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Israel Prohibiting the Right to Demonstrate - by Stephen Lendman
The 1907 Hague Convention's Article 43 and Fourth Geneva's Article 64 require that occupied territory penal laws stay in force, applicable to both occupier and occupied. However, since 1967, Israel issued over 2,500 Military Orders, controlling daily life solely for Palestinians, not settlers, the military commander having final authority over institutionalized discrimination, suppressing democratic freedoms, including free expression and right to gather peacefully to protest.
Under Israel's 1967 Military Order No. 101 ("Order Regarding Prohibition of Incitement and Hostile Propaganda Actions" as amended), gatherings of more than 10 Palestinians are prohibited without advance IDF notice, including names of participants, those in violation subject to 10 years imprisonment, a heavy fine, or both. The order implies that Palestinians have no legal right to demonstrate, express views freely, or engage in nonviolent peaceful protests.
Even Jews aren't exempt when supporting Arabs, Haaretz writer Nir Hasson (on July 10) headlining "Unprecedented police brutality at East Jerusalem protest" saying:
"Some 300 left-wing activists clashed with police July 9 during the weekly" Sheikh Jarrah neighborhood protests." Every weekend, Israelis join Arabs for a just Jerusalem, demonstrating against settler activity, decrying their takeover of area homes.
Over 40 public figures, including jurists, academics, intellectuals, and writers co-signed a letter, accusing the district police of "illegal and inequitable" conduct, demanding Attorney General Yehuda Weinstein investigate unequal treatment "based on political leanings."
Among the signatories are former Attorney General Michael Ben-Yair, retired Judge Boaz Okun, former Education and Justice Minister Amnon Rubinstein, legal scholar Mordechai Kremnitzer, and former head of the Israel Bar Association, Shlomo Cohen, among others, over 40 in all defending peaceful Sheikh Jarrah demonstrations, begun months ago, resulting in over 120 arrests and dozens of indictments.
After the courts ruled dispersing them illegal, police changed tactics, erecting barriers selectively, permitting those supporting settlers, not their opponents, highlighted last Jerusalem Day (commemorating the city's reunification in June 1967) when police let hundreds of religious extremists rally all day and night, calling for revenge against Gentiles near Palestinian homes. At the same time, Arab supporters were removed, some arrested, including Jews, many targeted violently two days later for protesting seated in streets, police a de facto armed militia for extremism, defiantly violating international law.
The Right to Demonstrate
In July, the Israeli human rights group B'Tselem published a position paper titled, "The Right to Demonstrate in the Occupied Territories," explaining that Palestinian, Israeli, and international activists protest regularly against the Separation Wall - in recent months, Israel reacting harshly against them.
Dozens have been arrested, many indicted. On February 17, 2010, OC Central Command signed two "Declaration Regarding Closure of Area" orders, designating those adjacent to the Wall in Bil'in and Ni'lin closed military areas every Friday from 8AM - 8PM when demonstrations regularly occur.
In its paper, B'Tselem examined "the theoretical framework of the right to demonstrate in international law, Israeli law, and the military law," applying to Palestinians, not Israelis, governed by civil law - affirmed in Israeli case law as a basic right based on High Court decisions.
Freedom to Demonstate Under Israeli Law
Former High Court President/Justice Aharon Barak established that:
"a demonstration of a political or social character is a manifestation of the autonomy of individual will, freedom of choice, and freedom of negation that are included in the framework of human dignity as a constitutional right."
Israel's Supreme Court stressed the importance of protecting minority views saying:
