Israeli Supreme Court Orders Knesset to Explain Decision Revoking Parliamentary Privileges of MK Haneen Zoabi

(Haifa, Israel) Yesterday, 26 April 2011, the Supreme Court of Israel ordered Israel's parliament, the Knesset, to explain its decision to revoke certain parliamentary privileges of Member of Knesset (MK) Haneen Zoabi of the National Democratic Assembly-Balad political party within 30 days. This "order to show cause" was issued in response to a petition submitted to the Supreme Court against the Knesset by MK Zoabi, Adalah and the Association for Civil Rights in Israel (ACRI) in November 2010 and following an initial court hearing held on the case last month in March 2011. Adalah's General Director Attorney Hassan Jabareen and ACRI's Chief Legal Advisor Dan Yakir represent MK Zoabi.

The petitioners argued that, "The purpose behind parliamentary immunity is to protect the right of all legislators to engage in political activity, especially those who represent the minority." The Knesset exceeded it authority by making this decision and therefore violated the Law of Immunity, which protects the rights of parliamentarians to conduct political activities, contended the petitioners.

The Knesset decided to revoke three parliamentary privileges of MK Zoabi because of her participation in the Gaza Freedom Flotilla, which was attacked by Israeli naval commandos on 31 May 2010, resulting in the killing of nine activists and injury of scores of others. MK Zoabi's participation on the Flotilla clearly constitutes political activity, which falls within the scope of her role as an MK and her parliamentary immunity.

The revocation of MK Zoabi's parliamentary privileges is a dangerous precedent, which essentially allows the majority's representatives to "punish" representatives of the minority. This act is contrary to the basic purpose of immunity, which protects all parliamentarians equally. This precedent would also empty the content of free political expression by the political representatives of the Palestinian Arab minority in Israel.

Case Citation: HCJ 8148/10, Zoabi v. The Knesset (case pending)

For more information, see: http://www.adalah.org/eng/pressreleases/pr.php?file=28_03_11