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Arab citizens of Israel "are now criminalized for simply sitting in their homes following the news on Gaza," lamented one professor.
Human rights and free speech advocates on Thursday decried Israeli lawmakers' passage of legislation criminalizing the viewing of social and other media supportive of the Palestinian resistance struggle.
Knesset lawmakers voted 13-4 to amend Article 24 of Israel's Counterterrorism Law—which prohibits "demonstrating identification with a terrorist organization and incitement to terrorism"—to include a temporary two-year ban on "systematic and continuous consumption of publications of a terrorist organization under circumstances that indicate identification with the terrorist organization."
The amendment identifies Hamas and Islamic State as terrorist groups and allows the Ministry of Justice to add more organizations to the list.
Offenders face up to one year behind bars. Videos posted on social media Thursday showed Israeli police at the home of an Arab Israeli woman informing her she was being arrested for allegedly "sharing content that sympathizes with and encourages terrorist actions... and supporting content that incites violence and terrorism."
Adalah-The Legal Center for Arab Minority Rights in Israel said in a statement that "this law is one of the most intrusive and draconian legislative measures ever passed by the Israeli Knesset, since it makes thoughts subject to criminal punishment" and "violates the constitutional right to freedom of speech and is used to muzzle legitimate political expression."
Adalah continued:
At a time when Israeli authorities are ramping up their campaign to stifle the freedom of expression of Palestinian citizens of Israel, conducting extensive surveillance of their online communications, and making unprecedented arrests for alleged speech-related offenses, the Israeli Knesset has enacted legislation that criminalizes even passive social media use. This legislation encroaches upon the sacred realm of an individual's personal thoughts and beliefs and significantly amplifies state surveillance of social media use. Adalah will petition the Supreme Court to challenge this law.
The New Israel Fund (NIF), a U.S.-based progressive advocacy group, called the amendment "dangerous" and "driven by far-right extremists intent on taking Israel backward."
NIF warned that "at a time when dissent is being crushed all over Israel, this law seeks to further silence any internal critics."
The group said the Counterterrorism Law already "has a history of discriminatory use" and "includes extremely blurry concepts" that "if read broadly could include... the entirety of Palestinian society."
Israel's Counterterrorism Law is rooted in the 1945 Emergency Rules enacted by British rulers of what was then called Mandatory Palestine amid a yearslong wave of terrorist attacks by Jewish militant groups targeting U.K. officials, British and Arab civilians, and even a ship full of Holocaust refugees. Many of its provisions remain in place today.
Even before the current war on Gaza, Israel's government faced international condemnation for designating humanitarian groups as "terrorist organizations."
In a joint statement, far-right Israeli Justice Minister Yariv Levin and Defense Minister Yoav Gallant said the amendment "will strengthen the administrative measures that can be used against the terrorist organizations and terrorist operatives, and will enable a more effective suppression of channels of recruitment, financing, and transfer of funds for terrorist purposes."
The 1.2 million Arab citizens of Israel are the descendants of the approximately 150,000 Palestinians allowed to remain in the country following the ethnic cleansing of over 750,000 of their compatriots during the foundation of the modern Israeli state. Although they officially enjoy equal rights under the law, human rights defenders in Israel and around the world say Arab Israelis live as second-class citizens due to structural discrimination.
Since the Hamas-led attacks on Israel last month that killed more than 1,400 civilians and soldiers, Palestinian citizens of Israel have faced a sweeping campaign of arrests for defending resistance against Israeli crimes including occupation, settler colonization, ethnic cleansing, apartheid, and a war in which Israeli forces have now killed over 10,800 people, while displacing 70% of the population of Gaza and obliterating much of the strip.
Many Arab Israelis have been fired from their jobs and face societywide attacks on freedom of speech and association. There is also widespread police harassment and intimidation, including arrests for protesting what even Israeli scholars are calling the "genocide" in Gaza.
Since October 7, more than 100 Palestinian citizens of Israel have been arrested for social media posts, including well-known singer and influencer Dalal Abu Amneh, who was accused of "incitement" for expressing online solidarity with the people of Gaza.
Critics say no one is immune from the Israeli crackdown on free speech, pointing to Thursday's arrest of former Knesset lawmakers for holding a peace vigil in Nazareth.
"Arresting Arab leaders is an alarming escalation by the government, revealing a perilous disregard for the entire Arab community," the Association for Civil Rights in Israel said on social media. "The police unjustly interfered with a protest vigil in Nazareth, violating freedom of expression and acting irresponsibly against the law."
"The past month represents an unprecedented juncture in the government's relationship with Arab society," the group added. "Despite the responsible leadership demonstrated within the Arab community, the minister of national security takes every measure to sow incitement and division."
Ironically, that minister—Itamar Ben-Gvir of the far-right Jewish Power party—was convicted in 2007 by an Israeli court of inciting racism and supporting terrorism.
