Several anti-democratic bills passed on preliminary vote in the Knesset plenum on Wednesday, February 19.  First, a bill proposal to heavily tax donations by foreign countries to NGOs in Israel. According to the proposal, authored by Likud MK Ariel Kallner, donations to NGOs from a “foreign state entity” will be taxed at 80%, but the finance minister, with the approval of the Knesset Finance Committee, can award a tax exemption in “special circumstances.” In addition, the law says the court system will not hear cases filed by NGOs whose “main funding” is from foreign state entities and who do not receive Israeli state funding.

Combatants for Peace protest against the war in Gaza, December 31, 2024 (Photo: Combatants for Peace)

Also, the Knesset advanced a bill on Wednesday that bans Israeli citizens, authorities, and public bodies from “cooperating with the International Criminal Court (ICC) in The Hague.” It is proposed to prohibit public authorities and bodies, as well as Israeli citizens and residents, from cooperating with the International Criminal Court in The Hague, including a prohibition on delivering information or documents, extradition of a person from Israel and supporting the court. It is further proposed to empower the Minister of Justice appoint an authorized official who will be responsible for managing and approving agreements by public bodies with the court.

In addition, it is proposed to impose restrictions on persons operating on behalf of the court, such as on entering, staying or possession of properties in Israel, and to establish a criminal offense bearing a five-year prison sentence on delivering information to the court.

The bill proposed up to five years in prison for anyone “providing services or resources to the ICC.” An international law expert warned that journalists investigating Israeli occupation army crimes could also face imprisonment

In addition, the Knesset passed a law on Wednesday barring non-Israeli citizens from entering or residing in the country if they – or the organizations they represent – have denied the October 7 massacre or the Holocaust or have supported the international prosecution of Israeli security personnel. The also bans entry to individuals and affiliated organizations supporting the prosecution of Israeli soldiers. It also expands a 2017 amendment which bars issuing visas to people affiliated with groups calling to boycott Israel.

According to Hadash MK Aida Touma-Sliman, “The legislative assault in Israel continues. The laws passed yesterday in a preliminary vote sanction people who cooperate with the ICC and limit the ability of human rights groups to petition the Supreme Court. They are withholding access to the court for the most vulnerable groups and leaving it open just for supporters of the regime. Netanyahu’s government is waging war on civil society and wishes to silence anyone who exposes its crimes. We will not be quiet.”

A memo published by two researchers from the Israel Democracy Institute (IDI) on Monday called the bills “another attack against democracy” by the far-right government since it intends to silence critical voices. The IDI researchers, Prof. Mordechai Kremnitzer and Dr. Amir Fuchs, argued that most NGOs affected by the bill would be those that support human rights against government violations and are critical of the current government. Many of these NGOs receive funding from the European Union and other Western countries, such as the US, UK, and Germany.

In addition, the researchers argued that the fact that the finance minister can exempt certain NGOs under “special circumstances” (which are not defined) reveals that the bill is at least politically motivated, as the finance minister could exempt NGOs it deems “friendly” to the government while maintaining the tax on NGOs that are not. The researchers also argued that the provision that blocks the court from hearing petitions by NGOs whose “main funding” is from foreign state entities is unconstitutional because it violates the basic right to petition to a court to receive justice and unlawfully limits the court’s jurisdiction.

In a message to its supporters, the NGO Zazzim slammed the bill as an effort to “eliminate organizations that demand a pluralistic society and fight for freedom of information, equality, and against political corruption.” Zazzim accused the far-right government of “taking advantage of our focus of worrying about the fate of the hostages to complete their coup d’etat and eliminate democracy.” Combatants for Peace noted that under the language of the bill, most Israeli human rights organizations would lose their ability to petition Israeli courts for judicial review in human rights cases or in lawsuits against the government. This is a direct assault on democracy, stripping civil society of one of its most important tools to protect human rights,” said in a statement.

Noa Sattath, executive director of the Association for Civil Rights in Israel, said, “This proposed legislation is a direct assault on Israel’s democracy and part of the ongoing judicial coup. It represents a systematic attack on all institutions that check government power and specifically targets human rights organizations working to protect minorities in Israel and Palestinians in the occupied territories. Meanwhile, right-wing organizations relying on private donations remain unaffected, and the finance minister has discretionary power to exempt certain organizations while those receiving state funding are automatically excluded.”