General Update
Following the 7th October attack and Israel’s ongoing bombardment of Gaza, several protests have taken place calling for the release of all hostages, an immediate ceasefire and an end to the brutal violence against the Palestinian people. Protests have also taken place in criticism of the Prime Minister’s failure to prevent the 7th October attack.
The Arab Centre for Minority Rights in Israel (Adalah) noted that since 7th October
“Palestinian citizens of Israel (PCI), as well as some Jewish Israelis, have faced political persecution and a severe crackdown on their freedoms of expression and assembly. This suppression results from a widespread, coordinated effort among government offices, Israeli institutions, and extreme right-wing groups, all of which are targeting Palestinians and others who voice their support for, or solidarity with, the people of Gaza.”
Between 7th October 2023 and 13th November 2023, Adalah documented at least 251 cases of arrests, interrogations and “warning talks” related to social media posts (see under expression), involvement in protests or other activities such as political or religious activity or obstructing police work. In this period, 76 indictments were filed related to charges of “incitement to terrorism” and/or “identifying with terror organisations,” as defined in Israel's 2016 Counter Terrorism Law.
Peaceful Assembly
Anti-war and Gaza solidarity protests
The Association for Civil Rights in Israel (ACRI) has documented several restrictions on the right to protest including the use of disproportionate force and arbitrary arrests, unnecessary authorisation requirements, banning of prior approved protests and confiscation of protest signs. On 14th October 2023, the ACRI wrote to the police commissioner requesting that the freedom of expression and the right to protest be guaranteed, including under the restrictions of emergency regulations. Shortly after, the police imposed a blanket ban on demonstrations related to political, diplomatic, or security issues and prohibited holding a protest near the Prime Minister's residence which called for his removal. Later, the police subsequently issued an ambiguous notice allowing protests.
Between 18th and 20th October 2023, several protests took place in response to the Israel bombardment in Gaza, in Haifa and the Palestinian town Umm al-Fahmin. The protests went ahead following an order by the Israeli Police Commissioner to reject all permits for demonstrations in support of the Palestinian people in Gaza. Adalah sent an urgent letter to the Police Commissioner and to Israel's Attorney General to demand the immediate cancellation of the illegal directive.
On 18th October 2023, shortly before a protest was about to begin in Haifa, police arrived, declared the protest unlawful and detained five protesters overnight, who refused to leave the area. The Haifa court ordered their release the next day.
On 19th October 2023, police spokesperson Eli Levy publicly stated that protests “in support of Gaza or a Nazi terrorist organisation that committed a Holocaust here” will not be permitted. He also stated that “Anyone who dares to step out and utter a single word in praise of Gaza will be behind bars." On the same day, police violently detained 12 protesters, including minors and used batons, rubber bullets, stun grenades against protesters. National Security Minister Itamar Ben-Gvir praised the police’s response to the protests stating, “A number of demonstrators in Umm al-Fahem who tried to demonstrate tonight were met with arrests and zero tolerance on the part of the police officers”.
In early November 2023 the High Court upheld a ban on protests in two Arab Israeli cities. Police banned the two protests on the grounds that they were likely to disrupt “public order” and public security related to calls for violence.
Between 9th and 12th November 2023 several protests were staged against the arrests of the heads of the High Committee for the Arabs in Israel, a political umbrella group, and Meir Baruchin. Barcuchin is a teacher who was arrested after a social media post which expressed solidarity with the Palestinian people and opposed the IDF's operations in Gaza. The ACRI stated that police used disproportionate force, including physical violence such as beating and dragging protesters and made arbitrary arrests. Police verbally harassed protesters, calling them “traitors” and told them to “go to Gaza.” In a letter to the Attorney General, the organisation raised its concerns over the polices’ misconduct.
In at least two cases police demanded that organisers of two small protests report to the police station to obtain prior authorisation. In one case the demonstration was not approved. According to international human rights law, prior approval is not a requirement, especially when dealing with small or spontaneous protests which are organised quickly in response to ongoing events.
On 15th November 2023, ACRI petitioned the high court, after police refused permission for the Hadash party to hold a demonstration in Tel-Aviv, citing public order and public security concerns. Following this, the police agreed to approve the demonstration at a different location, with a limitation on the number of participants.
