‘Turning Israelis Into Settlers After Death’: Israel to Build Cemetery In Ecological ‘Hotspot’ in Palestine

Jessica Buxbaum August 5, 2022 Jessica Buxbaum Admin, Archives, West Asia
Wadi Araba dunes at sunset / credit: Anastasia Pozdnyakova / Wikipedia
Wadi Rabah dunes at sunset / credit: Anastasia Pozdnyakova / Wikipedia

WADI RABAH, Palestine—On August 11, the Israel Civil Administration (ICA) is expected to discuss construction of the Nahal Rabah cemetery in the occupied West Bank. Experts and activists claim the cemetery, which was approved without an environmental survey, will disrupt the region’s biodiversity in addition to harming Palestinian land.

Last week, activists from the Israeli climate justice movement, One Climate, barricaded themselves to the head office of Chevra Kadisha, the Tel Aviv burial society promoting the cemetery’s construction in Nahal Rabah (or Wadi Rabah in Arabic). Chevra Kadisha is working in conjunction with the Israeli settlements of Elkana, Oranit, and the Samaria Regional Council, the governmental body overseeing Israeli settlements in the West Bank, to build the burial site.

Led by an activist dressed as a gazelle—one of the main species at risk of losing their habitat in Wadi Rabah if development occurs—the One Climate group stormed the Chevra Kadisha office on July 26, demanding to meet with the company’s CEO, Rabbi Avraham Menela.

Israeli activists from Climate One attempted to block the head office of Chevra Kadisha, the Tel Aviv burial society promoting the cemetery’s construction in Nahal Rabah (or Wadi Rabah in Arabic) / credit: activists
Israeli activists from Climate One attempted to block the head office of Chevra Kadisha, the Tel Aviv burial society promoting the cemetery’s construction in Nahal Rabah (or Wadi Rabah in Arabic) / credit: activists

“We will not leave until the CEO will provide us with an explanation as to why they are promoting a plan that seems purely geared to make profit off of field-burial plots,” said One Climate activist Tamar, who declined to give her last name. “While field burials are being phased out inside Israel, this cemetery might turn Israelis into settlers after their deaths.”

During the demonstration, activists emphasized the cemetery’s construction is part of a political agenda to create Jewish territorial contiguity between the city of Rosh Ha’ayin—in proximity to Wadi Rabah inside Historic Palestine (or modern-day Israel)—and Israeli settlements in the West Bank. They said that would deepen the de-facto annexation of Area C, a region of the West Bank under full Israeli military control.

Chevra Kadisha, said the activists, is participating in the theft of Palestinian land in order to bury Jewish bodies—creating irreversible destruction in the name of Jewish supremacy.

One Climate was not able to meet with Menela on July 26, but Chevra Kadisha suggested activists call the firm to set up a meeting. One Climate contacted Chevra Kadisha to schedule a meeting, but the date hasn’t been established yet. Chevra Kadisha did not respond to Toward Freedom’s requests for comment on the cemetery’s construction as well as on the opposition.

Map of Wadi Rabah area in occupied Palestine, abutting the Mediterranean Sea / credit: Estelle Orelle / ResearchGate
Map of Wadi Rabah area in occupied Palestine, abutting the Mediterranean Sea / credit: Estelle Orelle / ResearchGate

A Sensitive Ecological Habitat Under Threat

Wadi Rabah is part of the central ecological corridor between the Jordan River and the Mediterranean Sea. It is considered a sensitive ecological habitat, filled with diverse animals and plants. It is also located on occupied Palestinian land, expropriated in the 1980s.

Mazin Qumsiyeh, a Palestinian scientist and director of the Palestine Museum of Natural History and the Palestine Institute for Biodiversity and Sustainability at Bethlehem University, explained the area is a Mediterranean hotspot of particular environmental concern because the region’s biodiversity has become rare and endangered due to a changing climate.

Qumsiyeh emphasized the area must be protected, given it is a passageway for millions of migratory birds.

Quarry Splits Palestine

The cemetery isn’t the only construction in development in Wadi Rabah. Israel’s Ministry of Defense is promoting a settlement industrial zone and the expansion of the Hanson Israel quarry, a subsidiary of German company HeidelbergCementAG. The ICA, which oversees all civilian matters in the West Bank and operates under the Defense Ministry, did not respond to press inquiries regarding these building proposals.

