the israeli incorporation regime75
the above legal amendments, because they illustrate that access to the
Israeli civil and political sphere to challenge this particularistic definition
rests upon its necessary, and prior, acceptance. One must affirm, adopt
and agree with the definition of Israel as a Jewish, Zionist and democratic
state before one can even begin to question it through civil institutions.
Before the challenge is considered, it automatically renders itself void. Thus,
as significant challenge to the particularistic legal, institutional, and procedural arrangement of the state through formal avenues is rendered
impossible, so too is genuine representation of the Palestinian-Arab citizenry within the Israeli regime.
Targeting Arab MKs: From Bishara to Zoabi
In November 2001, prior to a series of indictments, historically unprecedented parliamentary initiatives were launched to revoke the immunity of
former head of the NDA-Balad party, Arab MK Dr. Azmi Bishara. The
launch of these indictments in 2003 served as the first instance where an
MK was prosecuted for political expression and speech. Having examined
the circumstances leading to the end of the Israeli occupation of Southern
Lebanon and outlined the daily effects of the Israeli occupation on
Palestinian life in a speech in Syria, Bishara was charged under The
Prevention of Terrorism Ordinance Law (1948) for allegedly aiding a terrorist
organization (namely Hezbollah) and under the Emergency Regulations –
Foreign Travel Law (1948) for coordinating a series of visits for elderly Arab
citizens of Israel seeking to travel to Syria to visit relatives living in refugee
camps.57 While, in April 2003, the Nazareth Illit District Court unanimously ruled to dismiss the criminal charges against Bishara for his visits
to Syria, it nevertheless upheld the indictments against Bishara in
November 2003 for his political speeches.
With the partial lifting of a gag order on the investigation against the
former MK, it was later revealed in April 2007 that Bishara was specifically
accused of aiding the enemy during wartime, passing information on to
the enemy and contacts with a foreign agent, including during the 2006
Israeli invasion of Lebanon – all of which he has denied.58 On April 22,
57 Adalah: The Legal Center for Arab Minority Rights in Israel, The Inequality Report, 58.
58 Between July 12 to August 14, 2006, Israel attacked southern Lebanon during which
Israel’s Air Force flew more than 12,000 combat missions, its Navy fired 2,500 shells, and
its Army fired over 100,000 shells resulting in over 1,190 Lebanese and 43 Israeli civilian
deaths. See United Nations General Assembly Human Rights Council, Third Session,
Implementation of General Assembly Resolution 60/251 of 15 March 2006 Entitled ‘Human
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