By: Lawyer Omar Khamaisi
There is no doubt that Israeli authorities have a long history of using excessive and unjust force against Palestinian Arabs in Israel. However, the events and aftermath of the “Hibbat al-Karama” (the May 2021 uprising) exposed an alarming increase in the hatred and sadism within the Israeli security forces’ mentality towards Palestinian citizens of Israel. The Israeli police and various security arms relied heavily on the principles of security doctrine, particularly the concept of “deterrence” in its two forms: “deterrence by prevention” and “deterrence by punishment.” This policy, they believed, was the only way to prevent Palestinian citizens from protesting and demonstrating in the future.
Deterrence by Prevention
The concept of “deterrence by prevention” during the “Hibbat al-Karama” involved the Israeli police and security forces using fascistic methods to suppress peaceful protesters who attempted to defend themselves against settler violence in Palestinian towns and mixed cities (cities with both Jewish and Arab populations). As noted by Israeli State Comptroller Matanyahu Englman in a report released on July 27, 2022, the Israeli security forces’ response was brutally disproportionate. This harsh repression resulted in numerous injuries, some serious due to rubber bullets and beatings with batons, especially targeting the head and eyes. Additionally, Mohammed Kiwan, a student from Umm al-Fahm, was killed by police gunfire.
In parallel, the Israeli police, along with the Shin Bet (Israel’s internal security agency), carried out a large-scale arrest campaign against hundreds of Palestinian youths from the Arab community. These detainees were subjected to severe and inhumane treatment, leaving some with permanent disabilities. Testimonies from those detained describe illegal practices such as torture, physical abuse, and denial of their basic rights, including preventing them from meeting with lawyers.
Deterrence by Punishment
The principle of “deterrence by punishment” was implemented through the judicial system, which is part of the broader network of security and political decisions. This policy became particularly evident in the extreme and disproportionate sentences handed down to detainees from the “Hibbat al-Karama” events. Some sentences reached up to ten years in prison, while under normal circumstances, such sentences would not exceed five years. The prosecution also intensified the formulation of charges, including invoking provisions from the 2016 Anti-Terrorism Law. These actions were driven by explicit directives from the Attorney General and the Legal Advisor to the Government. The public prosecutor’s office became notably more aggressive in managing these cases, marking a dangerous precedent for the judiciary’s alignment with politically charged and discriminatory policies. These harsh punishments are indicative of Israel’s increasing embrace of a policy of radicalization and racial discrimination, evident in the clear double standards applied in the prosecution of Arabs and Jews.
The Role of Settlers and the Military in “Hibbat al-Karama”
What made the “Hibbat al-Karama” especially dangerous was the mobilization of armed settlers, supported by the Israeli security forces, to instill fear and terror among Palestinian citizens of Israel and to attack their property. This mobilization was facilitated by official calls from political and religious leaders, which gained significant traction in Israeli media. The police were aware in advance of plans by hundreds of armed settlers, including reservists, to come from settlements in the West Bank to the city of Lod under the pretext of “protecting Jewish property” in the city. This led to the killing of Musa Hassouna, a Palestinian youth from Lod, who was shot by a settler during an attempt to raid Arab homes and attack their property. Such an event, and the extent of settler violence, was unprecedented and marked a significant escalation in the situation.
Racial Language and Discrimination in the Legal System
In the Israeli courts, one of the most troubling developments in handling the cases of those arrested during the “Hibbat al-Karama” was the pervasive use of the terms “we” and “they” in interrogations and legal proceedings. This linguistic division reinforced a racist mindset, where Palestinians were referred to as “them,” which symbolized their status as second-class citizens. This discourse not only justified the legal and security measures used against Palestinians but also reflected a broader ideology of racial superiority, aiming to reinforce the “Nation-State Law” and to further entrench the idea that Palestinians have no equal rights to Jewish citizens.
Additionally, the involvement of the Shin Bet in these events was marked by its well-known methods of intimidation and abuse, including threats, fear tactics, and psychological coercion. The Shin Bet treated these protests as a severe security threat, which led to the forced confessions of some detainees for crimes they did not commit. On the other hand, political leaders from Palestinian movements, such as Sheikh Kamal Khatib, Mohammed Kana’ana, and Sheikh Yusuf al-Baz, were targeted, arrested, and charged with inciting violence and “fueling the flames of an intifada.” These leaders were, in reality, speaking out against the violence directed at Palestinian citizens. The arrests and prosecutions of these leaders clearly indicated a politically motivated campaign of selective repression and racial discrimination, as evidenced by the fact that the Israeli prosecution still refuses to disclose the number of charges brought against Jewish political figures or Jewish demonstrators for incitement.
Weak Response from Palestinian Society and Political Leadership
It is important to highlight that the response of Palestinian society during and after the “Hibbat al-Karama” was insufficient to meet the scale of the challenges and the aftermath of the events. While some grassroots movements played an active role, the overall response was fragmented, and the support for detainees and their families was inadequate. This failure of response can be attributed to the Palestinian political factions, including those represented in the Knesset, which did not allocate sufficient resources to establish emergency funds for the detainees’ cause. Even Arab civil society institutions, such as human rights organizations, found themselves hampered by a lack of financial resources, making it difficult to follow up on criminal cases related to the protests. Meanwhile, families of the detainees were forced to rely on private lawyers, including expensive Jewish lawyers, which placed additional burdens on them. As a result, the role of civil society organizations was limited to the early stages of detention, leaving the families of the detainees without adequate support.
The Need for Structured Response and Preparedness
Finally, as an indigenous minority in the country, we face ongoing and systematic governmental plans aimed at suppressing us in the short and long term. In such a context, the Arab Higher Monitoring Committee must establish an emergency committee and collaborate with professional civil society organizations to develop well-thought-out strategies, plans, and preventive and remedial measures. These strategies should be designed to meet the challenges and developments of the situation. Without a proactive response, our role and performance will remain inadequate, which will only harm our community. The coming period, especially with the potential establishment of the “National Guard” led by Minister Itamar Ben-Gvir, indicates an even darker future for the Palestinian Arab community. This militia, in particular, will likely target Arab citizens in the event of future protests like the “Hibbat al-Karama,” with the threat of “national emergency” and “anti-terrorism” measures, further exacerbating the oppression we already face.
In conclusion, Palestinian society in Israel is subjected to a systematic policy of repression and targeted legal and security measures, and without a structured and coordinated response, the situation will only worsen in the future.