The existing quarry in Wadi Rabah was built on about 148 acres of Palestinian land, including private land belonging to al-Zawiya, a Palestinian village home to over 6,000 people in the West Bank. In February 2019, Israeli authorities seized an additional 24 acres of private Palestinian land belonging to the village of Rafat, which is now the site of the proposed quarry expansion. While located in Area C, the quarry was built on the Israeli side of the apartheid wall, the barrier dividing the West Bank and historic Palestine. The strategic placement of the quarry encloses it inside historic Palestine, cutting off al-Zawiya and Rafat residents from their agricultural lands.

Christoph Beumelburg, communication director at HeidelbergCementAG, told Toward Freedom that the quarry expansion is ongoing and nothing is finalized yet.

“We are confident that all regulations and processes are in coherence with applicable law within this license extension application process, including all environmental studies,” Beumelburg said.

‘Way to Control Land’

Yet, according to Moshe Perlmuter of the Society for Protection of Nature in Israel (SPNI), it isn’t possible to sustainably develop Wadi Rabah.

“You can’t build something that won’t cause damage in this place,” Perlmuter said. “If you build inside [Wadi Rabah], you make the natural area smaller and gazelles, especially, need a very wide area to live.”

For Qumsiyeh, the building plans in Wadi Rabah—especially the cemetery—are just another Israeli colonization attempt.

“These grave settlements are a way to control land and territory.”

Jessica Buxbaum is a Jerusalem-based freelance journalist reporting on Palestine and the Israeli occupation. You can follow her on Twitter at @jess_buxbaum.

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Israeli artillery firing into Gaza on May 18 / credit: IDF Spokesperson's Unit
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Can Israel Stop the World from Saying ‘Apartheid’? Concealing the Suffering in Palestine

Vijay Prashad February 3, 2022 Vijay Prashad Admin, Archives, West Asia
Israeli artillery firing into Gaza on May 18 / credit: IDF Spokesperson's Unit
Israeli artillery firing into Gaza on May 18 / credit: IDF Spokesperson’s Unit

Editor’s Note: This analysis was produced by Globetrotter. 

On January 27, 2022, the Hebrew-language news site Walla published part of the text from a telegram sent by Amir Weissbrod—who is part of the Israeli Foreign Ministry—to Israeli embassies around the world. The telegram warned the Israeli diplomats that in the upcoming 49th regular session of the United Nations Human Rights Council (UNHRC), which is expected to begin on February 28, a report will be tabled regarding Israel’s 2021 bombing of Gaza. This report will apparently use the word “apartheid” to refer to Israel’s occupation of the Palestinians, according to the telegram.

Weissbrod relayed Tel Aviv’s instructions regarding the report prepared by a UNHRC-appointed committee to the Israeli diplomats through this telegram: “The main goal [for Israel] is to delegitimize the committee, its members and products” and “To prevent or delay further decisions.”

After a four year investigation, on February 1, 2022, Amnesty International released a 280-page report with a sharp headline, “Israel’s Apartheid Against Palestinians.” Amnesty “concluded that Israel has perpetrated the international wrong of apartheid, as a human rights violation and a violation of public international law wherever it imposes this system. It has assessed that almost all of Israel’s civilian administration and military authorities, as well as governmental and quasigovernmental institutions, are involved in the enforcement of the system of apartheid against Palestinians across Israel and the OPT [Occupied Palestinian Territory] and against Palestinian refugees and their descendants outside the territory.” Amnesty further said that these acts “amount to the crime against humanity of apartheid under both the Apartheid Convention and the Rome Statute.” Israel’s Foreign Minister Yair Lapid retaliated by accusing Amnesty of quoting “lies shared by terrorist organizations.” As if on cue, Israel’s government accused Amnesty of anti-Semitism. The Amnesty report will provide key material for the UNHRC investigation.

One of the immediate issues that will be the focus of attention for the UNHRC session is Israel’s Operation Guardian of the Walls against the Palestinians in Gaza in May 2021. According to a July 2021 report by Human Rights Watch (HRW), which looked at three Israeli strikes that were part of the operation “that killed 62 Palestinians,” there were “no evident military targets in the vicinity.” In its report, HRW used the term “war crimes” to describe attacks by “Israeli forces and Palestinian armed groups.” When the firing stopped after 11 days, the UNHRC passed a resolution in late May 2021 to establish an “ongoing independent, international commission of inquiry” to investigate various crimes in the OPT, including East Jerusalem, and in Israel. Navi Pillay, the former UN high commissioner for human rights and a former South African judge, was appointed to chair the three-person commission, which also included Miloon Kothari, an Indian architect; and Chris Sidoti, an Australian human rights lawyer. The commission is expected to present its first report to the UNHRC in June.

