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From the United States to Europe, criticizing Israel is becoming a crime

By Kit KLARENBERG | MintPress News | April 29, 2025

Across the United States and much of the West, criticism of Israel and solidarity with Palestine are increasingly being criminalized—a project long championed by Israel’s government and its powerful lobbying networks.

In February 2020, Israeli leader and internationally wanted war criminal Benjamin Netanyahu proudly declared that Tel Aviv had “promoted laws in most U.S. states” to punish those who boycott Israel, offering a rare glimpse into the foreign forces eroding free speech in the American heartland.

Since then, anti-boycott laws have quietly spread to dozens of states, forcing public institutions, businesses, and even individual contractors to pledge loyalty to Israel—or risk losing jobs, contracts, and funding. What began as a niche effort to shield Tel Aviv from grassroots criticism has rapidly escalated into a sweeping assault on free speech across the Western world.

The overwhelming majority of states now boast laws making it illegal for local entities, including hospitals and schools, to work with individuals or companies that boycott Israel. For example, in 2016, Indiana’s Senate unanimously passed a law calling for mandatory divestment by state agencies, commercial enterprises, and nonprofit organizations—including universities—from any firm involved in “the promotion of activities to boycott, divest from, or sanction Israel.”

The legislation branded boycotts against Israel as “antithetical and deeply damaging to the cause of peace, justice, equality, democracy and human rights for all people in the Middle East.”

Several states have adopted comparable laws via governors signing administrative and executive orders. In some cases, state contractors—be they individuals or organizations—are legally obligated to demonstrate their anti-BDS credentials by signing contractual affirmations of non-support for BDS, which critics argue is essentially a loyalty oath to Israel.

State employees, including teachers, have lost their jobs for refusing to do so. In May 2021, a federal judge ruled such legislation in Georgia to be “unconstitutional compelled speech.” Undeterred, Georgia Governor Brian Kemp reintroduced the requirement just months later with slight amendments.

Israel’s extraordinary and ever-growing influence over domestic U.S. laws in recent years, and the devastating consequences for Palestinian solidarity at home and abroad, have passed without much critical mainstream acknowledgement, let alone censure.

Since October 7, the push to criminalize pro-Palestinian sentiment Stateside and the media’s mass omertà (code of silence) on this disturbing crusade have both intensified significantly. However, such disquieting developments aren’t restricted to the U.S., but eagerly embraced by an ever-growing number of countries intimately complicit in the Gaza genocide.

‘Drastic Rise’

In a grave testament to the speed with which U.S.-based pro-Israel organizations, including several prominent Jewish advocacy groups, sought to capitalize on October 7 for their own purposes, two-and-a-half weeks after Palestinian fighters breached Gaza’s infamous apartheid walls, Republican lawmaker Mike Lawler proposed H.R. 6090, also known as the Antisemitism Awareness Act.

Lawler is a major recipient of Israeli lobby funds, with the influential lobbying group AIPAC gifting him $392,669 in 2023 and 2024 alone, his largest donor by some margin. His bill would require the Department of Education to consider the highly controversial International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism (which critics argue conflates criticism of Israel with antisemitism) when determining if cases of harassment are motivated by antisemitism, raising concerns that it would violate the intent of Title VI of the Civil Rights Act of 1964.

This, its proponents argue, “prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance,” including colleges and universities. H.R. 6090 is openly supported by nearly all influential pro-Israel organizations, including the ADL.

The IHRA definition has been condemned by many, including attorney Kenneth Stern, who helped draft it, for falsely conflating legitimate criticism of Israel with antisemitism. The ACLU warns that H.R. 6090 raises the clear risk that U.S. educational facilities will “restrict student and faculty speech critical of the Israeli government and its military operations,” for fear of “losing federal funding.”

Longstanding U.S. law already prohibits antisemitic discrimination and harassment by federally funded entities, making the proposed legislation completely unnecessary.

Despite the obvious and dire threats to fundamental freedoms posed by the bill, and even harsh criticisms from major Jewish groups (such as J Street and Jewish Voice for Peace), it received barely any mention by major news outlets. Still, Congress supported it by an overwhelming majority, voting 320 to 91 in its favor.

Senators nonetheless failed to consider the legislation, prompting Congressman Josh Gottheimer, who received $797,189 from AIPAC in 2023 and 2024, to reintroduce the bill in February. In the meantime, U.S. lawmakers again took a deeply worrying step in Israel’s clear favor.

