High Court rules against group seeking to hold anti-war protest, citing lack of manpower

Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter

Pro-Palestinian demonstrators gesture toward Israelis during a protest in New York City, October 8, 2023. (Luke Tress/Times of Israel)
Pro-Palestinian demonstrators gesture toward Israelis during a protest in New York City, October 8, 2023. (Luke Tress/Times of Israel)

The High Court of Justice rejects a petition demanding the police be ordered to approve an anti-war demonstration in the Arab-Israeli towns of Um al-Fahm and Sakhnin, siding with the police that such an event would divert critical manpower during a time of intense security challenges.

The Hadash political party together with senior Communist party officials had petitioned the High Court to enable such demonstrations to go head in the face of stiff police opposition to such events at present, including that of Police Commissioner Kobi Shabbtai.

In a unanimous decision, Justices Isaac Amit, Yael Wilner and Ruth Ronen point out in their ruling the unprecedented period of war the country is experiencing, facing Hamas in the south and Hezbollah in the north, and in which the home front has suffered massive rocket barrages and other attacks.

The justices accept the police argument that due to these security threats and the heavy burden of missions on the police at present, it could not dedicate the necessary manpower to protecting public order and ensuring the safety of protesters in a large political demonstration at present.

“Many policemen would need to be diverted for this purpose at the expense of emergency, life saving missions,” writes Amit in his opinion. He adds, however, that “the gates of protest, demonstration and processions are open also during times of war” and that the decision relates to the specific request made by the petitioners.

Amit writes therefore that the police must continue to evaluate every request for to hold a protest on its own merits and based on the prevailing circumstances.

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