The commission chaired by Pillay is the ninth commission established by the UNHRC to investigate Israeli actions against the Palestinians. It has a very broad mandate that includes to study violations of international humanitarian law, according to the “four Geneva Conventions of 1949,” which both Israel and Palestine are party to, and to continue to investigate these crimes into the future. It is widely expected that Pillay’s report will use the word “apartheid” to define Israeli policy in the OPT. This would not be the first time that a United Nations report has used this term to define Israeli actions against the Palestinians. In 2017, the UN Economic and Social Commission for Western Asia (ESCWA) released a report prepared by Richard Falk, “a former United Nations special rapporteur on the situation of human rights in the Palestinian territories occupied since 1967,” and Virginia Tilley, “a researcher and professor of political science at Southern Illinois University.” The report defined Israeli policy against the Palestinians as “apartheid” as understood under international law (in his 2014 report, Falk had already used the term “apartheid”). The release of that 2017 report led to the resignation of ESCWA head Rima Khalaf, a distinguished Jordanian diplomat, after she faced “pressure from the [UN] secretary-general to withdraw the report.”

Hasbara 2.0

In 2006, the Israeli government set up a Ministry of Strategic Affairs to essentially run two campaigns, one against Iran and the other against the Boycott, Divestment and Sanctions (BDS) movement. This hasbara (explaining or, more specifically, propaganda) ministry operated an information war that sought to delegitimize BDS activists and to paint anyone who supported the movement as an anti-Semite. Largely due to criticisms of its heavy-handedness, the Ministry of Strategic Affairs was shut down in July 2021 and some of its functions were shifted to the Ministry of Foreign Affairs. Amir Weissbrod’s telegram from the Ministry of Foreign Affairs is essentially Hasbara 2.0.

On January 23, 2022, the Israeli government set up a new project—Concert—inside the Foreign Ministry. This well-funded project will carry forward the mission of Solomon’s Sling—“a Public Benefit Corporation (PBC) but controlled by government representatives,”—to burnish Israel’s image around the world, particularly in the West. Concert will be the means through which the Israeli government plans to transfer millions of dollars to nongovernment organizations and media houses to ensure that the reporting about Israel is positive. “Delegitimization” of any critics of Israel is part of the agenda this project aims to achieve.

The telegram sent by Weissbrod is part and parcel of Hasbara 2.0. Weissbrod is an experienced hand, having served Israel at the United Nations in New York and as an ambassador in Jordan, besides working in various ministries in Tel Aviv. In 2011, he told Haaretz that the diplomats from most countries understand Israel’s position relating to the “Palestinian Authority” “behind closed doors” but they “are not willing to state publicly what they readily say in a private meeting with Israeli representatives, which is often infuriating.” What such duplicity reveals is that these foreign representatives, who agree with Israel “behind closed doors,” recognize that public opinion in their countries is against Israeli policy, but these representatives know that they must not annoy the Israelis or the U.S. diplomats, who would otherwise make life difficult for their countries. (A senior Indian diplomat told me plainly that India normalized relations with Israel in 1992 because the United States told New Delhi that the “road to Washington had to go through Tel Aviv.”)

Israel recognizes that few of the countries in the UNHRC will vote against the report that is expected to brand it as an “apartheid state.” It will try to do two things to prevent the report from coming out: delegitimize the commissioners, notably Pillay, and ask the United States to use its membership on the UNHRC to delay the release of the report.

War Crimes

In March 2021, Fatou Bensouda, the prosecutor of the International Criminal Court (ICC), confirmed that her office had opened an investigation relating to “Rome Statute crimes” by Israel against the Palestinians. There are effectively four Rome Statute crimes: crime of genocide, crimes against humanity, war crimes and the crime of aggression. Each of these crimes is horrendous.