Left-wing protest organisers from the Standing Together group (a coalition of over 20 organisations) applied to the police in advance for permission to hold a march called “Only Peace Will Bring Security” on 11th January 2024. However, police instructed them to hold the march at an alternative route and organisers were required to sign a document of conditions. Three days prior to the march, the police retracted their decision for the authorisation of the march on the grounds that the march location would increase the likelihood of violence erupting.
On 17th January 2024, ACRI petitioned the high court of Justice after police refused to grant permission for protests in Haifa organised by "The Peace Partnership" on three occasions. Following the hearing, the police announced that they were withdrawing their refusal and permitted the protest to go ahead with a limitation of 700 participants.
Between 31st August and 9th September 2024 at least 127 protesters were arrested during anti-war protests. Of these 56 people were held in overnight detention, after which they attended remand hearings where the courts found no substantial grounds for their arrest. On 9th September 2024, ACRI sent legal correspondence to the State Prosecutor demanding immediate action to address the police conduct. It highlighted that these practices are “part of a recurring pattern of police abuse, with demonstrators frequently held in overnight detention without proper justification”.
Police have harassed and arrested protesters who carried critical protest signs, such as “Stop the massacre," "Stop the genocide in Gaza” or symbols associated with Palestinian solidarity such as the watermelon or Palestinian flag. In one example, on 29th October 2023, Israeli police arrested Yoav Bar a 68-year-old resident of Haifa, who has been advocating for Palestinian rights and involved in protests, for suspicion of “incitement and membership in a terrorist organisation”. Police stated that they had “seized a significant amount of materials suspected of constituting incitement, such as posters, signs, and media related to security prisoners and terrorist organisations.” Bar was hospitalised during his detention due to his health and later released after a judge ruled that the arrest was illegal since the materials alleging the offence were confiscated in a private setting.
According to ACRI, the large number of incidents show that there is “at least systematic practice” or policy by the police. In response to these worrying developments, it wrote to the State Attorney's Office six times to clarify its approach, after which it petitioned the high court. It provided evidence of 14 separate incidents during protests where police continued to prevent the “carrying of signs and chanting of slogans, sabotage signs, attack demonstrators, and make violent arrests.” On 25th August 2024, the high court dismissed a petition filed by the organisation. The court ruled that petition was moot since the police legal counsel had issued an instruction to officers which prohibited the confiscation of political signs.
Public events at universities and censoring students
In January 2024 Tel Aviv University announced that, due to the war, only public activities organised by the university authorities or the student union would be allowed on campus in the first semester. Following legal correspondence with ACRI, the university vice-rector clarified that the university has not prohibited and does not intend to prohibit activities or meetings of student groups on campus. However, the Dean of Students refused to allow the Hadash student group to host a lecture on student rights in higher education institutions, with a focus on disciplinary committees. The university cited the “war and shortage of security guards” as a reason for their decision and stated that only urgent events were approved during this period. However, following ACRI’s appeal, the university's Public Activities Committee issued a new notice stating that student groups are permitted to hold public activities, with the limitation that each group is only allowed to host one public activity for the remainder of the semester. In another incident, the same student group planned to stage a protest at the university on 15 May 2024, to mark Nakhba day, a day which commemorates the displacement and the ethnic cleansing of Palestine in 1948. However, police denied the approval for the protest, despite repeated attempts by the group for permission. Following a petition by ACRI to the High Court of Justice, on 14 May 2024 the police announced that the protest was permitted to go ahead.
The politicisation of the police impacts on the right to protest
Since coming into government, Minister of Security Ben Gvir has “successfully politicised the police force, creating an environment where dissenters are criminalised.” For example, the Minister amended the Police Ordinance (amendment 37) to expand his powers over the police. A petition by ACRI to the High Court of Justice against this amendment is pending. In the interim, the court issued an injunction prohibiting Gvir from interfering in the policing of protests. According to ACRI, the Minister has overstepped his powers by setting general agendas for the police, giving direct orders to police commanders, interfering in investigations and in the promotion and appointment of officers in the police and prison service. Additionally, the use of undercover police officers to suppress protests has become frequent in recent months. ACRI stated that undercover police “walk among protesters and document them on their cell phones, arrest those they perceive as leaders of the protests, and use force and violence against them in a shocking manner, without first revealing themselves as police officers”. The minister's policies have disproportionately impacted the Arab population in Israel.
