Israel’s civil and human rights are under siege

Almost six months to the day since the outbreak of war between Israel and Hamas, the Israeli government made a decision to shutter the Al Jazeera bureau in Jerusalem. The Knesset vote was an overwhelming 71-10. “The ability of the Communications Minister to shutter press for political motivation is a complete and utter threat to democracy in Israel,” said Noa Sattath, the director of the Association for Civil Rights in Israel (ACRI), Israel’s leading human and civil rights organisation. “We want a journalist to be thinking about the truth, not about what a minister is thinking about them—this is a chilling effect. “

In addition to the attack on freedom of expression and freedom of the press, the new law also effectively precludes the court from intervening in decisions regarding the closure of media outlets. In addition to closing Al Jazeera’s offices, the law allows removing its website and confiscating the device used to deliver its content. Al Jazeera, termed a “propaganda machine” not a news organisation by many in the Israeli government, was an easy target perhaps, especially during wartime, but it is especially in wartime that a democracy’s fortitude is tested.

In a new sixth-month survey of the impact of the war on human and civil rights in Israel, ACRI makes these points: “Even before the terrorist attack Hamas perpetrated on 7 October, and before the war broke out, Israeli democracy was facing severe threats. Combined together, laws designed to take over the judicial system [what Prime Minister and his government called ‘judicial reform’, but what opponents called a ‘judicial coup’ attempt] and a slew of other initiatives in different areas crystallised to produce a judicial overhaul, as part of which the government sought to undermine the pillars of democracy and reduce human rights protections. Some initiatives to take over the judicial system have been put on hold since the war began, partly because this was put forward as a condition for expanding the government [by member parties]. Other initiatives that threaten democracy have also been suspended.”

Yet, there are enough new curbs and potential curbs on human and civil rights to warrant a 14-page document from ACRI. Sattath, the ACRI director, explains: “The government has pushed forward with existing trends such as targeting Arab society, restricting freedom of movement, increasing the prevalence of firearms in public spaces, and accelerating the annexation of the West Bank. Given the general climate in a time of war, these efforts are met with less resistance. In other fields, such as prisoners’ rights, the state of human rights has taken a significant turn for the worse, while the public remains entirely indifferent. Human rights violations are often carried out via emergency regulations (Hebrew), an undemocratic tool that allows the government to enact laws, seriously violating the principle of separation of powers.”

In addition to the actual censoring of media, the mainstream media has self-censored in Israel, aware of—and even setting—the tone among the public. Nightly newscasts cover soldiers in the field, the hostages, and other security concerns but rarely focus on the situation for Palestinians, including the humanitarian concerns in Gaza.

Additionally, people have been detained by the police for a “like” on social media after the Ministry of Justice removed the State Prosecutor’s oversight on charges for offences of freedom of expression during the war, so that police don’t need approval before investigating such cases. Police were directed to detain people for social media posts until the proceedings’ end and prosecute them even for a single publication. This change led to a surge in arrests of Arab citizens regarding social media posts; arresting without cause.

Meanwhile, there is a proliferation of widespread hate speech online incriminating Jewish social media spots promoting hate against Arabs, but enforcement disproportionately targets Arab citizens and residents.

By November, there were 269 investigation cases for incitement and support for terrorism, resulting in 86 expedited indictments for incitement to violence and terrorism. Suspects faced prolonged detention and even remand until trial, a departure from due process.

Additionally, there are significant violations of policing of peaceful demonstrators, along with unlawful detentions of protesters and unauthorised visits to the houses of suspected protest organisers by the police. The police (which is federalised in Israel), led by far-right minister Itamar Ben Gvir, seem to be pre-imagining what steps he anticipates for them and taking them–all with no retribution so far.

Security prisoners in Israeli prisons have faced much worse, with protocols, including lawyers’ visits, upended. Meanwhile, there is a proliferation of guns in the streets with a free-for-all dispensation by Ben Gvir’s office to create private militias both inside Israel and in the Occupied Palestinian Territories where actions by Jewish settlers against Palestinian residents have multiplied.

These are just a few key examples of what Israelis are facing. Even when the war ends and when the current government falls, much of the backtracking in Israeli society will be hard to reverse.