What Israel fears is that a negative report in the UNHRC might provide evidence for the ICC investigation. On January 3, 2022, Israel’s Foreign Minister Yair Lapid told Israeli journalists that his government fears that this year a set of international institutions will try to portray Israel as an “apartheid state.” These institutions include the UNHRC, the ICC, the International Court of Justice, and the Committee on the Elimination of Racial Discrimination.

In the press conference, Lapid called the characterization of Israel as an apartheid state “a despicable lie.” Two years ago, in June 2020, however, one of Israel’s most respected human rights organizations—Yesh Din—published a report with a startling conclusion: “It is a difficult statement to make, but the conclusion of this opinion is that the crime against humanity of apartheid is being committed in the West Bank. The perpetrators are Israelis, and the victims are Palestinians.” Such statements are anathema to Lapid and Weissbrod, but—according to Israeli human rights groups (including B’Tselem) and Palestinian human rights groups (including Al-Haq and Addameer) as well as Amnesty International and Human Rights Watch—are a reflection of the facts witnessed on the ground, and no amount of Hasbara 2.0 can erase these facts.

Vijay Prashad is an Indian historian, editor and journalist. He is a writing fellow and chief correspondent at Globetrotter. He is the chief editor of LeftWord Books and the director of Tricontinental: Institute for Social Research. He is a senior non-resident fellow at Chongyang Institute for Financial Studies, Renmin University of China. He has written more than 20 books, including The Darker Nations and The Poorer Nations. His latest book is Washington Bullets, with an introduction by Evo Morales Ayma.
Israeli military personnel push a U.S. solidarity activist / credit: Emily Glick
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Displacement Looms for 1,000+ Palestinians After Israel’s Supreme Court Sides with Army

Jessica Buxbaum June 22, 2022 Jessica Buxbaum Admin, Archives, West Asia
Israeli military personnel push a U.S. solidarity activist / credit: Emily Glick
Israeli military personnel push a Jewish activist from the United States amid a Palestinian-led protest on June 10 against the seizure of the Masafer Yatta region in the West Bank / credit: Emily Glick

MASAFER YATTA, OCCUPIED WEST BANK—On Tuesday, the Israeli military started training in Masafer Yatta, a rural, arid enclave south of the occupied West Bank city of Hebron. This comes after more than two decades of Palestinians using legal avenues to try to stop the seizure of their land.

The military training has involved the army sticking shooting targets onto tractors, windows and barrels of hay.

They also have driven war tanks over cultivated fields.

Expected to last a whole month, this is the first such military training exercise in the Palestinian community in 20 years, and comes as Masafer Yatta is experiencing the largest mass expulsion of Palestinians since 1967.

Demonstrations—regularly met with violence from soldiers and Israeli settlers—have occurred almost weekly since Israel’s Supreme Court rejected a petition in May against the expulsion of more than 1,000 Palestinians.

For example, on June 10, the Israeli army attacked a Palestinian-led protest. Soldiers beat protesters, fired tear gas that burned demonstrators, threw stun grenades and detained Israeli solidarity activists. More than 200 Palestinians, Israelis, and Jews from both the United States and the United Kingdom protested as part of the “Save Masafer Yatta” campaign.

“Our protests show the racism in how the Israeli army treats us,” said Basil Adra, an activist from the village of Tuwani in Masafer Yatta. “Soldiers who claim that they are not allowed to stop settlers from committing violence against us are then very aggressive towards protesters.”

Israeli military personnel push activists protesting the seizure of the rural West Bank enclave of Masafer Yatta / credit: Emily Glick
Israeli military personnel push Palestinians and solidarity activists protesting on June 10 the seizure of the rural West Bank enclave of Masafer Yatta / credit: Emily Glick

The Culmination of a Decades-Long Legal Battle

In the 1980s, the Israeli army declared all 19 villages in Masafer Yatta as “Firing Zone 918,” a closed military training site. By 1999, the Israeli military rounded up more than 700 residents into trucks and expelled them off land they had cultivated for generations.

In response to the forcible transfer, the Association for Civil Rights in Israel (ACRI) in the year 2000 filed petitions with the Israeli Supreme Court on behalf of residents. The court then granted an interim injunction, permitting residents to temporarily return to their homes.

A 2012 state attorney decision allowed four villages—Tuba, Sirat ‘Awad Ibrahim, Sarura and Mufaqara—to remain based upon the Israeli Defense Ministry’s position that the land wasn’t needed for military training. Despite the decision, settler violence and land theft have plagued these villages.

