How the Knesset Legitimizes Discrimination against Arabs in 'Israel'

While the world seeks to get rid of racist or ethnic laws, the ruling right-wing coalition in “Israel” continues to enact special legislation against the Arab community and Arab parties with the aim of intimidating them and perpetuating their persecution.

The latest episode of these laws came with the Israeli Knesset approving a law that stipulates the deportation of the families of those who carry out operations against Israelis, even children.

This law is part of a series of controversial racist laws recently passed by the Knesset, which is controlled by right-wing parties, including a law banning the activities of the UNRWA in areas that “Israel” claims are under its sovereignty.

Such laws have drawn criticism from Palestinian and international human rights organizations, who consider them a violation of international law, as they are classified as collective punishment that violates the rights of individuals.

Israeli Restrictions

After the Israeli Knesset recess ended on October 15, its members met over the past weeks to pass a series of laws and discuss other new bills, most of which aim to silence and suppress Arab voices in the occupied Palestinian territories and impose further restrictions on the Arab parties represented in the Knesset.

On November 7, the Knesset approved in its second and third readings a law to deport the families of Palestinian perpetrators of attacks against Israeli sites and targets for a period of 7 to 20 years, depending on the nationality of the perpetrator.

The law, which was submitted by Likud MK Hanoch Milwidsky, along with other members of the ruling right-wing coalition parties, was supported by 61 MKs, while 41 opposed it.

Activists considered the decision to be part of the efforts of the far-right Israeli forces to displace the Arabs.

The law includes Palestinians of 1948 within the Green Line, and Palestinians who are residents of occupied Jerusalem, with deportation to the Gaza Strip or any other place based on the circumstances.

The Knesset noted in a statement that the law stipulates that the Interior Minister may order the deportation of first-degree relatives of the perpetrators of the attacks, i.e. parents, siblings, children, and spouse, if they knew in advance that the family member planned to carry out the attack and did not make all the necessary efforts to prevent it.

It is noteworthy that the Knesset had previously passed a law requiring the demolition of the home in which this person lives, even if it is not his property.

But the authors of the new law claimed that demolishing the home was not a sufficient deterrent, and that expelling family members will be a necessary element to complete the deterrence process.

On its part, Haaretz newspaper described this law, which was quickly pushed forward, as extremist, and said that it was not accepted by the government’s attorney general, Gali Baharav-Miara.

In turn, Israeli National Security Minister Itamar Ben-Gvir, head of the far-right party Jewish Power, described the approval of the bill as a historic day.

He added in a post on his account on X: “From now on, every terrorist will know before he sets out to carry out his plan that all of his family members will be expelled from Israel.”

On November 7, the Knesset also approved a temporary measure that allows minors under the age of 14 to be imprisoned for up to five years if they are convicted of committing operations related to Palestinian resistance factions. 

This law was approved by 55 MKs, while 33 MKs opposed it.

More than 270 Palestinian minors are currently held in Israeli detention, despite UN resolutions and international treaties prohibiting the imprisonment of children, according to Palestinian rights groups.

Previously, minors of those ages were not allowed to be sentenced to prison, according to Adalah, a legal advocacy group. 

It noted that the law was motivated by revenge and said it would affect Palestinian citizens of Israel and residents of east Jerusalem.

“Palestinians in the occupied West Bank can already be sentenced from age 12 under Israeli military laws in the territory,” Adalah said.

In another context, on November 5, the Knesset approved a bill that allows the Minister of Education to prevent the transfer of budgets to schools, as well as allowing the Director General of the Ministry to dismiss teachers based on quick procedures and without prior notice.

This racist law, which targets Arab schools and Arab teachers, was supported by 55 MKs of parliament, while 45 MKs opposed it.

It is noteworthy that the bill was proposed by MK Amit Levy of the Likud party, as well as MK Zvi Fogel of the Jewish Power party.

Levy claimed after the final approval of the bill that it targets the strongest infrastructure of terrorism, which is education.

In contrast, Knesset members warned of the problem of granting the power to dismiss teachers, without any oversight, describing the law as populist, unnecessary, extremist and dangerous.

Civil society organizations pointed out that the aim of this law is to intimidate, silence, and prevent any expression of a political position or raising a topic for discussion among students.

Discrimination against Arabs

On October 30, the Knesset approved a law proposed by coalition chair Likud MK Ofir Katz, which proposes expanding the possibility of disqualifying Arab candidates from running in elections to the Knesset. 61 MKs voted in favor of the proposal, while 35 MKs opposed it.

