NVR will be successful if Israel could only thwart it by using arrest and prevent return or permanently incapacitate. One important factor determining the threat level for Israel would be the legal situation. The legal questions who came to mind are listed below:
Under what conditions would measures of “arrest and prevent return” or “permantely incapacitate” be illegal under Israeli law?
If these measures were illegal, it would be impossible to carry them out on a large scale unless the law were changed. Would such laws be compatible with the Israeli constitution? What kind of punishment could members of the security forces or decision makers expect if their actions or decisions were unlawful?
It can be assumed that arrest and release and disperse would be legal under Israeli law.
Under what conditions would measures of “arrest and prevent return” or “permanently incapacitate” be illegal under International law?
It is very likely that these measures would be illegal under international law but a detailed analysis would be helpful. Arrest and prevent return would probably be considered as being “ethnic cleansing”.
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