From there, the high court continued hearings on various petitions for years. But last month, the court dismissed residents’ petitions. In its ruling, the court determined the Palestinian inhabitants—who live nomadically and depend on shepherding for their livelihoods—were not permanent residents when the military declared the area a firing zone.

The recent court opinion has given the army the green light to demolish eight villages and displace the Masafer Yatta residents once again.

The residents, along with ACRI, petitioned the Supreme Court on Sunday for an additional hearing and interim order to stop military training in Masafer Yatta.

“It is to be hoped that the high court will accept the request for additional hearing and reverse the ruling that war crimes can be committed under the court’s purview,” ACRI attorneys Dan Yakir and Roni Pelli said.

Israeli military personnel push solidarity activists / credit: Emily Glick
Israeli military personnel push solidarity activists on June 10 amid the Palestinian-led protest in the West Bank enclave of Masafer Yatta / credit: Emily Glick

From Quiet Grazing Lands to an ‘Army Base’

Since the court ruling, residents say Masafer Yatta feels like it has transformed into the equivalent of a military base. Temporary army checkpoints have been established at entrances of the area’s eight villages deemed the firing zone. Soldiers with assault rifles strapped to their chests patrol the area daily—delivering demolition orders, as well as carrying out arrests and nightly raids. Military jeeps packed with soldiers roam the rocky terrain.

The Israeli military has already started carrying out demolitions since the court ruling.

In May, 19 structures such as houses, tents, animal pens and water tanks were demolished. That left 45 people homeless in the villages of Al-Fakheit and Al-Mirkez. This month, the army bulldozed tents belonging to 21 residents of these villages, which they had set up after their homes were destroyed. On Thursday, all but three buildings in the village of Khalet a-Thab’a received demolition orders that can be enacted beginning Sunday.

Even areas of Masafer Yatta not part of the firing zone are at risk of being razed. The Israeli Civil Administration, which governs activities in the West Bank, issued on Thursday a demolition order for Palestinian activist group Youth of Sumud’s guest house and community center.

“This center, which we worked for years to complete, is a big step for the people of Masafer Yatta to organize and protect our lands. We use this place to host internationals, hold meetings and organize community gatherings,” Sami Huraini of Youth of Sumud told Toward Freedom. “This demolition order isn’t just about the Youth of Sumud—it is about crushing organizing efforts in solidarity with the vulnerable communities in the 918 firing zone.”

The center is located in Tuwani—the only village in Masafer Yatta with a zoning plan—meaning the law protects it from demolition. Sameeha Huraini, Sami’s sister who also is involved with Youth of Sumud, explained the Civil Administration gave the demolition order on the grounds the center is located outside of the zoning plan and on an archeological site—both claims are false, she said. The Israeli military and Coordinator of Government Activities in the Territories, which oversees the Civil Administration, did not respond to requests for comment by the time of publication.

A stun grenade burnt the pants and leg of an activist during a protest against the seizure of the Palestinian rural enclave of Masafer Yatta in the West Bank / credit: Emily Glick
A stun grenade burned the pants and leg of an activist during a June 10 Palestinian-led protest against the seizure of the rural enclave of Masafer Yatta in the West Bank / credit: Emily Glick

‘Our Rights Have Become Dreams’

Army-enforced eviction isn’t Masafer Yatta’s only struggle. Several illegal, Jewish-only settlements encircle the region.

“Israeli illegal outposts inside Masafer Yatta are connected to resources and are not under imminent eviction,” said Ali Awad, a Palestinian activist from the village of Tuba. “Settlers in these outposts commit violence against neighboring Palestinians and work in tandem with the Israeli military to steal our resources and expel us from our homes.”

While the Palestinian villages are not connected to the electrical grid and water system, the illegal settlements are. Without these hookups, Palestinians are forced to survive on NGO-donated solar panels and expensive water tanks, which settlers often destroy and soldiers confiscate.

Israeli military personnel on June 10 mingle with settlers from the colony of Mitzpeh Yair / credit: Emily Glick
Israeli military personnel mingle on June 10 with settlers from the colony of Mitzpeh Yair / credit: Emily Glick

Awdah Hathaleen, a Palestinian activist from the village of Umm al-Khair in Masafer Yatta, lamented what will happen to his community if the army is successful in dismantling the eight villages.

