Israeli High Court to hear petition against ‘anti-boycott law’

By +972 Magazine February 15, 2014 | Edit

An expanded panel of nine justices of the Israeli High Court of Justice will hear a petition against the “anti-boycott law” Sunday morning, which several NGOs are arguing silences debate on one of the most important and divisive issues in Israeli society.

Passed by the Knesset in 2011, the law, formally known as the “Law for Prevention of Damage to State of Israel through Boycott,” allows those who feel they have been harmed by a boycott – whether against Israel or an Israeli institution or territory (i.e. the settlements in the West Bank) – to sue the person or organization who publicly called for it.

If a person calls for a boycott of academic institutions that participate in the occupation or companies operating in the occupied territories, she/he could be sued in civil court and ordered to pay compensation.

Click here for +972’s full coverage of the anti-boycott law

The definition is very broad — even a simple call not to visit a certain place falls under it. The plaintiff doesn’t even have to prove damages. A link to a translation of the full text can be found here.

According to Adalah’s (one of the NGOs petitioning the law) press release:

In the petition filed in 2012, Adalah Attorneys Hassan Jabareen and Sawsan Zaher, and ACRI Legal Advisor Dan Yakir argued that the law must be cancelled as it imposes a ‘price tag’ on legitimate political expression, and thus, undermines public debate on the most controversial issues in Israeli society. The law violates the constitutional rights of freedom of expression, dignity and equality. The petitioners argued that the law, due to the severe sanctions imposed, has created a ‘chilling effect’ that deters all those wishing to express a political stance by calling for a boycott.

Both the law itself and its impact on constitutional rights have been sharply criticized by civil society organizations in Israel, the European Union, the United States government, and international human rights organizations. The Knesset’s legal adviser also expressed his strong stance against the law, stating that it constitutes ‘injury to the heart of free political expression in Israel.’

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TEST TEST GAL Our team has been devastated by the horrific events of this latest war. The world is reeling from Israel’s unprecedented onslaught on Gaza, inflicting mass devastation and death upon besieged Palestinians, as well as the atrocious attack and kidnappings by Hamas in Israel on October 7. Our hearts are with all the people and communities facing this violence. We are in an extraordinarily dangerous era in Israel-Palestine. The bloodshed has reached extreme levels of brutality and threatens to engulf the entire region. Emboldened settlers in the West Bank, backed by the army, are seizing the opportunity to intensify their attacks on Palestinians. The most far-right government in Israel’s history is ramping up its policing of dissent, using the cover of war to silence Palestinian citizens and left-wing Jews who object to its policies. This escalation has a very clear context, one that +972 has spent the past 14 years covering: Israeli society’s growing racism and militarism, entrenched occupation and apartheid, and a normalized siege on Gaza. We are well positioned to cover this perilous moment – but we need your help to do it. This terrible period will challenge the humanity of all of those working for a better future in this land. Palestinians and Israelis are already organizing and strategizing to put up the fight of their lives. Can we count on your support? +972 Magazine is a leading media voice of this movement, a desperately needed platform where Palestinian and Israeli journalists, activists, and thinkers can report on and analyze what is happening, guided by humanism, equality, and justice. Join us.

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