Nakba Law: Difference between revisions

Nakba Law
Nakba Law
Knesset
Enacted	2011

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"Fundamentals of Finance – Amendment No. 40", sometimes referred to as the Nakba Law, is a 2011 Israeli law which received criticism for limiting freedom of speech pertaining to the founding of Israel and the Nakba. The law affects organizations which are funded, in whole or in part, by the government.^[1]

The law authorizes the Minister of Finance to withhold a limited amount of state funds from any government-funded^[1] institution or body that commemorates "Israel's Independence Day or the day on which the state was established as a day of mourning", or that denies the existence of Israel as a "Jewish and democratic state."

The amount of state funds withheld is related to the amount of money spent on the event, capped at three times the amount of money spent.^[1]

Background

The law was first proposed in 2008 by Alex Miller from the nationalistic party Yisrael Beiteinu,^[2] and preliminarily approved by the Ministerial Committee for Legislation on May 24, 2009.^[2] The proposal was rejected and sent to the Committee for Constitution, Law, and Justice for revision, where the proposed fine of ten times of the cost of the event was reduced to three times of the amount at the suggestion of David Rotem (Yisrael Beiteinu). ^[3]

Thirty-seven members of the Knesset voted in favor of the law, and twenty-five voted against at the third reading of the Law. 58 out of 120 MKs did not show up for the vote, including Prime Minister Benjamin Netanyahu.^[4]^[5]

Provisions

The law affects organizations which are funded, in whole or in part, by the Israeli government.^[1]

It declares that the Minister of Finance is authorized to withhold transfer of state funds, if the primary goal of the funds spent was to do one of the following:

Denying the existence of the State of Israel as a Jewish and Democratic State^[1]
Incitement of racism, violence, or terrorism^[1]
Supporting armed conflict or acts of terror, of an enemy state or a terror organization, against the State of Israel^[1]
Referring to the Israeli Independence Day or the founding day of the country as a day of mourning^[1]
An act of vandalism or physical debasement of the flag or symbols of the state^[1]

Effects

The decision of the law was criticised by the human rights organisation Human Rights Watch^[6] and the United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank William La Rue^[7] also by Israeli NGOs like the Israel Democracy Institute,^[8] as an infringement of freedom of expression.

In 2019, Tel Aviv University cancelled a lecture by the politician Ofer Cassif, citing the law as the reason. This was the first instance of an academic institution heeding this law.^[9]

Citations

^ ^a ^b ^c ^d ^e ^f ^g ^h ⁱ Book of Laws - ספר החוקים (PDF) (in Hebrew). Vol. 2286 כ"ד באדר ב' התשע"א, 30.3.2011. Israel: Knesset (published 30 March 2011). 2011. pp. 686–687. ISSN 0334-3030. Archived from the original (PDF) on 3 May 2023. This article incorporates a translation of text from this source, which is in the public domain.
^ ^a ^b Gutman & Tirosh 2021, p. 713.
^ Hartman, Ben (2011-03-15). "'Nakba law' passes vote in Knesset committee". The Jerusalem Post.
^ Gutman & Tirosh 2021, p. 714.
^ Stoil, Rebecca Anna (2011-03-23). "'Nakba Bill' passes Knesset in third reading".
^ Israel: New Laws Marginalize Palestinian Arab Citizens, Human Rights Watch, 2011-03-30
^ Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue: Addendum, Mission to Israel and the occupied Palestinian territory, UN Human Rights Council, 2012-06-11
^ Kremnitzer, Mordechai; Fuchs, Amir (2011-03-21). "The Nakba Bill: A Test of the Democratic Nature of the Jewish and Democratic State".
^ Kadari-Ovadia, Shira (May 16, 2019). "Israeli University Cancels Event Marking Nakba Day, Citing Violation of Law". Haaretz. Retrieved October 12, 2021.

