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Proposed Amendment of Immunity Law: Turning the Knesset Into a Safe Haven for Criminals

>> Click here to read the full Position Paper

 The bill proposing to amend the Immunity Law submitted in 2024 is an integral part of the regime revolution promoted by the government, which has dangerous implications for democracy and equality before the law. It establishes criminal and civil immunity for MKs as the default option, unless an investigation is approved by a 90-MK majority, which sets an almost impossible barrier. It is yet another move aimed at changing the democratic structure of the State of Israel.

The existing law already grants the Knesset plenum the authority to establish procedural immunity from criminal prosecution or to grant immunity with a simple majority vote. However, the new bill seeks to change this state of affairs and create an unprecedented mechanism that would provide total protection for MKs. Below are some of the devastating consequences of the proposed law.

Encouragement of Criminal Activity
It is expected to create a situation where MKs would be immune from investigations and prosecution, even in cases of serious offenses. This may lead to collaboration between MKs and criminal organizations, as seen in corrupt regimes such as Honduras and Mexico.

Protection of Sexual Offenses
It may deter victims of sexual offenses from filing complaints for fear of a public debate in the Knesset plenum. The immunity would also apply to offenses committed before the person became an MK, thereby leading the statute of limitations to expire before legal proceedings could begin.

Granting Immunity to the Prime Minister and Ministers
The Prime Minister and ministers who are also MKs would avoid criminal prosecution unless approved by 90 MKs, which could lead to the political exploitation of immunity.

Encouraging Criminals to Run for Knesset
It would create an incentive for criminals to run in Knesset elections to avoid prosecution and serve as MKs until the statute of limitations expired.

Undermining the Integrity of Elections
Candidates could commit offenses during elections, in the knowledge that once elected they would enjoy full immunity.

Political Persecution
The government could use immunity as a tool to initiate investigations against opposition members, especially MKs representing the Arab minority.

Undermining Economic and Civil Rights
MKs would be able to evade paying personal debts or damages, thereby harming the economic rights of citizens and businesses.

Zulat’s position is that this law poses a severe threat to Israeli democracy. As part of a broader set of anti-democratic legislation leading to the creation of a dictatorial regime, it is expected to turn the Knesset into a safe haven for criminals and erode public trust in state institutions. Zulat firmly opposes this proposed law, which is anti-democratic and dangerous.

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Dr. Maha Sabbah Karkabi

 

Senior Lecturer in the Department of Sociology and Anthropology, Ben-Gurion University of the Negev. She holds a Ph.D. in Sociology from Tel Aviv University (2015), a postdoctoral fellowship at the Center for Gender Studies, SOAS, University of London (2015-2016), a postdoctoral fellowship in the Department of Sociology at Tel Aviv University (2016-2017), and a postdoctoral fellowship Ph.D. at the Humphrey Institute for Social Research, Ben-Gurion University of the Negev (2018-2020).
Dr. Maha Karbahi’s areas of interest focus on the connection between social change, family behavior, and gender inequality in societies in the process of change and specifically in Palestinian Arab society in Israel. Her research draws attention to the study of family life and employment, using a combined “ethnic lens” and “gender lens” and paying attention to the perspective of Palestinian Arab women, a group characterized by intersections between multiple marginal locations, which over the years has remained hidden from the research eye. Dr. Karkabi-Sabah’s research is published in professional journals and chapters in scientific books that are considered pioneers in family research, work, and gender equality.

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Prof. Frances Raday

Professor Emeritus in the Lieberman Chair in Labor Law, in the Faculty of Law at the Hebrew University and serves as a full professor in the College of Management’s academic track, where she also serves as chair of the graduate program and as honorary president of the Concord Center for International Law Absorption. Radai was a member of a working group of the UN Human Rights Council on discrimination against women. In addition, she is a prominent and feminist human rights activist.

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Dr. Rawia Aburabia 

Faculty member of Sapir Academic College’s School of Law, received her PhD from the Hebrew University of Jerusalem. Her research deals with the interface between law, gender, minorities, and human rights. Has published in leading journals on the subject of the matrimonial laws pertaining to Muslim women in Israel. Her book Under the Law, Outside Justice: Polygamy, Gendered Citizenship, and Colonialism in Israeli Law is expected to be published as part of the Gender Series of Kibbutz Meuhad Publishing House.

Dr. Aburabia has extensive experience in international human rights and public law. She has worked as a jurist for the Association for Civil Right and has been invited as a specialist to address such international forums as the United Nations and the European Parliament on the subject of indigenous communities and minority rights. She has interned with Human Rights Watch in Washington DC, and has been a member of the executive board of Amnesty International. In 2018, she was selected by the magazine Globes as one of the 40 most promising young persons in Israel under the age of 40.

 

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Ron Kessler

With over two decades of experience in the field of digital content, Ron has participated in numerous political and social campaigns. He helped run the digital activity of senior public officials, and worked in various NGOs. Ron is a fundamentally optimistic man, who believes that Israel can be changed and so can people. Lives in Tel Aviv.