Association
On 2nd November 2023, during a Knesset committee session, a Member of Knesset, Tzvika Fogel (Jewish Power Party) verbally attacked an ACRI staff member, Debbie Gilad-Hayo, claiming that she had come to arrange family visits for Hamas, implying that the organisations’ work to uphold the fundamental human rights of prisoners in Israel amounted to support for Hamas. Fogel also proceeded to post a video on social media to spread these claims. Following this, the staff member received several threats including against her family. In a statement, ACRI confirmed that the seriousness and intensity of the threats necessitated enhanced security measures for the staff members and the premises. for ACRI' staff and offices.
Imprisonment of Palestinian HRDs
Several Palestinian Human Rights Defenders (HRDs) living in Israel are facing persecution for their activism.
On 19th October 2023, Israeli police arrested Ahmad Khalefa, a Palestinian citizen of Israel, lawyer and HRD along with 10 other demonstrators during a peaceful protest in Umm al-Fahm in northern Israel. He was charged with “incitement to terrorism” and “identification with a terrorist group,” (under the broadly worded Israeli counter terrorism law) for chanting slogans against the war in Gaza. Amnesty International stated that during his nearly four months in prison, Khalefa was subject to torture and other ill-treatment, including beatings and witnessing the torture of other prisoners. On 30 January 2024, he was placed under house arrest under strict terms, including electronic tagging. In an appeal to the state attorney, Amnesty International said: “The baseless charges against him, part of a broader crackdown against Palestinian citizens of Israel and their freedom to protest against the war on Gaza, violate Israel’s obligations under Articles 19 and 21 of the International Covenant on Civil and Political Rights, which it has ratified”.
Together with Khalefa, police also arrested Muhammad Jabareen, an activist who works with youth, under the same charges. Despite many appeals by the legal team, Jabareen was held in an Israeli prison for eight months, enduring inhumane conditions.
Expression
Amendments to counter-terrorism law likely to harm expression
Article 24 of the Counter Terrorism law seeks to strike a balance between freedom of expression and protecting state and public security. However, a series of amendments to Article 24 approved by the Ministerial Committee on Legislation could disproportionately harm freedom of expression.
The Amendment to The Counter-Terrorism Law (Identification with the Perpetrator of a Terrorist Offense), and the Amendment to Combating Terrorism (Prevention of Identification with a Terrorist Organization) Bill, 2024. Both bills remove the probability test, where expression should only be prohibited if there is a real probability that it will lead to an act of terrorism, taking into account the content of the statement, the circumstances, timing and scope of the publication, the public atmosphere, and the identity and status of the speaker. However, the amendments will criminalise a statement even when there is no risk that it will lead to acts of terrorism. For example, simply condemning attacks on civilians or the use of acts of terrorism may amount to a serious offence. The Arab Centre for the Development of Social Media (7amleh) noted that “the new Israeli law paves the way for the swift criminalisation of Palestinian individuals who have not committed or planned any offence, and increases the Israeli authorities’ surveillance of Palestinian citizens and their rights to privacy, freedom of expression and knowledge”.
The Amendment to The Counter-Terrorism Law (Incitement to Terrorism on Social Media) 2024 expands the definition of "advertising" set out in the law by equating publicity with a "like" on social networks. The bill seeks to lower the bar for the probability test, requiring "reasonable" rather than "real" probability that a statement will lead to an act of terrorism. The amendment also gives more power to the police, as they no longer need permission from the Attorney General before initiating criminal proceedings for such offences. ACRI stated that this is likely to silence dissent. The organisation stated that the majority of investigations and arrests thus far were of Arab citizens and residents. For example, a woman was investigated for posting a picture of a large fish eating a small fish, and a person was investigated for posting a picture of injured children in Gaza with the caption "The eye cries for the children of Gaza."
