The Israeli High Court of Justice dismissed on Sunday a petition filed by the Association for Civil Rights in Israel (ACRI) against the police’s confiscation of anti-war signs held by demonstrators at anti-war protests.
The petition was filed on April 11 following a series of protests calling for a ceasefire held across Israel, where Israeli police “systematically prevented” protesters from carrying signs with anti-war slogans, including signs accusing the State of Israel of killing civilians, committing war crimes and crimes against humanity in Gaza. The petition alleges that the police confiscated the signs and tore them apart, arguing that the messages conveyed could give rise to a potential outbreak of violence and threat to public safety.
The ACRI argues that waving signs with anti-war references and statements “does not constitute a criminal offense of supporting the enemy in time of war, identification with a terrorist organization … and the fear that such messages will offend public sentiment is not enough to limit them.”
During the court proceeding, the police responded to the petition by acknowledging that no guidelines were in place to prohibit the carrying of signs with anti-war inscriptions. The police also promised to “instill and refresh” guidelines to the respective police officers accordingly. On May 28, the legal advisor of the police issued a directive, making clear that “in accordance with the provisions of the law, the Israel Police does not have guidelines prohibiting protesters from expressing one political position or another, whether by carrying signs or reading slogans,” and that the civil right groups’ concerns were “at heart with the police.”
Despite the measures taken, the ACRI alleges that the situation did not improve at the protests held subsequently in Haifa, Tel Aviv, Jerusalem and Caesarea, where police were observed to have confiscated and destroyed signs, assaulted demonstrators and made violent arrests. The ACRI therefore requested the directive to be explicitly anchored in police procedures and published; unambiguous guidelines to be made that clearly permit demonstrations against the war, the carrying of signs and anti-war slogans and the display of flags; and that disciplinary measures be taken against police officers who violate these guidelines, as well as that violence against protesters and arbitrary arrests be subject to criminal prosecution.
The High Court of Justice rendered its decision on Sunday, holding that the primary guidelines provided by the police have made clear that there is no prohibition on expressing political views, and that the police do not have the authority to prevent the display of signs based on their content, even if they are provocative or critical. Accordingly, the court dismissed the petition and ruled that any violations of police officers should be reported to the Police Internal Unit (PIU).