Bibliography

Gutman, Yifat (2016). "Memory Laws: An Escalation in Minority Exclusion or a Testimony to the Limits of State Power?". Law & Society Review. 50 (3): 575–607. doi:10.1111/lasr.12221.
Gutman, Yifat; Tirosh, Noam (2021). "Balancing Atrocities and Forced Forgetting: Memory Laws as a Means of Social Control in Israel". Law & Social Inquiry. 46 (3). Cambridge University Press: 705–730. doi:10.1017/lsi.2020.35. S2CID 234091285. This article incorporates text from this source, which is available under the CC BY 4.0 license.
Kapshuk, Yoav; Strömbom, Lisa (2021). "Israeli Pre-Transitional Justice and the Nakba Law". Israel Law Review. 54 (3). Cambridge University Press: 305–323. doi:10.1017/S0021223721000157. This article incorporates text from this source, which is available under the CC BY 4.0 license.

[:0-1] ^ ^a ^b ^c ^d ^e ^f ^g ^h ⁱ Book of Laws - ספר החוקים (PDF) (in Hebrew). Vol. 2286 כ"ד באדר ב' התשע"א, 30.3.2011. Israel: Knesset (published 30 March 2011). 2011. pp. 686–687. ISSN 0334-3030. Archived from the original (PDF) on 3 May 2023. This article incorporates a translation of text from this source, which is in the public domain.

[FOOTNOTEGutmanTirosh2021713-2] Gutman & Tirosh 2021, p. 713.

[3] Hartman, Ben (2011-03-15). "'Nakba law' passes vote in Knesset committee". The Jerusalem Post.

[FOOTNOTEGutmanTirosh2021714-4] Gutman & Tirosh 2021, p. 714.

[5] Stoil, Rebecca Anna (2011-03-23). "'Nakba Bill' passes Knesset in third reading".

[6] Israel: New Laws Marginalize Palestinian Arab Citizens, Human Rights Watch, 2011-03-30

[7] Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue: Addendum, Mission to Israel and the occupied Palestinian territory, UN Human Rights Council, 2012-06-11

[8] Kremnitzer, Mordechai; Fuchs, Amir (2011-03-21). "The Nakba Bill: A Test of the Democratic Nature of the Jewish and Democratic State".

[9] Kadari-Ovadia, Shira (May 16, 2019). "Israeli University Cancels Event Marking Nakba Day, Citing Violation of Law". Haaretz. Retrieved October 12, 2021.

