This position paper addresses the Bill for the Protection of Israeli Public Officials from the ICC’s Actions Against the State of Israel-2024, which purports to protect Israeli public officials from investigation and prosecution by the International Criminal Court in The Hague (ICC). However, a closer examination reveals it to be an anti-democratic move aimed at silencing information and preventing public criticism of the government and IDF’s actions.

The bill sets severe prison sentences for anybody disclosing information to the ICC, including journalists, researchers, human rights activists, and even soldiers, thus creating a mechanism of extreme censorship restricting freedom of expression, freedom of the press, and academic freedom.

The bill consists of five chapters, which together create an unprecedented mechanism for silencing and controlling information:

• Broad definition of “information disclosure”: The law would not only apply to direct cooperation with the ICC, but also to press reports, academic research, or social media publications.
• Total ban on cooperation with the ICC: State authorities (the Knesset, the IDF, the Israel Police) would not be permitted to relay information or in any way assist international investigations.
• Severe prison sentences: Journalists, researchers, soldiers, or any citizen publishing information that might reach the ICC could face up to five years in prison, and life imprisonment in the case of “classified” information.
• Broad powers to an “authorized official”: A senior figure appointed by the Minister of Justice would determine what information is “prohibited” for publication, based on such vague criteria as “public order.”
• Complementary legislative amendments would incorporate these clauses into the existing legal framework and turn government control over information into a policy embedded in Israeli legislation.

Implications and Immediate Harms of the Law:

• Fatal blow to freedom of the press and public discourse: Journalists, researchers, and human rights activists may find themselves facing criminal charges merely for exposing information related to the actions of the government and the security establishment. The law would cast a serious chilling effect that would deter media outlets and journalists from addressing sensitive issues.
• A less transparent and more authoritarian state: The broad powers granted to the government to prevent the publication of information could be used as a political tool to silence criticism and to prevent the exposure of government corruption, human rights violations, or illegal activities by state authorities.
• Serious harm to Israel’s international standing: Instead of proving that its legal system is capable of investigating and prosecuting suspected crimes on its own, Israel may be perceived as a country that conceals information. This could lead to increased international legal intervention and to Israeli soldiers and officers being prosecuted abroad.
• Restricted ability to criticize and investigate human rights violations: If the law is passed, human rights organizations and journalists would be unable to report suspicions about serious offenses without risking imprisonment. Thus, the law would not only restrict freedom of expression but would also prevent internal criticism of the government and the army.

In conclusion, the proposed bill does not protect the State of Israel, but rather endangers it. It harms basic fundamental rights, poses a serious threat to freedom of information, and bolsters government control over its flow. Instead of safeguarding state security, it creates a country where publishing information would constitute a crime. Zulat calls for opposing this bill and preserving freedom of expression and freedom of the press, which are the foundational principles of Israeli democracy.