these citizens or organizations and bans any person involved with them from
“participating in any public tender.”297 Provisions for allowing the suing of
these people and organizations without showing any proof was eventually
struck down by Israel’s Supreme Court in 2015, yet the other provisions were
allowed to remain. The nine judges handing down this decision admitted
that the law “indeed infringes on freedom of expression,” but unanimously
ruled that when it comes to boycotts of the state of Israel the infringement
is justified.298
Another example of the criminalization of movements is the banning of
the Northern Branch of the Islamic Movement in 2015. To accomplish this,
Israel used a British-mandate emergency law from 1945 permitting the
outlawing of groups and organizations perceived to be a threat national
security,299 namely under allegations that it cooperates with Palestinian
groups like Hamas and is involved with ‘incitement’ to violence.300 Upon the
adoption of the ban, Israeli forces arrested three of the group’s leaders,301
raided and seized documents and computers from associated offices,
froze bank accounts, and closed 17 non-profit organizations connected
to the movement.302 The Israeli Prime Minister’s office also announced
that “any organization or individual belonging to the northern branch or
found assisting the organization in any way will be committing a criminal
offense and is liable for imprisonment,” and that all land belonging to the
movement can be subject to confiscation.303
Funding Restrictions
NGOs and CSOs in Israel must also contend with discriminatory laws
restricting their funding. Palestinian NGOs or other NGOs advocating for
Palestinian rights rely heavily on foreign funding, as they do not seek Israeli
government funding and are limited in their access to private funding due
297 Adalah, “Anti-Boycott Law” – Prevention of Damage to Israel through Boycott, 2011. Available at:
http://www.adalah.org/en/law/view/492
298 Human Rights Watch (HRW), Dispatches: Israeli Supreme Court Upholds “Anti-Boycott Law”, 18
April 2015. Available at: https://www.hrw.org/news/2015/04/18/dispatches-israeli-supreme-courtupholds-anti-boycott-law
299 Ali Younes, Islamic Movement rejects Israeli government ban, Al Jazeera, 17 November 2015.
Available
at:
http://www.aljazeera.com/news/2015/11/islamic-movement-rejects-israeliban-151117074806180.html
300 Barak Ravid, Israel Outlaws Islamic Movement’s Northern Branch, Haaretz, 17 November 2015.
Available at: http://www.haaretz.com/israel-news/1.686521
301 Ali Younes, Islamic Movement rejects Israeli government ban, op. cit., 17 November 2015
302 Barak Ravid, Israel Outlaws Islamic Movement’s Northern Branch, op. cit, 17 November 2015
303 Ibid.
84
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