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@@ Line 1: / Line 1: @@
 {{Short description|2011 Israeli law}}
-{{Orphan|date=October 2021}}
 {{Infobox legislation
 | short_title    = Nakba Law
@@ Line 9: / Line 7: @@
 }}
-"'''Fundamentals of Finance - Amendment No. 40'''", sometimes referred to as the '''Nakba Law,''' is a 2011 [[Israeli law]] which has received criticism for limiting freedom of speech pertaining to the Nakba.
+"'''Fundamentals of Finance – Amendment No. 40'''", sometimes referred to as the '''Nakba Law,''' is a 2011 [[Israeli law]] which received criticism for limiting freedom of speech pertaining to the founding of Israel and the [[Nakba]]. The law affects organizations which are funded, in whole or in part, by the government.<ref name=":0" />
-The law authorizes the Minister of Finance to withhold a limited amount of state funds from any institution or body that commemorates “Israel’s Independence Day or the day on which the state was established as a day of mourning”, or that denies the existence of Israel as a “Jewish and democratic state.”
+The law authorizes the Minister of Finance to withhold a limited amount of state funds from any government-funded<ref name=":0" /> institution or body that commemorates "Israel's Independence Day or the day on which the state was established as a day of mourning", or that denies the existence of Israel as a "Jewish and democratic state."
-The amount of state funds withheld directly correlates to the amount of money spent on the event, capped at at most three times the amount of money spent<ref name=":0">{{Cite book |url=https://fs.knesset.gov.il/18/law/18_lsr_301085.pdf |title="Nakba Law" - חוק יסודות התקציב (תיקון מס' 40) תשע"א - 2011 |publisher=[[Knesset]] |year=2011 |location=Israel |language=heb}}</ref>
+The amount of state funds withheld is related to the amount of money spent on the event, capped at three times the amount of money spent.<ref name=":0">{{Cite book |url=https://fs.knesset.gov.il/18/law/18_lsr_301085.pdf |title=Book of Laws - ספר החוקים |archive-url=https://web.archive.org/web/20230503094502/https://fs.knesset.gov.il/18/law/18_lsr_301085.pdf |archive-date=3 May 2023 |publisher=[[Knesset]] |year=2011 |volume=2286 כ"ד באדר ב' התשע"א, 30.3.2011 |location=Israel |publication-date=30 March 2011 |pages=686–687 |language=he |issn=0334-3030}} [[File:PD-icon.svg|12px]] This article incorporates a translation of text from this source, which is in the [[public domain]].</ref>
 == Background ==
-The law was first proposed in 2008 by [[Alex Miller (politician)|Alex Miller]].{{Sfn|Gutman|Tirosh|2021|p=713}} The proposal was preliminarily approved by the Ministerial Committee for Legislation on May 24, 2009.{{Sfn|Gutman|Tirosh|2021|p=713}} The proposal was rejected and sent to the Committee for Constitution, Law, and Justice for revision.{{Sfn|Gutman|Tirosh|2021|p=713}}
+The law was first proposed in 2008 by [[Alex Miller (politician)|Alex Miller]] from the nationalistic party [[Yisrael Beiteinu]],{{Sfn|Gutman|Tirosh|2021|p=713}} and preliminarily approved by the Ministerial Committee for Legislation on May 24, 2009.{{Sfn|Gutman|Tirosh|2021|p=713}} The proposal was rejected and sent to the Committee for Constitution, Law, and Justice for revision, where the proposed fine of ten times of the cost of the event was reduced to three times of the amount at the suggestion of [[David Rotem]] (Yisrael Beiteinu). <ref>{{Cite news |title='Nakba law' passes vote in Knesset committee |last=Hartman |first=Ben |date=2011-03-15 |work=The Jerusalem Post |language=en}}</ref>
-Thirty-seven members of the [[Knesset]] voted in favor of the Nakba Law, and twenty-five voted against, but sixty out of 120 MKs did not show up for the vote, including [[Prime Minister of Israel|Prime Minister]] [[Benjamin Netanyahu]].{{Sfn|Gutman|Tirosh|2021|p=714}}
+Thirty-seven members of the [[Knesset]] voted in favor of the law, and twenty-five voted against at the third reading of the Law. 58 out of 120 MKs did not show up for the vote, including [[Prime Minister of Israel|Prime Minister]] [[Benjamin Netanyahu]].{{Sfn|Gutman|Tirosh|2021|p=714}}<ref>{{Cite news |title='Nakba Bill' passes Knesset in third reading |last=Stoil |first=Rebecca Anna |date=2011-03-23 |url=https://www.jpost.com/diplomacy-and-politics/nakba-bill-passes-knesset-in-third-reading-213396 |language=en}}</ref>
-== Provisions ==
+==Provisions==
-The law affects organizations which are funded, in whole or in part, by the government.<ref name=":0" />
+The law affects organizations which are funded, in whole or in part, by the [[Israel|Israeli]] government.<ref name=":0" />
 It declares that the Minister of Finance is authorized to withhold transfer of state funds, if the primary goal of the funds spent was to do one of the following:
-) Denying the existence of the State of Israel as a Jewish and Democratic State<ref name=":0" />
