National Security Minister Orders Police to Remove Palestinian Flags from Public Spaces

On 8 January 2023, the National Security Minister and the leader of the ‘Jewish Power’ party (‘Otzma Yehudit’), Itamar Ben-Gvir, issued a directive ordering the police commissioner to “enforce the ban” on waving of the Palestinian flag in public spaces, as reported by several media outlet and according to a post on the Minister’s official Twitter account.

In response, on 9 January 2023, Adalah - The Legal Center for Arab Minority Rights in Israel, sent an urgent letter to the Minister, the Ministry’s legal advisor, and the Israeli Deputy Attorney General, demanding that they direct law enforcement authorities that the waving of the Palestinian flag, in itself, is not illegal under Israeli law. 

CLICK HERE to read Adalah’s letter [Hebrew]

Media reports also noted that Ben-Gvir described the Palestinian flag as a symbol of support of “terrorism”. In the letter, Adalah Attorney Salam Irsheid, argued that this description indicates that Ben-Gvir’s directive illegally bans the waving of the Palestinian flag, in a sweeping manner and under all circumstances.  

For more on the legality of waving the Palestinian flag under Israeli law, see  Adalah’ Q & A on the Legality of Waving the Palestinian Flag 

Adalah further argued that the waving of the Palestinian flag is not prohibited under Israeli law. Article 82 of the Police Ordinance (1971) grants the police the authority to confiscate a flag only if it results in “disruption of public order or breach of peace”, but does not grant the authority to impose a sweeping ban on waving the Palestinian flag. The directive is also contrary to previous Supreme Court decisions and the Deputy Attorney General's legal opinions through the years. 

Adalah sent a follow-up letter on 15 January 2023. Adalah has not received a response detailing the Ministry’s position concerning Adalah’s argument.