumstances of the matter; however, if the Inspector General has reasonable grounds for concern that giving a right to a hearing as aforesaid is likely to frustrate the purpose of the order, he may issue an order for the restriction of use of a place even without giving such a right, provided that it is given as soon as possible thereafter.
(c)If an owner or a person in possession has submitted his arguments as referred to in subsection (b), he may re-submit his arguments if new facts have been discovered or the circumstances have changed.
(d)A Magistrate's Court may, on a written application by a person authorised by the Inspector General for that purpose, order the extension of the validity of an order for the restriction of use of a place, on conditions that it shall determine, for an additional period not exceeding six months, if it is satisfied that the restriction of use of the place is essential for the prevention of the continuation of the activity by reason of which the order was issued, and it may order so again from time to time; the provisions of section 65 regarding deviation from the law of evidence and classified evidence shall apply to proceedings under this section and to an appeal thereon.
(e)An order for the restriction of use of a place shall specify, inter alia, the conditions, restrictions or prohibitions on the use of the place stated in the order, including the closure of the place, to an extent not exceeding what is required in the circumstances of the matter in order to prevent the continuation of the activity of the terrorist organisation at the place.
(f)Where an order for the restriction of use of a place has been issued, a police officer may enter the place in respect of which the order was issued and take reasonable measures, including the use of force, that are necessary to ensure compliance with the order.
(g)An order for the restriction of use of a place shall be displayed at the place to which it applies; notice of the issue of the order and of the right to submit arguments as referred to in this section shall be delivered to the owner of the place and to the person in possession of it, as soon as possible, if they are known and it is possible to locate them and give them the notice with reasonable diligence in the circumstances of the matter.

Restriction Order in respect of the Funeral of a Terrorist§

70a.
(a)In this section —

"person responsible for organising the funeral of a terrorist" means a family member of a terrorist who is responsible for organising the funeral of the terrorist, or another person whom the District Commander considered to be regarded as responsible for organising the funeral of the terrorist;

"funeral of a terrorist" means the escorting of a terrorist for burial and his burial, as well as any gathering or activity in connection therewith;

"terrorist" means a person who was killed in connection with the commission of an act of terrorism by him or an attempt to commit such an act;

"security" means a monetary bail or personal recognisance of a person responsible for organising the funeral of a terrorist, whether alone or in conjunction with a guarantee of any kind, a guarantee or monetary bail of sureties.

(b)For the purpose of maintaining public peace and safety, including for the purpose of preventing breaches of order, incitement to terrorism or expression of identification with a terrorist organisation or with an act of terrorism, the District Commander may direct, by order, conditions for the conduct of the funeral of a terrorist (in this Chapter — a restriction order in respect of the funeral of a terrorist).
(c)Conditions in a restriction order in respect of the funeral of a terrorist may relate, inter alia, to the number of participants in the funeral of the terrorist and their identity, the route of the funeral, the time of the funeral and objects that shall be prohibited for use during the funeral, and in special cases — also to the place of burial of the terrorist having regard to the position of his family members.
(d)If the District Commander is of the opinion that, due to the holding of the funeral of a terrorist, there is concern of harm to public peace and safety, of breaches of order, of incitement to terrorism or of expression of identification with a terrorist organisation or with an act of terrorism, he may direct in the restriction order in respect of the funeral of the terrorist also the lodging of security by the person responsible for organising the funeral of the terrorist, for the purpose of ensuring compliance with all or some of the conditions set in the order as aforesaid.
(e)If security has been lodged by a person responsible for organising the funeral of a terrorist under the provisions of subsection (d) and a condition of the order for the securing of whose compliance the security was lodged has been breached, the District Commander may notify the person responsible for organising the funeral, within a period not exceeding 30 days from the date of the breach, of the realisation of the security, provided that he has given the person responsible an opportunity to submit his arguments; if the District Commander has not given notice of the realisation of the security within the said period — the security shall be returned.
(f)
(1)If security has not been lodged, in whole or in part, and the District Commander is satisfied that a condition of the conditions for the securing of whose compliance the security was required has been breached, he may direct the person responsible for organising the funeral of the terrorist to pay a sum in the amount of the security that was required (in this section — the liability amount) within 14 days from the day on which a demand for its payment was given to him;
(2)A liability amount that has not been paid, in whole or in part, by the end of the period referred to in paragraph (1) (in this section — the determining date), shall bear a late payment addition (in this subsection — the addition); the rate of the addition shall be fifty percent of the liability amount or of the unpaid part thereof, as the case may be, and at the end of every period of six months that have elapsed from the determining date — a further five percent of the liability amount or of the part thereof as aforesaid;
(3)The Fines, Fees and Costs Collection Authority Law, 5755-1995, shall apply to the collection of the liability amount and the addition.
(g)Nothing in the provisions of this section shall derogate from the powers vested in a police officer under any law.