"We are going to show them that the power of the people is stronger than that of the people in power," said one demonstrator.
At least tens of thousands of Israelis on Tuesday took to the streets, shutting down highways, and marching through the country's main international airport in a "day of disruption" after the nation's far-right governing coalition advanced a deeply controversial overhaul of the legal system critics condemn as a "judicial coup."
Demonstrators thronged the highways leading to cities including Tel Aviv, Jerusalem, and Haifa, pitching tents, blocking roadways, and hanging banners from overpasses.
At Ben Gurion International Airport near Lod, thousands of protesters defied police warnings and marched through the arrivals hall.
Israeli police said at least 66 people were arrested. Widespread police violence—including spraying water cannons at protesters, charging into crowds on horseback, and an attack on at least one journalist—was recorded and posted on social media.
Ami Eshed, Tel Aviv's police commander, resigned last week due to what he claimed was political interference by Israeli Prime Minister Benjamin Netanyahu's far-right government and its desire to use excessive force to quash the ongoing pro-democracy protests.
"I could have easily met these expectations by using unreasonable force that would have filled up the emergency room... at the end of every protest," Eshed said on Israeli television.
Protesters—some of whom flew in from as far afield as the United States—represented a broad cross-section of Israel's center and left wing; however, Israeli-American journalist Emily Schrader said on Twitter that she "saw dozens of people screaming" at demonstrators opposing the illegal Israeli occupation of Palestine "to get out of the protest."
Speaking at a Tel Aviv protest, opposition leader Benny Gantz of the National Unity party said that "ultimately, the protests will block this judicial coup."
Gantz implored police to refrain from violence: "These are not enemies. You don't use this force on citizens."
One protester named Grace told Middle East Eye that she believes "Israel is deteriorating towards complete dictatorship and corruption, and we are trying to stop it. Whatever laws this government doesn't like, it cancels, so all the power goes into government hands and away from the public."
"The message we have for the government is no one here will agree to live in a dictatorship," she added. "We are seeing an extreme government that wants to create an extreme country, and we don't want that to happen. We are going to show them that the power of the people is stronger than that of the people in power."
Hundreds of Israel Defense Forces reservists specializing in cyberwarfare reacted to Monday's parliamentary vote by announcing they will stop reporting for duty.
"We will not continue to develop cyber capabilities for a criminal regime, and we will not train the future generation of offensive cyber," the reservists said in a statement. "Our work cannot continue under such a severe legal and moral cloud."
Hundreds of members of the women-led Bonot Alternativa movement rallied outside the U.S. consulate in Tel Aviv to protest the judicial bill, with another demonstration planned for Tuesday afternoon at the Israeli consulate in New York.
"The Israeli government is destroying Israel as we know it—a Jewish and democratic state—it is harming the independence of the courts... banishing women from the public sphere, and harming our core democracy," Bonot Alternativa said in a plea to U.S. President Joe Biden.
"The members of the 'most extreme' government, as President Biden put it, are attacking freedom of expression, the right to protest, and the rights of women and minorities," the group added. "Don't stand by. Don't let the Jewish state be destroyed."
The White House on Tuesday urged Israeli authorities to respect protesters' rights.
"As the administration has said, both U.S. and Israeli democracy are built on strong institutions, checks and balances, and an independent judiciary," a U.S. National Security Council spokesperson toldHaaretz.
"The president has said consistently, both privately and publicly, that fundamental reforms like this require a broad basis of support to be durable and sustained," the spokesperson added. "The president has been clear he hopes Prime Minister Netanyahu will work to find a genuine compromise."
Tuesday's protests were sparked by Israeli lawmakers' overnight 64-56 vote to provisionally support a key piece of the highly contentious judicial overhaul that would repeal the "reasonableness" standard used by the Supreme Court to overrule egregious government decisions like then-Prime Minister Yitzhak Rabin's refusal to fire Cabinet Minister Aryeh Deri, leader of the ultra-Orthodox Shas party, after a 1993 fraud and bribery indictment.
The broader plan, proposed earlier this year by Israeli Justice Minister Yariv Levin—a member of Netanyahu's Likud party—would allow a 50%+1 parliamentary majority to override rulings issued by the Supreme Court, which also sits as the High Court of Justice and has been accused by human rights groups of giving legal cover to war crimes and crimes against humanity including apartheid and the illegal occupation of Palestine.
The proposed reforms would also increase government control over judicial appointments and make it more difficult for the Supreme Court to annul legislation by requiring the assent of more justices.
Furthermore, Levin's proposal would turn legal advisers who serve government ministries from professional appointees accountable to the attorney general into political appointments controlled by Cabinet ministers.
Critics have accused Netanyahu—who faces multiple criminal corruption charges—of attempting to weaken the judiciary in a bid to boost his chances of dodging prosecution. Netanyahu is prohibited from personal involvement in the judiciary overhaul due to a conflict of interest related to the charges against him.