+# Denying the existence of the State of Israel as a Jewish and Democratic State<ref name=":0" />
+# Incitement of racism, violence, or terrorism<ref name=":0" />
+# Supporting armed conflict or acts of terror, of an enemy state or a terror organization, against the State of Israel<ref name=":0" />
+# Referring to the Israeli Independence Day or the founding day of the country as a day of mourning<ref name=":0" />
+# An act of vandalism or physical debasement of the flag or symbols of the state<ref name=":0" />
+== Effects ==
-) Incitement of racism, violence, or terrorism<ref name=":0" />
+The decision of the law was criticised by the human rights organisation [[Human Rights Watch]]<ref>{{Citation |title=Israel: New Laws Marginalize Palestinian Arab Citizens |date=2011-03-30 |work= |url=https://www.hrw.org/news/2011/03/30/israel-new-laws-marginalize-palestinian-arab-citizens |publisher=[[Human Rights Watch]]}}</ref> and the [[United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression]], [[Frank William La Rue]]<ref>{{Citation |title=Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue: Addendum, Mission to Israel and the occupied Palestinian territory |date=2012-06-11 |publisher=UN Human Rights Council}}</ref> also by Israeli NGOs like the [[Israel Democracy Institute]],<ref>{{Cite web |title=The Nakba Bill: A Test of the Democratic Nature of the Jewish and Democratic State |url=https://en.idi.org.il/articles/6894 |last=Kremnitzer |first=Mordechai |date=2011-03-21 |last2=Fuchs |first2=Amir}}</ref> as an infringement of freedom of expression.
-) Supporting armed conflict or acts of terror, of an enemy state or a terror organization, against the State of Israel<ref name=":0" />
-) Referring to the Israeli Independence Day or the founding day of the country as a day of mourning<ref name=":0" />
-) An act of vandalism or physical debasement of the flag or symbols of the state<ref name=":0" />
-== Effects ==
 In 2019, [[Tel Aviv University]] cancelled a lecture by the politician [[Ofer Cassif]], citing the law as the reason. This was the first instance of an academic institution heeding this law.<ref>{{Cite news|last=Kadari-Ovadia|first=Shira|date=May 16, 2019|title=Israeli University Cancels Event Marking Nakba Day, Citing Violation of Law|work=[[Haaretz]]|url=https://www.haaretz.com/israel-news/.premium-in-first-israeli-university-bans-political-event-citing-violation-of-nakba-law-1.7250174|url-access=registration|access-date=October 12, 2021}}</ref>
-== See also ==
-* [[Legality of Holocaust denial]]
-== References ==
 === Citations ===
@@ Line 47: / Line 38: @@
 === Bibliography ===
+* {{Cite journal |title=Memory Laws: An Escalation in Minority Exclusion or a Testimony to the Limits of State Power? |journal=Law & Society Review |last=Gutman |first=Yifat |url=https://www.cambridge.org/core/journals/law-and-society-review/article/memory-laws-an-escalation-in-minority-exclusion-or-a-testimony-to-the-limits-of-state-power/F95F67F90173890886E5CF5F40C93FB4 |volume=50 |issue=3 |pages=575 - 607 |year=2016 |language=en |doi=10.1111/lasr.12221 |doi-access=free}}
+* {{Cite journal|last1=Gutman|first1=Yifat|last2=Tirosh|first2=Noam|date=2021|title=Balancing Atrocities and Forced Forgetting: Memory Laws as a Means of Social Control in Israel|journal=[[Law & Social Inquiry]]|publisher=[[Cambridge University Press]]|volume=46|issue=3|pages=705–730|doi=10.1017/lsi.2020.35|doi-access=free|s2cid=234091285}} {{Creative Commons text attribution notice|cc=by4|from this source=yes}}
+* {{Cite journal|last1=Kapshuk|first1=Yoav|last2=Strömbom|first2=Lisa|date=2021|title=Israeli Pre-Transitional Justice and the Nakba Law|journal=[[Israel Law Review]]|volume=54 |issue=3 |publisher=[[Cambridge University Press]]|pages=305–323|doi=10.1017/S0021223721000157|doi-access=free}} {{Creative Commons text attribution notice|cc=by4|from this source=yes}}
-* {{Cite journal|last=Kapshuk|first=Yoav|last2=Strömbom|first2=Lisa|date=2021|title=Israeli Pre-Transitional Justice and the Nakba Law|journal=[[Israel Law Review]]|publisher=[[Cambridge University Press]]|pages=1–19|doi=10.1017/S0021223721000157|doi-access=free}} {{Creative Commons text attribution notice|cc=by4|from this source=yes}}
-* {{Cite journal|last=Gutman|first=Yifat|last2=Tirosh|first2=Noam|date=2021|title=Balancing Atrocities and Forced Forgetting: Memory Laws as a Means of Social Control in Israel|journal=[[Law & Social Inquiry]]|publisher=[[Cambridge University Press]]|volume=46|issue=3|pages=705–730|doi=10.1017/lsi.2020.35|doi-access=free|s2cid=234091285}} {{Creative Commons text attribution notice|cc=by4|from this source=yes}}
 [[Category:2011 in Israeli politics]]
@@ Line 55: / Line 47: @@
 [[Category:Israeli laws]]
 [[Category:Nakba]]
+[[Category:Israeli–Palestinian conflict legal issues]]
+[[Category:Historiography of the Israeli–Palestinian conflict]]
+[[Category:Censorship in Israel]]
+[[Category:2011 in law]]