By: Lawyer Omar Khamaisi
The characteristics of the current difficult phase faced by our Arab community in Israel have become increasingly clear, especially in the aftermath of the “Guardian of the Walls” events in 2021, which revealed the future approach of the state toward our community during times of crises and conflicts. The most recent developments have shown us the severity of the challenges we face, particularly in the wake of the war that began on October 7, 2023, which has led to the suspension of laws that, though imperfect, allowed for a degree of democratic expression, and the complete eradication of even the already limited space for free speech that existed in normal times. In times of war, Israel effectively declares a state of emergency, which grants the government powers to impose policies and take actions that are usually beyond its legal scope. This means that any expression of opinion or solidarity by the Arab community, particularly relating to the humanitarian crisis in Gaza, can now be categorized as “support for terrorism” from the Israeli perspective.
A new law was recently enacted to criminalize “consuming terrorist content,” which targets individuals who engage with media or videos that support groups like Hamas or ISIS, labeling anyone who follows or shares such content as liable for arrest and prosecution. It’s not enough for the state to suppress our ability to write, publish, or express opinions; they now seek to dictate how we think, what we think about, and what we are allowed to think at all. This is leading to significant psychological pressure on individuals, as people are increasingly uncertain about what content they are allowed to read or watch, creating a constant feeling of being under surveillance—24/7. This is a blatant violation of basic freedoms and marks a dangerous slide into authoritarianism, attempting to erase our collective memory, sever our national and cultural identity, and disconnect us from the issues facing the Palestinian people at large.
Since October 7, the Arab community in Israel has been subjected to harsh security measures, widespread restrictions, and authoritarian practices designed to prevent any public protest or expression of solidarity with the people of Gaza. These measures have extended to the suppression of peaceful activities such as silent protests calling for an end to the war and an end to the killing of civilians. The authorities have imposed severe restrictions on students, workers in the public and private sectors, and Arab journalists. In many cases, this has included harassment, attacks, and arrests, particularly for individuals who posted on social media platforms—posts that were often misinterpreted and distorted.
The Suppression of Free Speech and Expression
Even though expressing an opinion should not be solely in line with the Israeli narrative, and should be protected as long as it falls within the framework of the law, the very definition of the law has become increasingly vague and expansive, to the point where it now criminalizes legitimate expressions of grief or opposition to the war. The state’s message is clear: any expression of support for the victims in Gaza, or any criticism of the Israeli military’s actions, is potentially a criminal act. This broad interpretation of the law has created an environment in which no one feels safe expressing an opinion. Even the most basic acts of solidarity—such as sharing news about the civilian casualties in Gaza or expressing condolences—have become grounds for prosecution.
Arab citizens also face daily threats from extremist Jewish groups and Israeli political elites. Public figures, including those in the media and government, have openly threatened to revoke the citizenship of Arabs who express what they consider “support for terrorism.” This hostile environment has been exacerbated by the statements of Israeli police commissioner Yaakov Shabtai, who emphasized that protests in the Arab community would not be tolerated under any circumstances, even if they were humanitarian in nature or aimed at saving the lives of civilians. These statements were quickly translated into violent suppression of protests, with excessive use of force, including the use of sound bombs, tear gas, and physical violence against demonstrators, including women and children.
The Role of the Israeli Bar Association
An unexpected and disturbing development has been the complacent position of the Israeli Bar Association regarding the growing wave of incitement and threats against Arab lawyers. The Bar Association, which is meant to protect the rights and freedoms of all lawyers, especially those who defend the marginalized, has failed to protect its Arab members from accusations that are based solely on their political or personal views. In fact, the Bar Association has added fuel to the fire by publishing a statement suggesting it would consider amending its bylaws to allow for the immediate dismissal of any lawyer who publicly supports, praises, or promotes terrorism, as defined by Israel’s anti-terrorism laws. This approach has created an even more hostile environment for Arab lawyers, who are already under immense pressure to defend clients accused of “terrorism” or related charges.
What is most surprising is that those who are entrusted with defending human rights and freedoms—the lawyers—find themselves unable to express their opinions, let alone defend their clients’ rights, in an atmosphere of growing repression. The Bar Association’s failure to stand up for its Arab members has made it easier for extremist right-wing groups to target these lawyers. These groups have been publicly identifying Arab lawyers, publishing their names, photos, and personal information, and inciting violence and hatred against them. This not only endangers their personal safety but also undermines the integrity of their profession, as these lawyers are now under pressure to abandon their professional obligations and disregard the principles of justice.
A Climate of Fear and Repression
These punitive measures are designed to instill fear and deter Arab lawyers and citizens from speaking out against Israel’s actions in Gaza. This has led to a widespread sense that the Arab community is being watched, that any expression of dissent or humanitarian concern is punishable, and that even basic freedoms are under siege. Many in the community feel as though they are caught in a web of surveillance and repression, unable to speak openly about the suffering of civilians in Gaza, let alone participate in protests or demonstrations.
For Arab lawyers, this climate of fear has meant not only physical and emotional stress but also a professional crisis. Many lawyers now fear they will be investigated, arrested, or subjected to disciplinary actions for their involvement in representing Palestinian clients or for their political views. Some have even been arrested or had charges pressed against them for expressing opinions on social media that were deemed to be “supporting terrorism.”
This picture reflects the increasingly grim and dangerous reality that our community faces, not only in the current war but as part of a larger, ongoing strategy of repression and marginalization. We have long warned, and others have echoed our concerns, that as an indigenous minority in this country, we are targeted by systematic governmental policies designed to undermine our rights and our existence. These policies are not limited to times of war but are part of an overarching plan to weaken us, diminish our sense of identity, and remove us from the political landscape.
In conclusion, the current situation serves as a stark reminder that we must remain vigilant in defending our rights and freedoms, not just in moments of crisis, but at all times. We cannot allow the state to dictate what we can think, what we can say, or how we can express our humanity. The time has come for all of us to unite and resist the forces of repression, so that we can protect our rights, our identity, and our future.