If right-wing reforms giving Prime Minister Benjamin Netanyahu and members of parliament more power over the judiciary are passed, "the protests will intensify," said organizers.
Tens of thousands of people opposed to the far-right Israeli government's proposed judicial overhaul once again hit the streets of Jerusalem and Tel Aviv on Monday, where they implored lawmakers to vote against the measures during the afternoon's first reading.
"On the morning of the vote, small groups of protesters sat down outside the front doors of some coalition lawmakers' homes in a bid to block them from leaving for parliament. They were removed by the police," The New York Timesreported. After blocking highways to Jerusalem, protesters gathered outside parliament, where doctors "set up a mock triage station for 'casualties of the judicial reform.'"
Despite weeks of massive demonstrations, members of the Israeli Knesset are expected to pass the legislation, which is supported by right-wing Prime Minister Benjamin Netanyahu and his close ally, Justice Minister Yariv Levin.
If that happens, the Supreme Court's ability to overrule parliament would be weakened, as a simple 61-vote majority could override the court's decisions; the Supreme Court's ability to review and strike down attempts to change Israel's 13 quasi-constitutional "Basic Laws" would be abolished; and the ruling coalition would gain control of the Judicial Appointments Commission, a panel tasked with picking new judges.
The legislation must be approved three times to become law, with Monday afternoon's vote marking the first step in the process. Israeli President Isaac Herzog, a largely ceremonial figure, and opposition leader Yair Lapid have pleaded for Netanyahu's government to delay the legislation, to no avail.
On the eve of the initial vote, Levin said, "We won't stop the legislation now, but there is more than enough time until the second and third readings to hold an earnest and real dialogue and to reach understandings."
But as the Times noted, "critics have dismissed the government's position as disingenuous, arguing that once the bills have passed a first vote, only cosmetic changes will be possible."
Organizers, for their part, said Monday that "with the passage of the dictator's bill, the protests will intensify," according to i24 News.
\u201cProtesters begin to gather in Tel Aviv, with tens of thousands expected to turn out across the country, as the Israeli Parliament is set to begin the voting process on the hotly debated judicial reform bills\u201d— i24NEWS English (@i24NEWS English) 1676876857
\u201cNow in #jerusalem tens of thousands of anti government protesters march around the Israeli parliament\u201d— Oren Ziv (@Oren Ziv) 1676904315
Opponents "say the proposed overhaul would place unchecked power in the hands of the government, remove protections afforded to individuals and minorities, and deepen divisions in an already fractured society," the Times reported. They also worry that "Netanyahu, who is standing trial on corruption charges, could use the changes to extricate himself from his legal troubles."
In addition, Al Jazeera reported, opponents fear that "Netanyahu's nationalist allies want to weaken the Supreme Court to establish more settlements on land the Palestinians seek for a state. But settlements, which are considered illegal under international laws, have continued under successive Israeli governments. Nearly 600,000-750,000 Israelis now live in illegal settlements in the occupied West Bank and East Jerusalem."
Last week, Netanyahu's administration granted retroactive "legalization" to nine such settlements, and the prime minister has also intensified deadly raids, killing at least 50 Palestinians in occupied territories so far this year.
A right-wing neutering of the Supreme Court could exacerbate Israel's regime of violent dispossession and ethnic cleansing.
But the weekslong demonstrations against the proposed judicial overhaul "include very few Palestinians," Jewish Currents editorPeter Beinart observed Sunday in a Times op-ed titled "You Can't Save Democracy in a Jewish State."
"In fact, Palestinian politicians have criticized them for having, in the words of former Knesset member Sami Abu Shehadeh, 'nothing to do with the main problem in the region—justice and equality for all the people living here,'" Beinart wrote.
"The reason is that the movement against Mr. Netanyahu is not like the pro-democracy opposition movements in Turkey, India, or Brazil—or the movement against Trumpism in the United States," he added. "It's not a movement for equal rights. It's a movement to preserve the political system that existed before Mr. Netanyahu's right-wing coalition took power, which was not, for Palestinians, a genuine liberal democracy in the first place. It's a movement to save liberal democracy for Jews."
For Palestinians, Israel is not a democracy but rather an apartheid state, an assessment shared by numerous human rights groups around the world. The Israeli government has enacted discriminatory laws against Palestinians and colonized their land for decades, including under Lapid.
According to Beinart: "The principle that Mr. Netanyahu's liberal Zionist critics say he threatens—a Jewish and democratic state—is in reality a contradiction. Democracy means government by the people. Jewish statehood means government by Jews. In a country where Jews comprise only half of the people between the Jordan River and the Mediterranean Sea, the second imperative devours the first."
"Ultimately, a movement premised on ethnocracy cannot successfully defend the rule of law," he added. "Only a movement for equality can."