The proposal seeks to amend Article 7A of the Basic Law: The Knesset to expand the possibility of disqualifying candidates and lists of candidates from running in elections to the Knesset, on the grounds of supporting terrorism and armed struggle.

According to the bill, participation in elections could be barred due to what “Israel” might consider support for armed struggle, even if the support for armed struggle is by a single individual, unlike the current law, which allows disqualification only if the support is for armed struggle by an enemy state or a terrorist organization.

According to the proposal, disqualification would not require Supreme Court approval, but a decision by the Central Elections Committee would suffice.

If the bill is finally passed, it would be much easier to disqualify Arab candidates from running for Knesset.

A number of researchers at the Israel Democracy Institute believe that the amendment would unjustifiably and disproportionately harm the right to vote and run for office.

In addition, MK Simcha Rothman of the Religious Zionism party submitted a bill with a group of members of the far-right parties, which aims to eliminate the need for instructions from the State Attorney's Office before opening an investigation into incitement crimes.

In another context, MK Simcha Rothman of the Religious Zionism party and MK Yulia Malinovsky of the Yisrael Beiteinu party submitted a new bill that sets special conditions for the imprisonment and trial of Palestinians, whom “Israel” claims participated in the Al-Aqsa Flood Operation on October 7, 2023, and allows for their execution by decisions of judges chosen by the justice and foreign ministers.

According to the proposal, the October 7 attacks will be defined as genocide, and hostile acts carried out by Hamas and other groups against the Jewish people and “Israel”, and will be subject to special definitions and conditions.

In June, Israeli National Security Minister Itamar Ben-Gvir urged the courts to impose the death penalty on Palestinians who carried out resistance operations against Israelis. 

In April, he also advocated the killing of Palestinian prisoners to alleviate overcrowding in Israeli prisons.

This is not the first time in the Knesset that Israeli efforts to execute Palestinian prisoners have been raised publicly.

In November 2023, the Knesset discussed a bill to execute Palestinian prisoners, submitted by Ben Gvir.

In March 2023, the Knesset approved in a preliminary reading a bill that would allow the death penalty for Palestinian prisoners convicted of killing Israelis, which was submitted by Ben-Gvir, but was met with a wave of Palestinian opposition.

It is noteworthy that “Israel” abolished the death penalty in 1954. Since then, it has applied long-term imprisonment that may be hundreds of years.

The death penalty law has been proposed in “Israel” more than once in recent years, but the Knesset refused to legislate it.

Racist Laws

These controversial laws are part of a series of other laws proposed by members of the ruling Likud party, headed by Prime Minister Benjamin Netanyahu, and other far-right parties, whose ostensible goal is to deter Arabs in “Israel” from joining the war effort of Hamas, the Lebanese Hezbollah, and Iran against “Israel”, but in reality they are dark laws with aggressive goals.

However, Adalah said that the ruling right is making these proposals within the framework of restrictions on Palestinian society in “Israel”, and shrinking the already narrow space for democracy.

It explained that ultimately, the fight against terrorism is being used as a pretext to tighten its grip on Palestinian society inside “Israel” through these amendments to the laws.

It also sent a letter to the Israeli judicial, parliamentary and political authorities, stressing that the proposed bills are dangerous.

Before that, Adalah warned of other anti-Palestinian laws, such as the law to close and boycott the UNRWA.

Israeli human rights organizations have warned that these laws are directed today at the chests of the Palestinians, but they will rebound in various ways to slaughter the entire Israeli society, Jews and Arabs living in it.

In turn, journalist Iyad Hamad confirmed in a statement to Al-Estiklal that “the war on Gaza and Lebanon united the Israeli parties in the Knesset, and facilitated the enactment of racist laws against the Arab community.”

“The latest Israeli Knesset law that allows the expulsion of Arab citizens' families is a criminal law that aims to exile hundreds of Palestinian families and constitutes another form of displacement,” he added.

He also stressed that this law violates the basic principles of international law that prohibit punishing a person for acts he did not commit, noting that it confirms everything that is being said about the imminent declaration of the so-called “Jewish state”.

As for the law that requires the trial and imprisonment of Palestinian children under the age of 14, Mr. Hamad pointed out that it is a blatant violation of international covenants and treaties, and the UN Conventions on the Rights of the Child, and it is a criminal step that comes in the context of the atrocities practiced by the fascist occupation against the Palestinian people.