Israel protects hate speech against Palestinian lawmakers

Calling Palestinian members of the Israeli parliament “terrorists” is freedom of speech, the State Prosecutor’s Office has said in a remarkable ruling exposing the wider patters of racism and discrimination in the apartheid state. Jewish members of the Knesset, said the State Prosecutor, have immunity from prosecution for hate speech if they refer to Palestinian Knesset members from the United Arab List (UAL) as “terrorists”.

The decision by the Prosecutors Office was issued after UAL lawmaker Waleed Alhwashla asked for the removal of National Missions Minister Orit Strock‘s parliamentary immunity so that he could file an indictment against her for incitement.

In May, Strock made inflammatory remarks about the UAL in the Knesset. She described the party as “a terrible predatory beast in sheep’s clothing, terrorists in a suit and tie and a sweet smile.” She also claimed that the UAL “had the government by the throat” and that relying on its support was “the height of disgrace.”

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Shimon Huja, an attorney at the Deputy State Prosecutor’s office (Special Matters), justified the decision by stating that Strock’s comments are “protected under freedom of expression in general, and in particular freedom of political expression, which is especially broad.” He added that the statements do not provide sufficient grounds for opening a criminal investigation.

This ruling has exposed what many consider to be a glaring double standard at the highest level of Israeli society. Over the years, Arab lawmakers have faced a multitude of challenges, including attempts to disqualify them from running for office, verbal abuse and legislative efforts to restrict their political participation. Moreover, they have experienced a systematic suppression of their freedom of expression, with their speech often subject to heightened scrutiny and punitive measures not applied to their Jewish counterparts.

The double standard in the treatment of speech by Palestinian and Jewish members of the Knesset was underscored by the recent actions of the Knesset’s Ethics Committee. While inflammatory remarks against Palestinian lawmakers were deemed protected speech, Palestinian MKs faced harsh sanctions for their statements. MKs Aida Touma-Suleiman and Iman Khatib Yassin, for example, were banned from Knesset hearings and votes for two months. They also had their salary deducted, for what the committee termed “inflammatory remarks” following the 7 October Hamas-led cross-border incursion. Similarly, MK Ofer Cassif was suspended for 45 days and had his salary docked for drawing parallels between the Holocaust and current government policies in Israel.

These punitive measures against Palestinian lawmakers and their allies stand in stark contrast to the protection afforded to those making inflammatory statements against them. The Democratic Front for Peace and Equality and the United Arab List condemned these actions as a “dangerous escalation of political persecution” and suppression of dissenting voices in the Knesset.

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