Order for the Delay of Delivery of the Body of a Terrorist§

70b.
(a)If the District Commander has reasonable concern that as a result of the funeral of a terrorist harm to personal safety will be caused or an act of terrorism will be committed, or that during the funeral incitement to terrorism or expression of identification with a terrorist organisation or with an act of terrorism will be carried out, he may, if he is of the opinion that this is vitally necessary to prevent the said harm or acts and that they cannot be prevented in another reasonable manner, direct by order the delay of delivery of the body of the terrorist and the holding of his funeral, until compliance with the conditions set in the restriction order in respect of the funeral of the terrorist, or until the expiry of 10 days from the day the order under this subsection was given, whichever is earlier.
(b)The Inspector General may direct the extension of the period of validity of an order for the delay of delivery of the body of a terrorist as referred to in subsection (a), from time to time, until fulfilment of the conditions set in the restriction order in respect of the funeral of the terrorist.

Provisions regarding a Petition concerning an Order for the Prevention of Activity or an Order for the Restriction of Use of a Place§

71.
(a)In hearing a petition concerning an order for the prevention of activity or an order for the restriction of use of a place, an Administrative Court may cancel the order, confirm it or vary its conditions, and it may return the matter with directions to the person who issued the order.
(b)The provisions of section 65 regarding deviation from the law of evidence and classified evidence shall apply to a petition as referred to in subsection (a) and to an appeal thereon.

Breach of an Order for the Prevention of Activity or an Order for the Restriction of Use of a Place§

72.

A person who breaches an order for the prevention of activity or an order for the restriction of use of a place, including a person who permits another to use a place in respect of which such an order was issued, is liable to imprisonment of two years.

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Chapter VII: Legislative Amendments

Repeal of the Prevention of Terror Ordinance§

73.

The Prevention of Terror Ordinance, 5708-1948 — is repealed.

Repeal of the Prohibition of Terrorism Financing Law§

74.

The Prohibition of Terrorism Financing Law, 5765-2005 — is repealed.

Repeal of the Criminal Procedure (Detainee Suspected of a Security Offence) (Temporary Provision) Law§

75.

The Criminal Procedure (Detainee Suspected of a Security Offence) (Temporary Provision) Law, 5766-2006 — is repealed.

Amendment of the Defence Regulations (Emergency)§

76.

In the Defence Regulations (Emergency), 1945 —

(1)In regulation 2(1), the definitions "angaria requisition" and "motor vehicle" — shall be deleted;
(2)Regulations 2(3) and (4), 2a, 6(3) and (4), 9(3), 10, 11, 61, 66, 67, 70, 71a, 73, 78 to 85, 94 to 96, 120, 121, 122(1)(b), 123, 127a to 128, 131, 133(1), 134, 135, 135a, 137a to 137c, 139a, 141 to 143c and 146 to 162 — are repealed;
(3)Regulations 127, 139, 140 and 143d — are repealed, except in respect of the powers set out in regulations 72, 74 to 77, 119 and 145.

Amendment of Citizenship Law – No. 12§

77.

In the Citizenship Law, 5712-1952 –

(1)in section 11(b)(2)(a), instead of "in the Prohibition of Terrorism Financing Law, 5765-2005" there shall come "in the Counter-Terrorism Law, 5776-2016 (in this Law – the Counter-Terrorism Law)";
(2)in section 11a(a), instead of "in the Prohibition of Terrorism Financing Law, 5765-2005" there shall come "in the Counter-Terrorism Law".

Amendment of the Knesset Premises, Compound and Guard Law – No. 16§

78.

In the Knesset Premises, Compound and Guard Law, 5728-1968, in section 3(c), after paragraph (4) there shall come:

"(5) the Counter-Terrorism Law, 5776-2016, as well as offences under another enactment that constitute an act of terrorism as defined in that Law."

Amendment of the Victims of Hostile Action (Pensions) Law – No. 33§

79.