On November 28, 2023, Congressman David Kustoff—another AIPAC beneficiary—introduced a House Resolution “strongly condemning and denouncing the drastic rise of antisemitism” in the U.S. and “around the world” following October 7. Citing the IHRA’s antisemitism definition, it declared that popular Palestine solidarity chants—protected by the First Amendment—“From the River to the Sea,” “Palestine Will Be Free,” and “Gaza Will Win” to be genocidal, and claimed that a candlelit vigil at the Democratic National Committee that month had endangered lives.

It concluded by calling on Congress to “clearly and firmly [state] that anti-Zionism is antisemitism,” which they did inordinately. In all, 311 lawmakers voted for the Resolution, with just 14 against.

Niko House, a media personality and activist specializing in civil rights and anti-imperialist issues, believes that these efforts are desperate attempts to justify legal measures that threaten civil liberties and would be unthinkable if any other country were in the crosshairs—including the U.S. itself.

“If enacted, these laws will give authorities broad license to persecute anyone and everyone who calls attention to the unprecedented levels of discrimination Palestinians experience today, and have done for over 75 years,” House tells MintPress. He reserves particular contempt for H.R. 6090:

“As a Black man, I find it deeply insulting [that] Congress would exploit the Civil Rights Act to silence, if not criminalize, pro-Palestine sentiment. Whether it be segregation, freedom to attend whatever educational institution or pursue whatever career you choose, or equal and indiscriminate access to facilities and basic sustenance like food and water, Palestinians have been suffering from the very forms of discrimination the Act was created to protect against ever since Israel’s creation. And the Gaza genocide has made all of this even worse.”

‘Targeting Critics’

Such brazen pro-Israeli lawfare is a longstanding tradition in modern American politics. In 1977, two amendments to the Export Administration Act and the U.S. Tax Code were passed. In theory, they prohibited U.S. citizens and companies from complying with foreign boycotts against any country considered “friendly” to Washington. In reality, it was specifically intended to counteract the long-running embargo of Israel by the Arab League. Most U.S. allies adopted the prohibition, in some cases ironically damaging their relations with Israel.

Then in 1987, Ronald Reagan designated the Palestine Liberation Organization (PLO)—at the time recognized almost universally as the Palestinian people’s legitimate representatives—a terrorist entity, but enacted a waiver the next year permitting “contact” between White House officials and the group.

This fudge meant the Organization was forced to shut down its D.C. office and cease most of its formal international diplomatic and fundraising initiatives, but allowed U.S. authorities to continue to engage with its leadership without legal repercussions.

There are sinister historical echoes, too, in yet another post-October 7 Congressional move in the U.S. On December 12, 2023, Mariannette Miller-Meeks, a fervently pro-Israel lawmaker who has received vast sums from the Israeli lobby while cosponsoring and voting in favor of multiple pro-Israel measures that critics argue suppress Palestinian rights and run afoul of the First Amendment, proposed H.R. 6578. It calls for the creation of an official “Commission to Study Acts of Antisemitism” in the U.S.

The legislation’s clauses exclusively refer to “antisemitism” in the context of criticism of Israel’s actions in Gaza after October 7. Its accompanying press release clearly shows that Palestine solidarity activists are its intended targets, particularly college and university students. Under its auspices, a formal Congressional investigation into opposition to Israel among U.S. citizens and organizations would be instigated, and any witness subpoenaed to give evidence would be barred from invoking their constitutional right to remain silent under questioning.

Lara Friedman, Middle East Forum for Peace President, slammed the proposal as a malign attempt to construct a modern equivalent to the infamous House Un-American Activities Committee (which investigated suspected supporters of communism during the Cold War). Established by Senator Joe McCarthy in 1938, the Committee probed the political leanings of private citizens, state employees, and public and government organizations. In the process, countless careers and lives were destroyed. Friedman charges H. R. 6578 will, by design, do the same—“but this time targeting critics of Israel.”

‘Disruptive Policies’

It would be wrongheaded to view this wave of repressive laws as unique or isolated to the U.S., or exclusively a product of the Gaza genocide. In the wake of October 7, authorities in Germany, which quietly supported Israel’s illicit nuclear weapons program for years, unleashed an unprecedented crackdown against Palestine solidarity activists and groups. The repression came in the form of brutal assaults on protest attendees of all ages and genders, city and state courts convicting people for leading pro-Palestinian chants, and restrictions on speaking foreign languages at public demonstrations.

German city and state governments have banned or are considering banning displays of red triangles (a symbol adopted by some Palestinian resistance fighters). As of June 2024, applicants for German citizenship are now tested on their knowledge of Judaism and Jewish life. They must declare their belief in Israel’s right to exist to prove their commitment to “German values.” Legal experts and rights advocates have widely questioned the constitutionality of requiring political support for a foreign state as a condition for citizenship.

