Legislative Initiatives – Knesset Winter Session

In October 2024, as the war on multiple fronts entered its second year, Israel’s Knesset began its winter session with a legislative agenda that includes contentious discussions on the state budget, ultra-Orthodox military service, civil rights, and the potential revival of the government’s judicial overhaul program.  

A number of legislative efforts impacting Arab citizens that were initiated with the formation of the current government in November 2023, are being advanced in the Knesset’s winter session. Among the most significant are bills expanding election disqualification criteria, which could suppress Arab representation in the Knesset, and anti-terrorism laws focused on Arab citizens specifically.  

While the proposals are in different stages and have varying chances of becoming law, along with cabinet resolutions and ministerial decisions, in aggregate they increase the sense of exclusion among Arab citizens and concerns for the pursuit of equal citizenship in Israeli society. 

Expansion of Election Disqualification Criteria 

A proposed amendment to one of Israel’s  Basic Laws, led by Likud MK Ofir Katz, seeks to expand election disqualification criteria. The bill, seeks to disqualify candidates or parties based on a single act or statement construed as support for terror, replacing the current requirement for ongoing actions. Critics of the bill fear it will reduce Arab representation in the Knesset and potentially suppress Arab voter turnout,, 

Historically, petitions to the Central Elections Committee have attempted to bar Arab candidates or parties, citing support for Palestinian nationalism or alleged ties to terrorism. Article 7A of the Basic Law currently allows disqualification for denying Israel’s Jewish and democratic character, inciting racism, or supporting terrorism and armed struggles against the state. However, the Supreme Court has narrowly interpreted these criteria to ensure broad political participation. On October 30, the Knesset voted to approve a preliminary reading of the bill, including provisions to limit judicial review of disqualification decisions, meaning it will now be advanced for formal readings. 

Civil rights groups, policymakers and analysts have raised concerns about the proposed bill and its potential implications. An IDI analysis suggests the bill’s primary aim is to disqualify Arab parties and candidates and sees it as “a significant step in the process of democratic retreat.” The Association for Civil Rights (ACRI) strongly opposes the legislation, arguing that it reflects the coalition’s goal of a “Knesset without Arabs.” According to ACRI, the bill “could silence Arab and left-wing MKs, restricting their ability to address the occupation and the Israeli-Palestinian conflict,” thereby undermining their rights to fully represent their constituents or form an opposition. 

Anti-Terrorism Bills Targeting Arab Citizens 

Several anti-terrorism laws were passed in 2024. Additional bills amending existing counter-terrorism laws are currently undergoing votes and review. While such measures are seen as necessary for addressing terrorism and ensuring state security, experts warn that they can also risk altering the delicate balance between freedom of expression and public safety, especially when targeting specific identity groups.  

In that respect, there is concern that these laws disproportionately target Arab citizens, criminalizing the Arab minority and reinforcing harmful stereotypes of Arabs as potential national security threats. This rhetoric sets Arab citizens apart from other groups in Israeli society, suggesting that their citizenship and civil rights may be conditional, and intensifies suspicion of Arab society. 

Laws passed in the Knesset in 2024 

• Law Enhancing Oversight of Teachers Suspected of Terror-Related Offenses (enacted November 4): This law grants broad authority to the Ministry of Education to dismiss teachers without severance pay and reduce school funding if there is suspicion of support or identification with terrorism. According to the Association for Civil Rights in Israel, the law aims to regulate school discourse and target teachers whose statements or beliefs do not align with the Ministry of Education “for surveillance and persecution”, particularly within the Arab education system. Even before the law passed, stories of teachers—both Jewish and Arab—being accused made headlines, raising concerns among education professionals about the impact on both the teaching staff and students. 

• Law on Deporting Terrorists’ Families (enacted on November 6): This law allows the Interior Minister to deport immediate family members of individuals designated as “terrorist operatives” from Israel for up to 15 years if it is determined they “knew in advance about a family member’s plan to commit a terrorist act and did not make all required efforts to prevent it.” Additionally, the minister has the authority to deport a family member if they “expressed support or identification with the terrorist act or published statements of praise, sympathy, or encouragement.” The deportation can be to the Gaza Strip or another location. The concerns raised about such legislation is that it holds all Arab citizens accountable for the actions of family members. Both the justice ministry and the attorney general’s office have raised concerns about how the legislation, which will likely be challenged in court, can be enforced. 

Bills Undergoing Votes and Review 

• Anti-Terrorism Speech Bills: These proposals aim to expand the prohibition of expressions under Article 24, Counter-Terrorism Law, that could potentially lead to terrorist acts. Under the new law, even statements with no direct risk of inciting terrorism could be banned and result in imprisonment. Additionally, implied support for a specific organization—despite an explicit condemnation of harm to civilians or terrorist acts—would be classified as a serious speech offense. A separate proposal targets social media, prohibiting actions (including likes) related to potentially inciteful content. It also seeks to eliminate the current requirement for police to obtain prosecution approval before initiating criminal proceedings. Despite overly broad wording and possible legal interpretation, these proposals have passed the preliminary reading and are now in the Constitution Committee for preparation ahead of the first reading.