In the Victims of Hostile Action (Pensions) Law, 5730-1970, in section 1, in the definition "hostile action injury", in paragraph (5), instead of "a terrorist organisation declared by the Government under section 8 of the Prevention of Terrorism Ordinance, 5708-1948" there shall come "a terrorist organisation declared under Section A of Chapter II of the Counter-Terrorism Law, 5776-2016".

Amendment of the Prisons Ordinance – No. 50§

80.

In the Prisons Ordinance [New Version], 5732-1971 –

(1)in section 45a(a), instead of the definition "terrorist organisation" there shall come:

"\"terrorist organisation\" – as defined in the Counter-Terrorism Law, 5776-2016;";

(2)in section 45a1 –
(a)in subsection (a), instead of the definition "terrorist organisation" there shall come:

"\"terrorist organisation\" – as defined in section 45a";

(b)in subsection (b), instead of "terrorist organisation" there shall come "terrorist organisation";
(3)in the First Schedule A, after item 3 there shall come:

"4. A serious security offence as defined in the Counter-Terrorism Law, 5776-2016, as well as an offence under section 22(a) of that Law."

Amendment of the Penal Law – No. 123§

81.

In the Penal Law, 5737-1977 –

(1)in the heading of Section A-1 of Chapter VIII, instead of "incitement to racism, violence or terrorism" there shall come "incitement to racism or violence";
(2)in section 144d2 –
(a)in the marginal heading, the words "or to terrorism" shall be deleted;
(b)in subsections (a) and (b), wherever they appear, the words "or terrorism" shall be deleted;
(3)in section 144d3, in the marginal heading, the words "or to terrorism" shall be deleted;
(4)in section 453, after subsection (c) there shall come:

"(d) One who commits an offence as referred to in section 452 in relation to property that is a sensitive facility as defined in the Counter-Terrorism Law, 5776-2016, is liable to ten years' imprisonment."

Amendment of the Criminal Record and Rehabilitation of Offenders Law – No. 18§

82.

In the Criminal Record and Rehabilitation of Offenders Law, 5741-1981 –

(1)in section 17(4), at the end there shall come:

"(y) the Counter-Terrorism Law, 5776-2016, as well as offences under another enactment that constitute an act of terrorism as defined in that Law.";

(2)in the First Schedule, in item (t1), instead of "and under sections 84, 120 and 130" there shall come "under Section A of Chapter II and under Chapter V of the Counter-Terrorism Law, 5776-2016, and under section 130".

Amendment of the Courts Law – No. 84§

83.

In the Courts Law [Consolidated Version], 5744-1984 –

(1)in section 68 –
(a)after subsection (c) there shall come:

"(c1) During deliberation of an application for a hearing in camera, the court may, upon the application of a representative of the Attorney General, deviate from the rules of evidence for reasons that shall be recorded, and receive evidence even in the absence of a party to the deliberation or that party's representative, or without disclosing it to them, if it is satisfied that disclosure of the evidence may harm State security, the State's foreign relations, public safety or security, or may expose classified working methods, and that non-disclosure thereof is preferable over disclosure in the interests of justice; before making a decision under this subsection, the court may examine the evidence and hear explanations in the absence of the respondent and that party's representative.

(c2)The court shall deliberate in camera when testimony is given by a witness whose identity is protected pursuant to a certificate of privilege issued under sections 44 or 45 of the Evidence Ordinance [New Version], 5731-1971, or pursuant to the provisions of any other law; however, the court may, for reasons that shall be recorded, deliberate on the matter, in whole or in part, in public.";
(b)in subsection (d), at the end there shall come "and it may order accordingly also in a deliberation under subsection (c2), for reasons that shall be recorded";
(2)in the First Schedule –
(a)items 8, 10 and 11 shall be deleted;
(b)after item 13 there shall come:

"14. Offences under sections 21 and 31 of the Counter-Terrorism Law, 5776-2016."

Amendment of the National Insurance Law – No. 178§

84.

In the National Insurance Law [Consolidated Version], 5755-1995, in section 326(c), instead of "in one or more of the offences enumerated in paragraphs (1) and (2) of the definition \"security offence\" in the Criminal Procedure Law (Suspect Detained on Suspicion of a Security Offence) (Temporary Provision), 5766-2006," there shall come "in a serious security offence as defined in the Counter-Terrorism Law, 5776-2016".

Amendment of the Public Defender Law – No. 23§

85.

