Chapter 3
Suppression of Palestinian Civil Society,
Identity and Culture
Suppression of Palestinian Civil Society
Legal Framework
The ICCPR, to which Israel is a signatory, contains provisions essential to the
protection of a free civil society. Articles 19, 21, and 22(1) uphold the rights
to hold opinions without interference, to freedom of expression, peaceful
assembly, and freedom of association. These articles stipulate that restrictions
may be placed on these rights only if they are necessary for “national security
or public safety, public order (ordre public), the protection of public health
or morals or the protection of the rights and freedoms of others.”281 This
stipulation, particularly in reference to national security, is commonly invoked
by Israel to justify its violation of the aforementioned rights. However, the
invocation of national security itself is subject to heavy restrictions.282 The
Siracusa Principles that define the ICCPR’s limitation clauses specifically
emphasize in Article 32 that “A state responsible for [violations of human
rights] shall not invoke national security as a justification for measures aimed
at suppressing opposition to such violation or at perpetrating repressive
practices against its population.”283
Another justification for the violation of these rights invoked by Israel is that
it is currently in a state of emergency, and Article 4 allows States to derogate
281 ICCPR, Article 22
282 Novact – International Institute for Nonviolent Actions, Human Rights Defenders in Israel and
Palestine: A Group in Risk, February 2016, pages 5-6. Available at: http://novact.org/wp-content/
uploads/2016/03/The-Right-to-Defend-Human-Rights-in-the-oPt.pdf
283 UN Commission on Human Rights, The Siracusa Principles on the Limitation and Derogation Provisions
in the International Covenant on Civil and Political Rights (E/CN.4/1985/4), 28 September 1984,
Article 32. Available at: http://www.refworld.org/docid/4672bc122.html
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