Sport faces growing censorship problem over the Israel-Gaza war

When Turkish football team Antalyaspor faced Trabzonspor in a Super Lig match earlier this month, few could have predicted the fall-out that would follow off the pitch. Israeli winger Sagiv Jehezkel scored the equaliser for Antalyaspor in the second half, and in celebration he revealed a message written on his wristband that said: “100 days, 7-10”. The words referenced the length of time that Israeli hostages had been held by Hamas since the group launched an attack on Israel on the 7 October, killing an estimated 1,200 people.

In Turkey, the backlash was fierce. Jehezkel was arrested and detained in Antalya on the charge of “incitement to hate”. After being released, he was sacked by Antalyaspor and returned home to Israel, landing in Tel Aviv the next day.

According to local media, Jehezkel has stated that he did not mean to provoke such a storm. He said: “I am not a pro-war person. I want the war to end. That’s why I showed the sign.” Antalyaspor did not respond to multiple requests for comment.

He is not the only footballer to lose his club for voicing an opinion on the conflict. When Israel began their retaliatory bombardment of Gaza, which has so far reportedly killed more than 26,000 people, Dutch international Anwar El Ghazi posted a message of support for Palestine on his Instagram story. After a back and forth with his club – German side FSV Mainz 05 – El Ghazi made a further statement on social media announcing that he had no regrets over the now-deleted post and reiterating his argument that he stands “for humanity and the oppressed” and against “the killing of all innocent civilians in Palestine and Israel”. Mainz were unhappy with El Ghazi’s stance, calling his position on the conflict “unacceptable”. A few days later, his contract was terminated.

Upon losing his club, El Ghazi posted once more. “Stand for what is right, even if it means standing alone. The loss of my livelihood is nothing when compared to the hell being unleashed on the innocent and vulnerable in Gaza,” he said.

The player is now suing Mainz for wrongful termination of his contract, while the club is making a counter claim as they seek financial compensation to help fund his replacement. The final hearing is set to be held in June.

Mainz told Index they were unable to comment on the incident as legal proceedings are ongoing.

These two cases sum up the uncomfortable relationship sport has with politics and free speech, and how this has been exacerbated by the Israel-Gaza war. Due to the divisive nature of the conflict, sporting bodies are struggling to navigate the line between freedom of expression and the potential to incite hatred and in doing so have fallen into a worrying trend of censorship. 

The reluctance or inability of those involved to comment on the incidents may also show the difficulties people have when talking about this topic, as they can’t, or won’t, speak up due to the potential backlash and further repercussions. This is fairly unsurprising given the experiences of those who have expressed an opinion on the conflict. In another case, footballer Karim Benzema was accused of having “notorious” links to Islamist group the Muslim Brotherhood by France’s Interior Minister, Gerald Darmanin. His crime? Posting a message of support for the inhabitants of Gaza on X (formerly Twitter). Benzema has filed for defamation against Darmanin; his lawyer Hugues Vigier told French news outlet RTL that the claims were “false” and accused the Interior Minister of “sowing division in France”. 

It is not just players who are facing the threat of censorship. Many of football’s national governing bodies, including England’s Premier League and EFL, have also banned supporters from displaying Palestine or Israel flags during games. As a result, there have been a number of accusations levelled at English clubs such as Liverpool and Manchester United of censoring fans who display any show of support for the Palestinian cause by removing them from stadiums. 

Other sports have also been caught up in the censorship storm. Former athlete Emilie Gomis, who clinched a silver medal in basketball for France at the London 2012 Olympics, recently stepped down from her role as an ambassador for the Paris 2024 Games after posting an anti-Israel video to her Instagram story. Elsewhere, in South Africa, cricketer David Teeger was stripped of his captaincy of the country’s under-19s side after dedicating an award he won at a Jewish community event to “the state of Israel and every single soldier fighting so that we can live and thrive in the diaspora”, in a decision described as a “sinister” and “discriminatory” by the South African Jewish Board of Deputies.

Another cricketer, Australia’s Usman Khawaja, was charged by the International Cricket Council (ICC) for wearing a black armband during a test match against Pakistan in support of those in Gaza. ICC regulations do not allow players to display “messages of political, religious or racial causes”, and the player had previously been warned by the governing body after wearing shoes with the messages “all lives are equal” and “freedom is a human right” written on them. Khawaja argues that it is not a political statement but a “humanitarian appeal”.

