Post-October 7: Israel’s assault on Palestinians through lawfare

The attack on 7 October in 2023 became the very excuse Israel has been seeking to ramp up its repression in Palestine. 

Lawfare — the strategic misuse of the law — through the introduction of a raft of legal measures has been used. These measures reinforce apartheid and punish Palestinians. 

The Palestinian-run legal centre, Adalah, has published a new report. It details the significant escalation of existing policies, which reinforce the discriminatory system Palestinians have lived under for decades.

Legal crackdown under the guise of a “national emergency”

‘Israel’ has weaponed the concept of a ‘national emergency’ to extend its control over the West Bank and Gaza. This time around, the occupation’s military has been granted increased powers. They can impose curfews, close roads, and block access to essential services such as healthcare and education in Palestinian territories.

The occupation has widened its use of military tribunals to try Palestinian civilians in military courts. The outcome has been higher conviction rates in the absence of fair trials.

Since 7 October, it has become easier for Israel to revoke residency rights of Palestinians in East Jerusalem. Previously, the Israeli occupation would have to prove that Palestinians were engaged in  “hostile activities” for this to happen.

This means that Palestinians can be expelled from East Jerusalem and lose their residency. This can occur without sufficient legal proceedings, including family reunification applications. These measures disproportionately impact Palestinian families who are Jerusalemite natives. By replacing Palestinians with European settlers, Israel is once again actively engaging in ethnic cleansing — in plain sight.

The new residency revocation rules also target Palestinians accused in the absence of evidence of supporting “terrorism”. Lest we forget, terrorism, under Israel’s vague and politically motivated grounds, could refer to a child participating in protests. It could also refer to a woman raising a Palestinian flag. This opens the door to the arbitrary arrest and discriminatory treatment of Palestinians. They are targeted just for expressing dissent and nonviolent political activism.

The surge in land grabs and illegal settlements

In its report, Adalah also points at the rapid expansion of illegal ‘Israeli’ settlements in the West Bank. The occupation has introduced new laws that provide legal cover for the construction settlements prohibited under international law.

New settlements have mushroomed in Palestinian lands. These were previously designated as military zones or nature reserves by the occupational army.

The Israeli occupation since October 7 has also moved to legalise unauthorised settler outposts, approving settlements on land Palestinians had used for centuries for agriculture or housing. The purpose here is to strengthen ‘Israeli’ control over the occupied West Bank, the Jordan Valley, and areas surrounding Jerusalem.

Adalah’s report also discusses the ways new laws prevent aid from entering Gaza. The Israeli regime has tightened its siege on the Gaza Strip, restricting access to essential goods, including medical supplies and humanitarian aid. Palestinians in Gaza, who are already enduring severe restrictions under the blockade, face even tighter conditions as a result against the backdrop of famine and displacement.

Criminalising political expression

The new laws also criminalise political expression sympathetic to the Palestinian resistance. Those speaking out in support of Palestinians, or who criticise Israeli occupation policies are increasingly facing arrests and prosecution. This includes activists, political leaders and journalists.

These laws also target organisations expressing solidarity with Gaza or the West Bank.

Moreover, the “only democracy in the Middle East” has prohibited Palestinian political leaders from contesting elections. Altogether, these laws are designed with the intent to suppress Palestinian political movements and prevent organised resistance to occupational policies.

Another significant change since October 7 is the tightening of laws around family reunification and citizenship. Previously, Palestinians in the West Bank, Gaza, and East Jerusalem could apply for Israeli citizenship or family reunification. New restrictions place severe restrictions on Palestinians seeking to bring family members from Gaza or the West Bank into Israel.

New bureaucratic obstacles have emerged for Palestinians living in ‘Israel’ married to Palestinians from other regions. While the process of family reunification has been delayed or outright denied for many families.

These laws are designed to prevent Palestinians from establishing familial ties that cross Israeli borders. This further isolates families and restricts their movement.

Legal discrimination intensified

The Law of Return, which grants automatic citizenship to Jews from around the world, has been strengthened. Meanwhile, Palestinians and their descendants displaced during the 1948 Nakba are deprived of their legal right to return.

This inequality is enshrined in Israeli laws, and promoted by the mentality of occupation. The laws of Israeli Apartheid amplify the systemic discrimination Palestinians must endure. This is based on their nationality and citizenship.

In other words, it ensures that Palestinians remain second class citizens in their own land.

Adalah also underlines the international legal implications of these new laws. They violate international human rights law and the Fourth Geneva Convention.

These new laws and policies deepen the existing system of inequality against Palestinians. They also expose the occupation’s efforts to control, oppress and marginalise Palestinians, both inside ‘Israel’ and in the occupied territories. Adalah’s report calls for urgent international intervention to challenge these discriminatory laws, protect Palestinian rights, and ensure accountability for violations of international law.

These new laws amount to a calculated assault on Palestinians where Apartheid tactics have become the new status-quo in the context of an illegal occupation.

Featured image via War on Want