“After that, what will be [the army’s] next mission? The other villages [in Masafer Yatta], and, unfortunately, my village will be one of them. Because if they succeed in this, they will just keep going,” Hathaleen told Toward Freedom. “We are humans. Humans who deserve basic rights. But our rights have become dreams. And now we have to work to make those dreams become reality.”

Jessica Buxbaum is a Jerusalem-based freelance journalist reporting on Palestine and the Israeli occupation. You can follow her on Twitter at @jess_buxbaum.

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As Anti-BDS Bills Become the Norm, ACLU Takes Free Speech Fight to the Supreme Court

Jessica Buxbaum July 14, 2022 Jessica Buxbaum Admin, Americas, Archives
Feature photo and graphic by MintPress News
Feature photo and graphic by MintPress News

Editor’s Note: This article originally appeared in MintPress News.

LITTLE ROCK, Arkansas—In June, a federal appeals court upheld an Arkansas law barring state contractors from boycotting Israel, sparking concerns over First Amendment rights in the United States.The Eighth Circuit Court of Appeals reversed a decision made last year by a panel of three judges who found that mandating a pledge to not boycott Israel is unconstitutional.

However, the recent court ruling determined boycotts are not expressive conduct and instead related to commercial activity and therefore the state can regulate such actions.

“It only prohibits economic decisions that discriminate against Israel,” Judge Jonathan Kobes, who was appointed by former President Donald Trump, wrote in the court’s opinion. “Because those commercial decisions are invisible to observers unless explained, they are not inherently expressive and do not implicate the First Amendment.”

“By declaring Arkansas’ Anti-BDS Law to be constitutional, the court has tacitly endorsed a Palestine-exception to the First Amendment,” Council on American Islamic Relations (CAIR) National Litigation Director, Lena Masri, said in a statement.

In 2018, The Arkansas Times sued the state over its Israel boycott law after refusing to sign the pledge. Originally, Arkansas Times publisher Alan Leveritt lost in District Court but won when he appealed to the Eighth Circuit Court. The state then appealed to the full appeals court and was granted a rehearing.

The American Civil Liberties Union, which represented The Arkansas Times, confirmed it plans to appeal to the Supreme Court. Brian Hauss, the ACLU’s chief litigator on the case, said in a statement that the court’s decision “misreads Supreme Court precedent and departs from this nation’s longstanding traditions.” “It ignores the fact that this country was founded on a boycott of British goods and that boycotts have been a fundamental part of American political discourse ever since,” Hauss said.

Leveritt, who is not participating in a boycott of Israel, told MintPress News that, as a matter of free speech, he wouldn’t sign the pledge.

“No media protected by the First Amendment in this country should take a political position in return for advertising,” Leveritt said. “This is America. The government doesn’t dictate to us  what we say and do and think, so that’s why we’re fighting it.”

A clause in the law mandates contractors who do not sign the pledge must then reduce their fees by 20%, which Leveritt said has severely hurt the publication’s finances.

Israeli Government Influencing U.S. Laws

Bills targeting the Palestinian-led Boycott, Divestment and Sanctions movement have spiked in recent years, according to Palestine Legal, an organization protecting the rights of pro-Palestine activists.

As detailed in the documentary, “Boycott”, the Israeli Ministry of Strategic Affairs established the propaganda project, Concert, as a public benefit corporation in order to circumvent U.S. laws on foreign interference. Concert’s primary purpose is to quell growing support for the BDS movement worldwide.

Through Concert, Israel has been able to funnel millions of dollars to organizations that would then lobby for these anti-BDS bills. Christians United for Israel — one of the main advocates for pro-Israel legislation — received $1.3 million from the Israeli government. Other groups include Eagle’s Wings, Hasbara Fellowships, America-Israel Friendship League, and the Israel Allies Foundation.

How the Supreme Court May Rule

If the Arkansas case does reach the Supreme Court, opponents of anti-BDS legislation like CAIR are optimistic the recent appeals court decision will be overturned.

“We realized the Supreme Court is not always a friend of civil rights, but the Eighth Circuit is very conservative, far more conservative than the Supreme Court even,” Justin Sadowsky, trial attorney with CAIR, said. “We’re very hopeful that the Supreme Court, which has often been champions of the First Amendment, will take a more nuanced look at it.”