Further debate over the right to free expression in regard to the conflict is inevitable with the growing calls to ban Israel from competing in sporting events. One post on X by The Palestinian Campaign for the Academic and Cultural Boycott of Israel called for “pressure” to be put on sporting bodies to ban Israel from international tournaments and games “until Israel ends its grave violations of international law”. The statement was reposted by the BBC’s Gary Lineker, who later deleted it.

Despite cries to keep politics out of sport, it is not possible to separate the two. Sport does not exist in an apolitical vacuum, and is impacted even on the front lines; the Palestinian Football Association says 88 top-tier athletes have been killed by Israeli forces during their military bombardment, 67 of whom are footballers. Just this month it was reported that the coach of Palestine’s Olympic football team Hani Al-Masdar was killed in an Israeli airstrike.

The attempts by governing bodies in sport to prevent athletes and fans from expressing a view on the conflict, while not necessarily malicious, pose a serious risk to free speech. While the cases of Sagiv Jehezkel and Anwar El Ghazi are extreme, they are the product of sport’s increasingly heavy-handed approach to political censorship, which makes having an opinion on the war in Gaza increasingly difficult. For people to feel unable to wade into the issue in fear of backlash is cause for concern in itself. Despite a long history of athletes being involved in political activism, sport still hasn’t found a way to ensure free expression for all is upheld.

Silent Palestinians in Gaza and Israel

“Where are you Mohammed?” I muttered to myself while scrolling down my Facebook feed. Since the start of war in Gaza, as soon as I wake up in the morning, I check Facebook in search of reassuring signs that my Gazan friends are still alive. A week ago I noticed that for more than 24 hours there had been no new posts by Mohammed. I was extremely worried and immediately tried to click onto his own profile, only to find that his whole account had disappeared. I rang him and luckily found he was alive.

“Where are you Mohammed?” I asked, relieved.

“I need to become invisible,” he said and explained that he had to deactivate his account after receiving death threats. He was told that ‘traitors’ like him would be properly dealt with once hostilities were over. They made it clear, Mohammed told me, that they were not going to ask questions first and shoot later. They were just going to shoot. They were Hamas security forces.

A prominent poet among a new generation of gifted poets in Gaza, and an eloquent writer, Mohammed had for many years been a cautious critic of Hamas’ rule in Gaza. But with the unfolding horror of the Israeli retaliation for Hamas’ atrocious attack of 7 October, he could no longer restrain himself. His criticism of Hamas’s leadership and its recent disastrous war policies suddenly became uncompromising. He ridiculed those who praised Hamas’ Tawafan Al-Aqsa operationHamas’ name for its attack on Israelpointing out that it was in general morally and politically damaging to Palestinian people and particularly destructive to Gaza citizens’ lives and properties.

In one of his posts Mohammed declared that Hamas did not represent him and his family, nor indeed people like him. He clearly stated that if his wife and two-year-old daughter, or any other members of his extended family, were killed under Israeli bombardments, he would hold Hamas as responsible as Israel.

Mohammed is a descendant of a refugee family. His grandparents escaped to Gaza during the war of 1948. He himself was born in a refugee camp. Since 2007, when the Palestinian Authority (PA) was ousted from power in Gaza, Mohammed has lived under Hamas’ rule. Like many people of his generation, especially creative, liberal-minded people, he has been calling for peaceful engagement with the Israelis, whether through nonviolent protests or peace negotiations, in the hope that life in Gaza could somehow become less insufferable. But to no avail.

Voices of dissent in Gaza have been getting louder since 2007, especially after Hamas’ various disastrous military engagements with Israel. But since 7 October, and given the scale of the ongoing catastrophe that has resulted from that day, many people in Gaza have completely lost patience. There can be no end to the tragic situation in Gaza, they have come to believe, without the total disarmament of Hamas and other militant groups.

Hamas has never tolerated critical views of its leadership and polices. A 2018 report from Human Rights Watch revealed that Hamas carried out scores of arbitrary arrests for peaceful criticism, typically targeting supporters of the PA following the Fatah-Hamas feud. When there have been protests, they’ve quickly been crushed.

