By: Lawyer Omar Khmaisi
It is clear that war leaves deep and multifaceted impacts on various levels, including significant effects on rights and freedoms. This article will analyze these effects, especially those rights that may be considered less important than the right to life, which is often referred to as the “sacred right.” Despite its crucial importance, this right is often the most violated during times of war. When war breaks out, governments declare a state of emergency and adopt exceptional measures that restrict or cancel individual and collective rights under the pretext of “the state’s supreme interest.” In such circumstances, the state’s interests are prioritized over the basic rights of citizens, negatively impacting individuals, especially minorities. This is particularly evident in the targeting of the Arab community inside Israel, where violations against them increase.
Following the events of October 7, 2023, the Israeli government officially declared war, followed by the declaration of a state of emergency. During this period, the judicial and security apparatus were exploited as tools to punish Palestinian citizens within Israel. Consequently, many basic rights were disregarded, such as freedom of expression, the right to peaceful assembly, and individuals’ rights to a fair, transparent, and impartial trial. Additionally, the principle of “equality before the law” was suspended, creating an unjust judicial environment for Palestinians, who became a systematic target of various state institutions, including the police, the public prosecution, and the courts.
This period witnessed an unprecedented escalation in legal persecutions against members of the Arab community, particularly in cases related to publication and expression, with most of these cases focusing on highlighting the crimes committed in Gaza. However, the new legal status reclassified these actions as accusations of “incitement,” “sympathy,” and “supporting terrorism.” Under the “Anti-Terrorism Law of 2016,” such actions were criminalized. Part of this escalation stemmed from the racist mindset that had seeped into the minds of decision-makers in Israel, which was clearly reflected in how the judicial system and public prosecution dealt with Palestinians. This toxic atmosphere contributed to the demonization of Palestinians, who were collectively labeled as supporters of terrorism, while Israel’s intense media campaign sought to reinforce this perception, making any expression of opinion or stance appear as a “threat to national security.”
This all occurred within the framework of increasing discriminatory and racist policies. The Palestinian community in Israel faced a series of legal measures aimed at undermining its fundamental rights and reducing its political and social presence. These measures even sought to paralyze its ability to express anger against the war. Palestinians were not even allowed to hold demonstrations in support of humanity and to denounce the indiscriminate killing machine that spares no child, woman, or elderly person. Any show of support for Gaza was turned into an accusation of “supporting terrorism.”
This escalation coincided with a tightening of punitive measures against Palestinians. For example, hundreds were arrested, including a teacher who was detained simply for participating in a minor media “trend” while celebrating with her students. Due to the timing of her publication, she was handcuffed and blindfolded, and her detention was extended for two days, simply because she was Arab. A minister even congratulated the police on this arrest, as if they had captured “the greatest enemy.” This campaign specifically targeted activists for posting tweets considered part of their freedom of expression with humanitarian dimensions.
What is even more complicated is that this escalation increased the “appetite” of Jewish Knesset members to hasten the passage of more racist and extreme laws, claiming “victories” at the expense of individual cases, thus further restricting freedoms and rights. As a result, the demonization of Palestinians became routine in judicial and media circles.
This practical escalation manifested itself through the passage of a series of racist and discriminatory bills targeting the rights of Palestinian citizens, particularly in Israel and Jerusalem. These laws addressed critically important areas, including, without delving into their details: expanding the scope of the “Anti-Terrorism Law” and introducing amendments that make individuals liable for simply browsing news about Gaza; undermining the Arab education system by dismissing teachers or depriving schools suspected of supporting Gaza of their budgets; violating the rights of Arab children through the “Youth Law”; cutting social welfare allocations; and using mass displacement as a punitive tool if a family member is convicted of an act hostile to the state.
Under these generally difficult conditions, we face a scenario where severe penalties are imposed on Palestinians for cases of expression, which were previously considered less serious and not deserving of actual prison sentences. These penalties were once more flexible but saw a radical shift in 2024 toward harsh sentencing, increasing the suffering of Palestinians and confirming the trend toward more severe treatment. Now, a single tweet can result in an actual prison sentence of up to 8 months!
Regarding administrative detention, there has been a significant increase and a serious escalation, with unprecedented numbers of Arab citizens being detained. The most problematic aspect is that the courts have begun to routinely extend detention periods under the pretext of wartime, even in the absence of solid evidence, which constitutes a blatant violation of human rights and freedoms. Administrative detentions, including those carried out without specific charges, reveal the use of authority to tighten the noose on Palestinians without any real legal accountability. These practices contribute to increasing frustration among Palestinians, who feel that seeking justice within the Israeli judicial system has become futile.
Amidst all these violations, the case of Palestinian prisoners remains the most painful and agonizing, as they suffer grave abuses, including death under torture, repression, isolation, denial of family visits, and restrictions on visits from their lawyers. Their food portions are drastically reduced, and the quality and taste are appalling. Despite all this, these violations are usually justified under the banner of fighting “terrorism,” raising serious questions about the credibility of justice in the Israeli judicial system and its respect for human rights.
In practical terms, the legal transformations within the judicial system indicate that it has become part of the political suppression machinery against Palestinians, with standards of justice clearly deteriorating. Although the use of the judicial system as a political tool in the Israeli-Palestinian conflict is not new, what we have witnessed in 2024 marks a notable escalation. In this context, war is being used as a pretext to justify the violation of rights and freedoms, turning the judicial system into a repressive tool that weakens Palestinians’ ability to defend their basic rights. Instead of being a means of achieving justice, the judiciary has, in many cases, become a tool to consolidate Israeli power at the expense of Palestinians’ rights, reflecting a shift in laws to serve political goals far removed from the interest of justice.
In conclusion, the escalation of judicial measures against the Palestinian community in Israel in 2024 reflects a dangerous shift in the relationship between Palestinians and the Israeli state. These harsh policies, implemented under a state of emergency and wartime conditions, intensify the suffering of Palestinians and reinforce their social isolation, as they are portrayed as a constant threat to Israeli national security. Politically, this escalation complicates efforts to resolve the conflict and legitimizes persecution, turning the judicial system into a tool for enhancing Israeli authority at the expense of Palestinian rights, which poses a threat to justice and equality and raises questions about the credibility of the judicial system in achieving justice for all citizens, regardless of their identity.
