the israeli incorporation regime71
during the attacks on Gaza, 34 percent of whom were minors. On the systematic targeting of Palestinian protesters during this violent crackdown,
Adalah notes:
Significantly, not one detainee from the Tel Aviv District, where the majority
of Jewish protestors against the war were detained, was remanded until the
end of proceedings against them. By contrast, all detainees in the Northern
District were detained until the end of proceedings against them, and 94%
in the Jerusalem District, where almost all protestors were Arabs.50
Criminalizing Arab Political Participation and Discourse
A further curtailment of the political rights of Palestinian citizens comes
in the form of reducing the rights of their political leadership. To stifle the
political legitimacy of the Arab representatives and MKs and bring it in
line with the dominant Zionist consensus, consecutive Israeli governments have employed a variety of legal tools, including criminal investigations and proceedings as an instrument for political suppression. The
political activity of Arab public figures, civil society, and political representatives has been targeted through three main measures:
i. On May 15, 2002, the Knesset passed Amendment No. 35 to The Basic Law:
The Knesset to prevent any candidates list and any person from participating as a candidate in elections to the Knesset if their aims or actions either
“explicitly or implicitly” deny or challenge the Jewish and democratic
nature of the State of Israel. The defined character of Israel as a Jewish state
has three inter-related components, derived from a prominent Supreme
Court ruling on a case further discussed below, called Ben-Shalom v. Central
Elections Committee for the 12th Knesset (1988). As Sultany points out,
[i]n the leading Supreme Court decision of Ben Shalom, the majority held
that the minimal definition of Israel as the state of the Jewish people is
based on three elements: a Jewish majority in the state, preferential
treatmentof Jews over other groups in returning to their state, and preferential reciprocal treatment between the state and Jews in the Disapora. A candidates’ list that rejects these elements is prevented from participating in
elections.51
50 Adalah: The Legal Center for Arab Minority Rights in Israel, The Inequality Report, 56.
51 Sultany also explains that the majority in the Ben Shalom decision also held that a list
that supports a repeal of The Law of Return must be disqualified, and that a list calling for
total equality between Arabs and Jews “not only on a personal basis, but also on a national
basis” also does not recognize the nature of the State of Israel as a state of the Jewish p
eople
(2003, 25–26).
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