This wave of legal repression is not confined to Germany. Across the English Channel, British authorities have similarly intensified their crackdown on dissent. In February 2024, three individuals were convicted of terror offenses in Britain after displaying images of paragliders at a Palestine solidarity protest on the controversial grounds that it amounted to “glorification of the actions” of Hamas. Since then, multiple British pro-Palestinian activists and journalists have been arrested, raided, and prosecuted over allegations of “supporting” Hamas. In December 2024, the UN sounded an alarm over London’s “vague and over-broad” counter-terror legislation.

These laws do not define the term ‘support,’ which the UN believes raises the risk of dissenting individuals who cannot plausibly be accused of endorsing “violent terrorist acts” by proscribed groups, including their political wings, being caught up in the legislation’s sweeping dragnet. Undeterred, authorities have only intensified their harassment of Palestine solidarity voices since.

Naila Kauser, an activist currently wanted for questioning by counter-terror police in London for pro-Palestinian statements she purportedly made on social media, tells MintPress News :

“Attacks against activists and journalists who speak out against the genocide in Palestine can only be described as an abuse of law, in service of fascism. It is the British state that is violating multiple world laws, including the Genocide Convention, by continuing to support Israel through intelligence-sharing, arms trade, and diplomatic protection of Israeli war criminals, as we saw recently with the Israeli Foreign Minister’s not-so-secret visit to London. Britain proscribing those who fight occupation also undermines their internationally recognised legal right to resist.”

Electronic Intifada editor Asa Winstanley, whose London home was raided and digital devices seized by counter-terror police at dawn in October 2024, suggests to MintPress News that the British government’s December 2016 adoption of the IHRA’s misdefinition of antisemitism may have played a role in the wave of repression targeting “legitimate dissent, protest, and political action” against crimes committed by the Israeli state. He says that the controversial definition, reportedly influenced by Israeli intelligence, “does nothing to protect Jews or anyone else — its primary aim is to criminalize Palestinians and their supporters.”

Winstanley cites the striking example of a London council in 2019 using the IHRA’s definition of antisemitism to ban a local pro-Palestinian bike ride seeking to raise money for sports equipment for Gazan children from traveling through its parks. “This wasn’t a direct action, it wasn’t anything to do with Jewish people, it wasn’t discrimination, it was pure solidarity of the fluffiest kind, and even this was officially found to fall foul of the IHRA definition,” Winstanley warned.

‘Moral Authority’

In June 2023, the ponderously titled Economic Activity of Public Bodies (Overseas Matters) Bill began making its way through British Parliament. Its purpose is to ban any public bodies conducting their investments and procurement “in a way that indicates political or moral disapproval of a foreign state.”

An accompanying press release made clear the legislation’s explicit purpose was protecting “businesses and organizations” affiliated with Israel. Michael Gove, the then-government minister who introduced the law, said of BDS efforts:

“These campaigns not only undermine the UK’s foreign policy but lead to appalling antisemitic rhetoric and abuse. That is why we have taken this decisive action to stop these disruptive policies once and for all.”

The array of organizations affected is gargantuan, ranging from local councils to universities, and the implications are grave in every way. Institutions can be investigated solely at the personal discretion of government officials and face voluminous fines for breaches. During the 1980s, when the British government refused to sanction or condemn South Africa, the very entities targeted by this legislation boycotted the Apartheid state. If the new law were in effect at the time, such activities would have been entirely illegal.

Exacerbating matters further, the anti-BDS Act violates multiple UN rulings and contradicts the British government’s own stated positions. London’s official stance for decades has been that Israeli settlements “are illegal under international law, constitute an obstacle to peace and threaten a two-state solution to the Israeli-Palestinian conflict.” As such, Britain’s private sector is actively discouraged by authorities from conducting business there. Yet, public bodies may now be legally prohibited from following this very precept.

Still, there remains one potential legal avenue of resistance. As MintPress News has previously reported, multiple legal findings and precedents indicate countries party to the Genocide Convention, as Britain is, must “employ all means reasonably available” to prevent genocide. What’s more, failing to stop providing aid or assistance to a state engaged in genocide could violate Article I of the Convention. This could provide legal protection from London’s new anti-BDS law. As activist Naila Kauser, herself a target of London’s latest measures, concludes:

“Laws that defend genocide have no legitimacy, and states enforcing them and enabling the genocide have no moral authority. They want us to shut up, but we must continue to resist these attacks, as well as the ongoing genocide, in any way we can until Palestine is liberated.”

May 2, 2025 Posted by aletho | Civil Liberties, Ethnic Cleansing, Racism, Zionism, Full Spectrum Dominance, Solidarity and Activism | Germany, Human rights, Israel, Palestine, UK, United States, Zionism | Leave a comment