But critics, such as Mohammed, are independent voices, not affiliated with the PA. They do not represent an alternative authority. Indeed sometimes they are as critical of the PA as they are of Hamas. To this end Hamas has largely turned a blind eye to them. Hamas has also wanted to appear in front of its “friends” in the West to show a degree of respect for freedom of speech. Now things have changed; with its entire fate on the line, they’ve accelerated efforts to stamp out any voices of dissent.

People in Gaza are praying for an immediate and lasting ceasefire, which they see as their only chance of surviving. But for Mohammed, and dissidents like him, leaving Gaza altogether might be the only way to survive both the danger of Israeli bombardment and Hamas’ prosecution. He is hoping to escape to Egypt as soon as possible and in whatever way possible.

“This is our second Nakba (catastrophe),” he told me, the first being the war of 1948 which turned his grandparents and their successors into refugees in Gaza. Were he to succeed in escaping from Gaza, he, his wife and his daughter would suffer the life of refugees all over again.

With people like Mohammed leaving, Gaza will be left with no one who can freely express their views apart from Hamas supporters whose extreme political views and visions are delusional. Some of these people believe that the ongoing war is bound to cause the total destruction of Israel. With people like Mohammed gone, there will be nobody in Gaza left to challenge their absurdly self-destructive views.

Yet had Mohammed been born in what after 1948 became the State of Israel, and thus became a Palestinian citizen of Israel himself, he would still have no other option but to stay silent, even in the absence of death threats. After all it’s not just anti-war voices in Gaza that are being gagged. While searching for posts by Gazan friends I noticed that Palestinian-Israeli friends were suspiciously quiet too. I had known them to be typically outspoken in their criticism of both the Israeli government and Palestinian leadership – in the West Bank and Gaza – so I was surprised to see no posts of theirs, nor any comments on posts related to the Hamas’ assault and subsequent Israeli reprisals. I wrote sarcastically, wondering out loud, whether Palestinian-Israelis were keeping silent out of fear of Hamas’ rockets. The next day I received a private message with one simple question: “Haven’t you heard what’s happened to Dalal Abu Amneh?”

Dalal Abu Amneh is a popular Palestinian singer, influencer and doctor from Nazareth. She had been questioned by the Israeli authorities, I soon learned, over an Instagram post consisting of only a single Quranic verse, the meaning of which was that there is no ultimate victor but God. For some reason the Israeli police suspected that the use of such verse was an expression of solidarity with Hamas, and so she spent two days in detention.

Then I received news that activists from Standing Together, one of the largest grassroots Israeli-Palestinian groups working for peace, had been arrested in Jerusalem for putting up posters with the message: “Jews and Arabs, we will get through this together.”

The Israeli public debate has also not been immune from the decline of rationality. Some far-right politicians and news commentators have even been arguing that destroying Gaza in the same way that cities like Dresden and Hiroshima were destroyed during World War II is the best possible way to put an end to the danger posed by Hamas.

Israel is considered the only democracy in the Middle East, yet its Palestinian citizens are frightened to protest against such calls for mass murder of the civilians of Gaza. Hoping to find out the source of such fear, a few days after the start of the war, I got in touch with Noha, a Palestinian friend from Haifa. Noha is a teacher and writer and she is usually chatty and blunt in expressing her opinions, but this time she seemed withdrawn and reticent.

“We can’t write anything about the current situation,” she replied curtly.

I asked whether Palestinians in Israel are frightened because they are exposed to a general sense of intimidation or whether there were actually state laws which prohibited them from freely expressing their views. Again her reply was brisk, “Every word is being monitored.”

“Who is monitoring every word?” I hoped to hear her explanation but she remained silent in a way that implied that our private conversation itself was being monitored. I nearly told her, jokingly, that she was just being paranoid; but after what had happened to Dalal Abu Amneh, a couple of days earlier, I couldn’t blame her even if she was merely being paranoid.

The Israeli government has vowed to continue its offensive until Hamas is eradicated. Those of us with first-hand knowledge of politics and history in Palestine-Israel know for sure that such an objective could not be achieved unless the whole of Gaza was totally destroyed. In other words, in order to achieve its goal, the Israeli government would have to follow the advice of those who have been calling to do to Gaza what was done to Dresden or Hiroshima.