The Amendment to the Counter-Terrorism Law (Offence of Identification with a Terrorist Organization and Compensation for Publication of Incitement to Terrorism), proposes to impose liability in tort for publications prohibited by law, without proof of damage. This could be used against those who are critical of the government, leading to a chilling effect.
Attacks on journalists
Police have repeatedly prevented journalists from covering protests, at times through the use of force, physical violence or false arrests. They have also failed to protect journalists when they are attacked. In a statement, Reporters Without Borders noted that at least 15 journalists in Israel have been subjected to intimidation and harassment by members of the Israeli security forces and Israeli citizens, noting that Arab and Palestinian journalists have come under threat.
On 13th October 2023, Israeli police stopped, physically attacked and held BBC Arabic journalists Muhannad Tutunji and Haitham Abudiab and their crew at gunpoint. The police stated that the crew's vehicle was “suspicious”, even though it was marked as “TV, with the crew wearing bulletproof helmets and vests marked as “press”.
On 15th October 2023, a security agent verbally attacked Ahmed Darousha, a reporter for the Qatari TV news channel Al Arabi, who was broadcasting live from the northern city of Nazareth. After directly attacking the journalist, the agent turned to the camera and shouted: “Killers, killers. Gaza must be reduced to dust.”
On 25th October 2023, an Israeli citizen physically attacked and threatened a group of five photographers – Eyal Margolin of the daily Israel Hayom, Atef Safadi, the head of the European Press Agency (EPA), a photo agency in Israel, Jalaa Marey from Agence France-Presse, Fadi Amun from Haaretz and Sergey Ponomarev from the New York Times – near the Lebanese border. The attack resulted in one journalist sustaining a broken arm. While the attacker was arrested, he was released a few hours later.
Civil servants face action for anti-war sentiments
On 11th October 2023, Israel's Civil Service Commission issued a letter advising all governmental bodies, directors of public hospitals, and statutory organisations to contact the commission if they come across employees making statements which support terrorism and express views hostile to the State of Israel. The commission further noted that, “employees of the state are subject to various restrictions regarding their freedom of expression”, which extend “to private capacities and social media”.
Left-wing Jewish Israeli citizens have also faced repressions. For example, high school teacher Meir Baruchin was dismissed after posting a photo of Palestinian children killed by an Israeli airstrike, with the caption, “stop this madness.” The teacher was accused of “condemning IDF soldiers, denouncing the State of Israel and supporting terrorist acts.” The Petah Tikvah Municipality also filed a complaint to the police leading to Baruchin’s arrest on suspicion of “revealing intent to betray the country,” during which he was placed in high-security jail and solitary confinement. On 15th January 2024, the Tel Aviv Labour Court ruled that the dismissal was unlawful. However, the municipality has appealed the ruling.
Palestinian citizens in Israel targeted
Palestinian lawyers have faced serious threats, from Jewish-Israeli lawyers in particular, due to posts on social media and other forms of expression, There have been several cases where Jewish-Israeli lawyers have falsely accused Palestinian lawyers of “supporting terrorism” or labelling them “terrorists”, and threatening to lodge complaints against them to the Israeli Bar Association’s Ethics Committee. On 12 October 2023, the Israeli Bar Association sent an email to all lawyers registered in the Israeli bar, in which it explicitly stated that the National Ethics Committee would display “zero tolerance” towards any lawyer who publishes content on social media that is perceived as "incitement to violence".
In a statement on International Women's Day, Adalah and feminist organisation Kayan noted that Palestinian women who are citizens of Israel have faced further restrictions. Since 7th October 2023, Adalah noted an “unprecedented surge” in arrests of Palestinian women for expression-related offences. This includes disciplinary actions against women students at Israeli universities and dismissals of women workers, such as doctors, nurses, artists and academics. Kayan reported receiving calls from Palestinian women who were threatened in the workplace by Jewish Israeli employees. Palestinian women have also faced harassment, including doxing, by both Jewish-Israeli citizens and government officials.
Additionally, young Palestinian women students have been disproportionately targeted at universities. Out of the disciplinary cases recorded by Adalah, 79 per cent have been taken against women students. Furthermore, Palestinian women have been subjected to police brutality during arrest- including blindfolding, violent arrest raids carried out in the middle of the night, and strip searches- and face ill-treatment and poor prison conditions.