Criminalising dissent against 7 October narrative, Israel takes another turn towards authoritarianism

Israel has passed a new bill which criminalises the questioning of the official narrative regarding 7 October 2023. The law, passed without opposition, bars non-Israeli citizens from entering or residing in the country if they or the organisations they represent deny the 7 October attack, question the Holocaust, or support the prosecution at international courts of Israeli security personnel for war crimes. It also expands a controversial 2017 amendment that prohibited visas for individuals associated with groups supporting the peaceful Boycott, Divestment and Sanctions (BDS) movement.

These repressive measures come as Israel’s official narrative of 7 October faces increasing scrutiny.

One of the most controversial aspects has been the army’s use of the Hannibal Directive, a military protocol that permits Israeli forces to kill their own soldiers or civilians to prevent their capture by enemy forces. Israel’s own defence minister has acknowledged that the directive was issued on 7 October, resulting in Israeli forces killing a substantial number of their own civilians in efforts to prevent them from being taken hostage.

Moreover, many of the most shocking allegations about the Hamas-led cross-border incursion, which critics say were used subsequently to manufacture consent for the Gaza genocide, have since been debunked. Claims that Hamas beheaded 40 babies have turned out to be false, as have allegations that rape was used as a systematic weapon of war. Despite this, the new la w places the questioning of the official 7 October narrative on the same level as Holocaust denial, an atrocity which Israel and Zionist organisations insist is a unique event in history.

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As reported in Haaretz, the bill was submitted originally by Michel Buskila MK of the New Hope-United Right party and initiated by his colleague, Zeev Elkin MK. The bill’s explanatory notes claim that it is meant to combat “hostile elements” seeking to harm Israel’s interests. However, critics argue that its real purpose is to criminalise dissent and prevent scrutiny of Israeli military actions, particularly in Gaza.

By denying entry to those who support legal action against Israeli officials being investigated for genocide, the law undermines the ability of international bodies and human rights organisations to hold Israel accountable for potential war crimes. Haaretz notes that this measure fits into a broader strategy of shielding the Israeli military from international legal scrutiny. The move to prohibit cooperation with the International Criminal Court (ICC) is particularly revealing, as it threatens individuals with up to five years in prison for providing the court with information.

The bill is expected to hinder significantly the work of human rights groups operating in Israel and the occupied Palestinian territories, particularly those working with the ICC and the International Court of Justice (ICJ) to document and present evidence of genocide. It also reflects a broader trend towards authoritarian government in Israel. Over the past decade, the government has implemented a series of draconian measures designed to silence critics, both domestically and internationally.

Israel is often accused of weaponising law, including in its attempt to prevent activists from entering the country.

In 2017, for instance, the anti-BDS law allowed the regime to deny visas to individuals affiliated with groups calling for a boycott of Israel. The latest bill expands that authority significantly, allowing the government to bar entry to anyone advocating accountability for Israeli war crimes. The new provisions essentially allow the government to decide who may or may not challenge its policies, further eroding the country’s democratic pretensions.

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Israel’s use of legal measures to stifle dissent has been cited as part of a broader shift towards authoritarianism. Political analysts see Israel as an example of how states can weaponise their legal and political systems to suppress populations it deems to be a threat and tighten control over the lives of millions. Around the world, governments have increasingly introduced laws under the pretext of national security, only to wield them as tools to suppress opposition. In the US, for example, scholars have observed a rise in what has been termed “competitive authoritarianism,” marked by efforts to undermine judicial independence and manipulate state institutions to serve the interests of the ruling party.

Political analysts Steven Levitsky and Lucan A. Way have argued that modern autocracies often maintain a facade of democracy while steadily eroding its core principles. Instead of outright banning political activity, leaders use legal mechanisms to suppress opposition. Israel’s latest law follows this model by leveraging legislation to delegitimise criticism. The move to criminalise cooperation with the ICC mirrors tactics commonly employed by authoritarian regimes, where governments pass laws to obstruct domestic and foreign oversight and suppress independent investigations into their actions.

This approach is not new. Israel has consistently refused to recognise the ICC’s jurisdiction over the occupied Palestinian territories. However, the move to actively criminalise cooperation with the court represents a significant escalation of impunity, shielding its actions from international legal accountability. It signals a clear intent to block any attempt to hold Israeli officials accountable for their actions in the illegally-occupied Gaza Strip and West Bank. Israel has been lobbying Western allies to undermine the ICC’s legitimacy, and this latest law is a continuation of that effort.

Israel has long been presented by its allies as “the only democracy in the Middle East,” but its democratic credentials are increasingly being questioned.

The government’s growing hostility towards dissent, both domestic and international, reflects a further shift towards authoritarian rule. The passage of this law without opposition illustrates how deeply entrenched this shift has become.

Increasingly, Israel’s government has relied on legal and political mechanisms to suppress opposition. Crackdowns on Palestinian civil society organisations, surveillance of activists and restrictions on protests have curtailed political freedoms severely. The latest law, which bars entry to those who challenge Israeli policies and criminalises cooperation with international legal institutions, is yet another step towards silencing dissent and shielding the state from accountability. Beyond restricting critics, it creates further barriers to investigating and addressing potential war crimes.

This measure is not an isolated development but part of a systematic effort to eliminate legal scrutiny of Israel’s actions in the besieged Gaza Strip and the illegally occupied West Bank. By criminalising engagement with international legal bodies, the government is consolidating its control while making accountability increasingly difficult.

Failure to oppose these repressive measures will only embolden Israel’s sense of impunity. If democracy and human rights are to retain their significance, Israel’s allies must confront this escalating assault on free expression and legal oversight rather than enabling its continuation.

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The views expressed in this article belong to the author and do not necessarily reflect the editorial policy of Middle East Monitor.