In a later conversation with Mohammed he told me that many ordinary people in Gaza believe that Hamas is going to win in the end. “But how can that be when it’s obvious that Hamas is fighting for its life?” I protested. “Or is it the case that its mere survival would be considered a victory?”

“The people of Gaza have been living under siege for more than 16 years,” Mohammed said, adding that things have been getting despairingly worse. “Isolation and despair have made people seek refuge in political fantasies and delusions,” he explained.

Mohammed told me that when the news broke out, on the morning of 7 October, hundreds of Gazan civilians crossed the border into Israel literally following in the footsteps of Hamas’ attackers. The aim of some of these civilians was looting wealthy Israeli homes and properties. Others, however, believed that they were going homereturning, to the land from which their ancestors had fled during the war of 1948. They believed Israel was being conquered and that the Israeli population were leaving, and they, the civilians, wanted to make sure that they got in before anybody else so they could occupy the best vacant properties.

Political delusions and absurd views, such as the ones expressed by extremists on both sides, would be harmless if those who held them were not in power, nor armed. But that is not the case in Gaza and Israel. With the silencing of voices of reason such insane views could very easily win the attention of those in charge. The outcome would be a disaster on a scale not witnessed since World War II.

The stakes are high for free expression in Israel-Hamas conflict

Following the brutal attacks on Israel by Hamas on 7 October, violations of free speech have occurred at such pace and scale that it has made keeping track a challenge. The situation was already difficult before that date: Israel was in the grip of a huge crisis, the country stalled by endless protests in response to the government’s attempts to neuter the Supreme Court, while Amnesty International identified “a general climate of repression” in Gaza Strip under Hamas. Since the war started, the right to freedom of expression has gone from bad to worse in both Israel and Palestine, and indeed around the world. Whilst a degree of deterioration was predictable – conflict is never the arena in which rights improve – the current state could hardly be foreseen.

Starting with media freedom, on 7 October itself, of the 1,400 people who were murdered by Hamas several were Israeli reporters on duty. Following the massacre, Israel’s response has resulted in the death of at least 5,000 (according to the latest UN figures from 23 October), again including a number of journalists. Although none of the journalists from either side of the divide were killed for what they had written, they lost their lives though their line of work, making the media landscape all the poorer.

Others have, however, been punished for their work. Journalists from outlets including the BBC, Al-Jazeera, RT Arabic and Al-Araby TV have all reported obstructions to their reporting by the Israeli military, police and others since the conflict began. On 12 October, a team of BBC Arabic reporters were dragged from their vehicle, searched and held at gunpoint by police in the Israeli city of Tel Aviv, despite their vehicle being marked “TV” and the presentation of press cards, the BBC reported. On 26 October, Lama Khater, a freelance writer with Middle East Monitor and a political activist, was arrested by the IDF in the city of Hebron, West Bank, her husband Hazem Fakhoury told CPJ. Confrontational attacks have been coupled with subtle ones: On 9 October, for example, The Jerusalem Post reported that its website was down following a series of cyberattacks. The group Anonymous Sudan claimed responsibility for the attacks, reported Axios and Time magazine.

Media freedom could deteriorate further. On 16 October, Israel proposed new emergency regulations that would allow it to block broadcasts that harm “national morale”. Officials threatened to close Al-Jazeera’s local offices under the proposed rule and to stop the global news organisation from freely reporting on the war.

With the situation on the ground increasingly difficult and with limited media from Gaza itself, the internet more broadly, and social media specifically, is a lifeline. And yet getting information within and out of Gaza has become increasingly difficult. Internet services have been disrupted by the attacks, while Palestinians and their supporters allege that social media platforms, in particular Instagram, are “shadow-banning” their content. Instagram’s owner, Meta, has denied this, but they have admitted that they inserted the word “terrorist” automatically into translated bios of Palestinian users, something they apologised for on 19 October.

Social media giant X, which has had a tumultuous ride under owner Elon Musk over the last year to say the least, has also been flooded with misinformation, as we reported on 18 October. Images have been adopted from other conflicts, fake accounts created in a smorgasbord of lies intended to sow confusion, division and hate. At a time when it could be providing an essential role in the spread of crucial information, trust is low.