CAIR’s deputy executive director, Edward Ahmed Mitchell, agreed with this sentiment. He noted that most of the Supreme Court justices take an originalist approach when interpreting the law, meaning they consider the original text of the constitution and apply it to modern scenarios.

“If they really look at what the constitution says — the plain meaning of it — and then also the history of it as originalists tend to do, then they have to rule that these laws are an unconstitutional violation of the free speech of the American people,” Mitchell told MintPress News.

Yet Alison Weir, founder and executive director of the independent research institute, If Americans Knew, outlined the Supreme Court’s pro-Israel influences – something that could lead to a less favorable ruling.

Weir explained in a recent article how the Supreme Court has a history of handing down decisions related to Israel that have changed longstanding U.S. traditions.

These included a 1967 ruling which sided with an Israeli citizen and overturned a ban on dual citizenship and a decision in 1998 that handed the Israel lobby’s flagship organization, the American Israel Public Affairs Committee, a victory over allegations the group violated federal election laws.

These decisions can be attributed to Israel partisans on the court like former Justices Abe Fortas and Stephen Breyer. Today, the court is still packed with Israel loyalists. Kentanji Brown Jackson, Amy Coney Barrett, and Brett Kavanaugh all have pro-Israel influences hidden in their education and career beginnings. Weir surmised Justice Elena Kagan may also pose a potential problem, given her love for Israel and her admiration for the country’s former Supreme Court president, Aharon Barak.

Setting a ‘Dangerous Precedent’

Other versions of the boycott law have passed in 33 states since 2016. Several U.S. residents have challenged these laws in recent years — in Texas, Georgia, Arizona, and Kansas — suing their states for violating their First Amendment rights and winning. But Arkansas is an outlier. Leveritt fears that if he loses in the Supreme Court, this could overturn favorable rulings in lower courts as well.

But it is not just Israel boycotts that are under threat. Boycotts, in general, appear to be at risk in the U.S. “In upholding Arkansas’ anti-BDS law, the court refused to confront the reality that these laws are part of an effort to shield Israel from accountability,” Palestine Legal said in a statement. “Given the proliferation of anti-boycott laws targeting other social justice movements, this decision sets a dangerous precedent for anyone interested in seeking social, political, or economic change.”

The American Legislative Exchange Council (ALEC), which has been instrumental in passing anti-BDS laws across the country, is now targeting financial firms for divesting from the fossil fuel industry.

The group works with corporate lobbyists and Republican state legislators to author legislation. In 2021, ALEC drafted the Energy Discrimination Elimination Act, requiring companies of 10 or more full-time employees to provide written verification it doesn’t boycott fossil fuel businesses before entering into a government contract. So far, Oklahoma, North Dakota, and Texas have signed similar legislation into law. Texas has also passed legislation prohibiting contracts with companies that boycott the firearms industry. ALEC is funded primarily by Koch Industries and a host of other energy and utility companies.

Other states are also using the anti-boycott model to target politically-charged industries. Alaska, Arizona, Idaho, Indiana, Kansas, Kentucky, Louisiana, Minnesota, Missouri, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Utah, West Virginia and Wisconsin all have drafted anti-BDS legislation.

Julia Bacha, director of the documentary “Boycott”, described the rapid trajectory of anti-BDS legislation in the U.S. in a Twitter thread following the Eighth Circuit Court ruling. “When we started production, the risk that the anti-BDS bill would be used as a template was still theoretical. By the time we locked-picture, it was a reality,” she wrote.

But she also cautions U.S. residents to not solely pin the blame on Republicans over anti-BDS bills becoming the norm, writing:

Beware of press coverage that points the finger at Republicans for stripping away our rights without recognizing that Democrats were complicit in opening the pandora’s box when they overwhelmingly supported anti-BDS bills. There’s no First Amendment Exception to Palestine and this is as good [sic] time as any for the Democratic Party to learn this lesson, before irreparable damage to our rights in America is done.”

Thus, if certain pro-Israel and pro-fossil fuel advocates get their way, a fundamental right to protest will be removed from U.S. residents.

Jessica Buxbaum is a Jerusalem-based journalist for MintPress News covering Palestine, Israel, and Syria. Her work has been featured in Middle East Eye, The New Arab and Gulf News.