Activists Appeal Conviction Over Gaza War Protest Slogans

The Central District Court in Haifa is reviewing an appeal filed by activists Mohammed Taher Jbaraeen and Ahmad Khalifa against their conviction and sentencing for slogans chanted during a protest against the war in Gaza. The protest took place in Umm al-Fahm on October 19, 2023. The defense team is seeking to overturn the convictions and sentences, arguing that the prosecution failed to prove the slogans constituted incitement to terrorism or could lead to terrorist acts. The appeal also raises concerns about selective law enforcement against Palestinian protesters, infringing on freedom of expression and the right to protest, and challenges the constitutionality of the laws used for conviction.

Lawyer Hadeel Abu Saleh from Adalah stated that the defense emphasized the legal validity of the slogans, noting they were not criminalized before the trial. She argued that prosecuting the activists serves to intimidate the public and criminalize political expression, especially since no other participants were convicted for the same slogans. The defense's primary demand is to have the conviction overturned, or alternatively, for the ruling to be reconsidered.

Abu Saleh observed that court proceedings since October 7, 2023, reflect a shift in how Israeli courts handle freedom of expression cases, often operating on preconceived notions about Arab citizens' thoughts and intentions. Mohammed Mahamid, head of the Popular Committee in Umm al-Fahm, described the case as a "farce" over the past three years, asserting that the slogans expressed a natural human and political stance and that the trial aims to silence dissent against the war in Gaza.

In April 2026, the Haifa Magistrate's Court convicted Khalifa and Jbaraeen of indirect incitement to terrorism and identification with a terrorist organization, while acquitting them of direct incitement. In June, the court sentenced them to six months suspended imprisonment, crediting their prior detention time, and imposed a 5,000 shekel bail on each. The case originated from a peaceful protest on October 19, 2023, against the war in Gaza, two days after the bombing of Al-Ahli Arab Hospital. Police arrested 12 participants, releasing most shortly after, but detaining Khalifa and Jbaraeen.

Indictments were filed in November 2023, leading to Khalifa's detention for about four months and Jbaraeen's for eight months before their conditional release in February and June 2024, respectively. Both faced prolonged house arrest, travel bans, and restrictions on internet use and work. The defense argued that the slogans were part of Palestinian political discourse, not calls for violence, and presented testimonies and evidence showing the slogans were used in other protests without repercussions.

Professor Yonatan Mandel, an expert in Arabic language and culture, testified that the prosecution's translations and interpretations of the slogans were problematic, potentially assigning criminal meanings. He stressed the importance of understanding political slogans within their historical, social, and cultural context. The defense also presented academic research on the historical use of these slogans in Palestinian political discourse.

The appeal focuses on the legal basis for the conviction and the application of the 2016 Counter-Terrorism Law to political expression, warning of a narrowing of political and protest space for Palestinians. The case reopens debates on the boundaries of free speech and protest, particularly amid increased scrutiny of political expressions since October 2023. The activists are represented by lawyers from Adalah and the Defend Defenders Fund.