In the Public Defender Law, 5756-1995, in section 18(a), after paragraph (18) there shall come:

"(19) a person for whom the court has decided to appoint a defence counsel under section 51(c) of the Counter-Terrorism Law, 5776-2016."

Amendment of the Criminal Procedure Law (Enforcement Powers – Arrests) – No. 13§

86.

In the Criminal Procedure Law (Enforcement Powers – Arrests), 5756-1996, in section 35(b) –

(1)in paragraph (2), instead of "64, 66, 67, 84 and 85" there shall come "and 64";
(2)instead of paragraph (3) there shall come:

"(3) a serious terrorist offence as defined in the Counter-Terrorism Law, 5776-2016;";

(3)paragraph (5) shall be deleted.

Amendment of the Prohibition of Erection of Memorial Monuments in Memory of Perpetrators of Acts of Terror Law§

87.

In the Prohibition of Erection of Memorial Monuments in Memory of Perpetrators of Acts of Terror Law, 5758-1998, in section 3, instead of "under section 4 of the Prevention of Terrorism Ordinance, 5708-1948" there shall come "under section 24 of the Counter-Terrorism Law, 5776-2016".

Amendment of the Legal Assistance between States Law – No. 11§

88.

In the Legal Assistance between States Law, 5758-1998, in the Second Schedule –

(1)in item g2, in the preamble, instead of "as defined in the Prohibition of Terrorism Financing Law, 5764-2004" there shall come "as defined in the Counter-Terrorism Law, 5776-2016 (in this Schedule – the Counter-Terrorism Law)";
(2)after item 11 there shall come:

"12. Terrorist offences, as defined in the Counter-Terrorism Law."

Amendment of the Freedom of Information Law – No. 13§

89.

In the Freedom of Information Law, 5758-1998, in section 14(a), after paragraph (14) there shall come:

"(15) the advisory committee, under section 14 of the Counter-Terrorism Law, 5776-2016."

Amendment of the Prohibition of Money Laundering Law – No. 15§

90.

In the Prohibition of Money Laundering Law, 5760-2000 –

(1)the definition "Prohibition of Terrorism Financing Law" shall be deleted;
(2)after the definition "Companies Law" there shall come:

"\"Counter-Terrorism Law\" – the Counter-Terrorism Law, 5776-2016;";

(3)in section 28, instead of "prohibition of terrorism financing" there shall come "counter-terrorism";
(4)in section 29(b), instead of "prohibition of terrorism financing" there shall come "counter-terrorism";
(5)in section 30, wherever it appears, instead of "prohibition of terrorism financing" there shall come "counter-terrorism";
(6)in section 31(a), instead of "prohibition of terrorism financing" there shall come "counter-terrorism";
(7)in section 31b(a)(1), instead of "section 48(a) of the Prohibition of Terrorism Financing Law" there shall come "section 95 of the Counter-Terrorism Law";
(8)in the First Schedule, in item (18), instead of "or under Sections B to F of Chapter VII of Part 2 of the Penal Law" there shall come "under Sections B to F of Chapter VII of Part 2 of the Penal Law, or under sections 20, 21, 22, 23, 25, 28, 29, 30, 31 and 32 of the Counter-Terrorism Law, or an offence that constitutes an act of terrorism under that Law".

Amendment of the Administrative Courts Law – No. 99§

91.

In the Administrative Courts Law, 5760-2000, in the First Schedule, after item 54 there shall come:

"55. Counter-Terrorism –

(1)a decision of an authority in the matter of an administrative seizure order and a forfeiture order under Chapter V of the Counter-Terrorism Law, 5776-2016 (hereinafter – the Counter-Terrorism Law);
(2)a decision of an authority in the matter of an order for the prevention of activity or an order for the restriction of use of a place, under Chapter VI of the Counter-Terrorism Law."

Amendment of the Crime Organisations Combat Law – No. 5§

92.

In the Crime Organisations Combat Law, 5763-2003, in the First Schedule, item 3 shall be deleted.

Amendment of the Law for the Regulation of Research in Biological Disease Agents§

93.

In the Law for the Regulation of Research in Biological Disease Agents, 5769-2008, in section 1, in the definition "security offence", after paragraph (5) there shall come:

"(6) a terrorist offence as defined in the Counter-Terrorism Law, 5776-2016, except for an offence under sections 26, 32 and 36 of that Law;".

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