As those within Israel and Palestine struggle to access reliable news, international media outlets find themselves in the middle of claims of irresponsible reporting, such as jumping too fast to conclusions over who was behind the explosion at the Al-Ahli hospital, and accusations of bias. The latter can sometimes be unhelpful noise. To instantly shout “censorship” can be erroneous. There are a host of reasons why newspapers and broadcasters might run a story or interview a person (some being mundane, merely down to the availability of one person over another). Impartiality is not a prerequisite for outlets that are not funded by taxpayers. Nor does objectivity equate to equal weight for views. Still, with a conflict as complicated as that between Israel and Palestine, as longstanding, as heated and as volatile, a plurality of views and careful attention to how information is both interrogated and reported is crucial. It’s not clear that every outlet has adhered to these fundamental principles.

As for the actual red pen, one example of direct censorship came from Yale University’s campus newspaper, the Yale Daily News, which censored a pro-Israel opinion piece by removing references to Hamas atrocities. We suspect there are others. Alas the nature of censorship and self-censorship means we don’t always know about them.

Has criticising Israel become a punishable offence for the average person? A “McCarthyite backlash” against criticism of the country’s bombardment of Gaza has been claimed by civil rights groups in the USA, as people are fired, threatened with dismissal or blacklisted from future jobs, according to the Guardian. Take one example: Michael Eisen, editor of the scientific journal eLife, was forced out of his job after reposting an article from satirical magazine the Onion with the headline: “Dying Gazans Criticized for Not Using Last Words to Condemn Hamas”. In Germany, the journalist Michael Scott Moore noted that “the tendency in Berlin right now is to squelch as much criticism of Israel as possible”, citing the arrest of a Jewish Israeli protesting the war amongst others. In the UK, home secretary Suella Braverman suggested that waving Palestinian flags and using popular pro-Palestine slogans could be illegal and a ministerial aide was sacked from his government role following his letter to the prime minister calling for a ceasefire. In Switzerland, all demonstrations related to the conflict were banned in Zurich. In Australia, New South Wales authorities vowed to stop marches from proceeding. And in Israel, in one of the more unpleasant twists, the parents of hostages, who were protesting in Tel Aviv, were spat at and abused by supporters of current leader Benjamin Netanyahu. This in addition to police saying they’ve investigated and detained more than 100 people for their social media activity and, as we reported last week, activists being arrested in Jerusalem for putting up posters with the message: “Jews and Arabs, we will get through this together.”

Staying with Israel, human rights activists worry the detentions are due to the police adopting a wider interpretation than normal of what constitutes incitement to violence. A well-known singer and influencer, Dalal Abu Amneh, was held in police custody for two days. According to Abeer Baker, her lawyer, she was accused of “disruptive behaviour” by police officers, who said her posts could incite violence, in particular one featuring an image of the Palestinian flag with the Arabic motto: “There is no victor but God.” Baker said Abu Amneh was expressing a religious sentiment, while Israeli authorities interpreted the singer’s post as a call to arms for Palestinians. This example highlights a tension right now, the question of what defines hate speech and how we balance the rights for people to protest (be it online, in the streets or through petitions) versus the rights for people to live free from fear and persecution. Some of the banners and comments made at protests have been vile. They are clearly, irrefutably hate speech and given recent events – an Orthodox Jewish man assaulted in London, a mob storming Dagestan’s airport looking for people arriving from Israel, cemeteries and synagogues set alight in Tunisia and Austria, to name just a few – one could argue incitement. Still, it is clear that there has been huge overreach. Many who have been punished for what they’ve said have been peaceful, with views that – even if you disagree with them or find them uncomfortable – should be protected.

The above is far from an exhaustive list. It could go on and on. Consider Adania Shabli, the Palestinian writer whose event at Frankfurt Book Fair was called off. Consider the Pulitzer Prize-winning novelist Viet Thanh Nguyen, whose appearance at 92NY, one of New York City’s leading cultural organisations, was pulled on the back of his criticism of Israel. Yet even this incomplete tally paints a grim picture. Free speech can be difficult and no more so than with Israel-Palestine, a conflict which is and always has been so deeply emotive and tribal. The knee-jerk response at present seems to be to silence. This is no solution. As George Orwell famously said, “If liberty means anything at all, it means the right to tell people what they do not want to hear.” This applies as much to those in Israel as it does to those in Gaza and to all of us outside. There have already been enough victims and casualties – let’s ensure free speech is not another.