Zero indictments for incitement against Arabs filed despite widespread online hate

Social media has been rife with calls for anti-Arab violence, population transfers, racist stereotypes; meanwhile, dozens of Arabs indicted for incitement based on social media

By Jeremy Sharon 6 November 2023, 7:09 am Edit

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

A slogan reading 'Jews wake up. Arabs out' is grafittied on a wall in the West Bank town of Marda, August 24, 2022. (Courtesy)
A slogan reading 'Jews wake up. Arabs out' is grafittied on a wall in the West Bank town of Marda, August 24, 2022. (Courtesy)

The State Attorney’s Office has yet to indict any citizen for incitement to violence or racism against either Arabs or those deemed “leftists” since Hamas’s October 7 atrocities, despite inflammatory rhetoric on social media over the past month.

At the same time, the State Attorney’s Office has filed dozens of indictments against Arab citizens for incitement to terrorism in the same time period, based almost exclusively on inflammatory social media posts.

The State Attorney’s Office said, however, that it has filed eight indictments against Jewish citizens for acts of racially motivated violence against Arabs since October 7, and that it has approved some investigations into Jewish citizens suspected of incitement to violence, but that the police have yet to complete those proceedings.

In the days following the October 7 massacres, in which some 1,400 Israelis, mostly civilians, were butchered by Hamas terrorists, the State Attorney’s Office issued a blanket permit to the police to open investigations into possible incidents of incitement to, and praise for, terrorism by Israeli citizens and residents of east Jerusalem.

The police are permitted to open investigations even on the basis of a lone incident, as long as it is deemed a severe violation of the prohibition against incitement or praise of terrorism, and relates to the October 7 attack and the current war.

As of November 2, the police have investigated hundreds of cases of incitement and the State Attorney’s Office has filed 46 indictments for inciting terrorism, identifying with terrorist organizations, or praising and encouraging terrorism, based almost exclusively on social media posts.

An X user writes on October 30, ‘Kahane was right, Feiglin was right, Ben Gvir is right,’ in reference to far-right political leaders’ proposed policies against Palestinians and Israeli Arabs alongside a logo of the banned racist Kach party founded by the late far-right leader Rabbi Meir Kahane..(Screenshot X, used in accordance with Clause 27a of the Copyright Law)

These offenses can be prosecuted under the 2016 Struggle against Terrorism Law, which stipulates a maximum three-year prison sentence for identifying with a terror organization, and maximum five-year sentences for praising, applauding, encouraging, or directly calling for acts of terrorism.

In parallel, however, Hebrew social media since October 7 has been rife with incitement against Arab Israelis and so-called “leftists,” a term used to describe, among others, political opponents of the current government and activists of the anti-judicial overhaul movement which sprung up in response to the coalition’s efforts to reduce the powers of the judiciary.

In response to a post on X (formerly Twitter) about the dangers of an IDF ground operation in Gaza and what might follow, an account by the name of Assaf Itzhak wrote on October 28 “Transfer. And afterwards transfer of Arab Israelis who don’t swear loyalty to the flag, and serve the country.”

On October 7, in response to a post by judicial overhaul leader Shikma Bressler saying her heart was with the victims of the the Hamas massacres, an X account by the name of Shai Haver wrote “[We] need to put you and all the traitors in front of a firing squad. You are Satan’s wife, may your name be erased, lover of Arabs, supporter of axes and martyrs.”

In response to a post on X by Ynet journalist Moran Azoulay, an account by the name of YOSS wrote on October 28: “You are traitors to the nation, the government is fighting Hamas and you are trying to topple Netanyahu. What’s new. Traitors deserve a firing squad.”

On October 19, in response to an article about an Arab woman who was indicted for incitement to terror, an X account entitled “Everything honest and fair” wrote “We need to do a petition not to employ Arab-Nazis. There is no trust in any Arab.” The account added “I can’t believe I am writing this but Kahana was right,” in reference to Rabbi Meir Kahane whose racist Kach party advocated for population transfer for Arab Israelis and racial discrimination laws against Israel’s Arab minority.

Publishing calls for incitement to violence or racism is a criminal offense under Israel’s penal code, and anyone doing so is subject to imprisonment for up to five years.

In response to a query by The Times of Israel, the spokesperson’s department of the Justice Ministry said that “the State Attorney’s Office has authorized the Israel Police to open a number of investigations for crimes of incitement against Jewish suspects, but they have not been passed to the State Attorney’s Office for a decision.”

The Justice Ministry said that once they are passed back to the State Attorney’s Office, and should there be evidentiary proof of incitement to violence or racism, the State Attorney’s Office will file indictments regardless of the identity of the accused.”

The ministry also pointed out that it has indicted two residents of Ra’anana for throwing stones and other objects at vehicles belonging to Arab citizens in the east Jerusalem neighborhood of Beit Hanina; and two indictments against an adult and a minor for attempting to attack an Arab worker at a Jerusalem hotel, and causing damage to the premises by throwing bottles and other objects at the reception desk.

“The State Attorney’s Office will not accept actions in which people take the law into their own hands and harm citizens on the basis of racial motivations. All decisions taken by the State Attorney’s Office are made on the basis of professional considerations alone,” it said.

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