Citizenship rights The Israeli
the Nationality Law and the
Law of Return, differentiate between Jewish Israelis and
Palestinian Israelis by reifying the concept of Jewish nationality as separate from Israeli citizenship. Despite its title, the Nationality Law does not establish the notion of an Israeli nationality, instead associating nationality with religious affiliation. The Nationality Law permits Palestinians to become citizens of Israel only if they were present (or are the descendants of those present) in Israel between 1948 and 1952. These constraints exclude all those who were
expelled or who fled between December 1947 and March 1949 and their descendants. ;Notes: • Per Freedom House 2009 ratings. For political rights and civil liberties indices, 1 represents the most-free and 7 the least-free rating. • Per The Economist Intelligence Unit 2010 ratings. Full democracies have an overall score of 10 to 8, flawed democracies have an overall score of 7.9 to 6, hybrid regimes have an overall score of 5.9 to 4, and authoritarian regimes have an overall score from 3.9 to 1. The extent of democracy is higher as the score increases. • According to the annual Transparency International Corruption Perceptions Index, the score ranges from 10 (squeaky clean) to 0 (highly corrupt). Israeli citizens and human rights organizations have criticized the Israeli government for assailing
civil society organizations and
human rights activists in recent years. According to the
Association for Civil Rights in Israel (ACRI), Israel's oldest and largest civil liberties organization, a series of Israeli government efforts in recent years have attacked Israeli
civil society and the
Supreme Court of Israel. A December 2017 ACRI report presents what it views as examples of persistent Israeli government attack against Israeli democracy, human rights, the right to protest, respect for the underlying value of equality, and the liberties of political, social and ethnic minorities. This trend in Israel has been called "constitutional retrogression" by some legal analysts.
Elections, political parties, and representation According to the 2015
US Department of State report on Israel, "The law provides citizens the ability to choose their government in free and fair periodic elections based on universal and equal suffrage, and citizens exercised this ability." Elections held in March 2015 were considered free and fair by observers. A change in the electoral threshold was criticized as limiting representation of small parties, particularly affecting the Arab minority. This resulted in the four Arab-majority parties uniting into one faction, the Joint List, which won 13 seats and became the third-largest faction in the Knesset. Most Palestinians in the
Israeli-occupied territories live under Israeli occupation and are not Israeli citizens. They are not allowed to vote in Israel. The Basic Law: The Knesset (1958) and the amendments that followed prevent a party list from running for election to the Knesset if its objectives or actions include the "negation of the existence of the State of Israel as the state of the Jewish people". The Israeli legal center
Adalah states that "this law obstructs the free exercise of political rights, including the rights to political speech and participation. It is often used to try to prevent Arab political parties and parliamentarians from seeking to alter the character of the state through democratic means, for example, to a state based on full civil and national equality that does not grant preference to one national group over the other, and even to block debate on such proposals." After gaining control of the West Bank in 1967, Israel guaranteed Muslim access to mosques, including
Al-Aqsa, and Christian access to churches. Israel has extended protection to religious sites of non-Jewish religions; most famously the
Israeli Defense Forces (IDF) arrested a man who notified them of his plans to attack the Al-Aqsa Mosque. At times, the observances of holy days by various religions has the potential to cause conflict; thus Israeli police take measures to avoid friction between communities by issuing temporary restrictions on movement and audible worship. According to a 2009 report from the US Department of State's
Bureau of Democracy, Human Rights, and Labor, Israel falls short of being a tolerant or pluralistic society. According to the report, Israel discriminates against Muslims, Jehovah's Witnesses, Reform Jews, Christians, women and Bedouins. All 137 official holy sites recognized by Israel are Jewish, ignoring and neglecting Christian and Muslim sites, despite the 1967 Protection of Holy Sites Law being intended to protect all holy sites. The
Baháʼí Faith (in 1960) maintains the seat of their governing bodies, the
Universal House of Justice, in Haifa.
Buddhism is also active as a religion in Israel. In 2007, Israel was one of 10 countries with a score over 7.1 on a scale of 10; in 2010, Israel and the Palestinian territories were two of the 15 areas with the highest SHI scores.
Common-law marriage gives couples the same rights as married couples enjoy. Israeli citizens may also travel abroad for a civil marriage, which is then binding under Israeli law. During the
Al-Aqsa Intifada in 2003, the Knesset made a temporary amendment to the
Citizenship and Entry into Israel Law which prohibited Palestinians married to Israelis from gaining Israeli citizenship or residency. Critics argue that the law is racist because it is targeted at Israeli Arabs who are far more likely to have Palestinian spouses than other Israelis; defenders say the law is aimed at preventing terrorist attacks and preserving the Jewish character of Israel. The United Nations Committee on the Elimination of Racial Discrimination unanimously approved a resolution saying that the Israeli law violated an international human rights treaty against racism. The Israeli Ambassador to the UN in Geneva,
Yaakov Levy, said the resolution was "highly politicized", citing the committee's failure to grant Israel's request to present evidence of the "legislation's compliance with existing international law and practice", examples of "numerous concrete instances [in which the] granting of a legal status to Palestinian spouses of Israeli residents [was] abused by Palestinian residents of the territories for
suicide terrorism", and also ignoring the fact that at the time of the UN resolution the matter was under review by the
Israeli High Court of Justice. The Association for Civil Rights in Israel (ACRI) filed a petition to have the law struck down but it was upheld by a High Court decision in 2006. In the Israeli Supreme Court decision on this matter, Deputy Chief Justice Mishael Cheshin argued that, "Israeli citizens [do not] enjoy a constitutional right to bring a foreign national into Israel... and it is the right – moreover, it is the duty – of the state, of any state, to protect its residents from those wishing to harm them. And it derives from this that the state is entitled to prevent the immigration of enemy nationals into it – even if they are spouses of Israeli citizens – while it is waging an armed conflict with that same enemy". In 2009, the US Department of State's Bureau of Democracy, Human Rights and Labor criticized the lack of civil marriage and divorce in Israel for immigrants who are not considered Jewish under rabbinical law. While this could easily amount to obligations in the millions of US dollars, even a US$100 debt can trigger a stay of exit. The men are required to pay 100% or more of their income, and are jailed for 21 days each time they miss a monthly payment. In 2021, it was reported that an Australian man who was divorced from his Israeli wife was detained from leaving the country in 2013, with the stay of exit being in force until 31 December
9999, or until he paid $3 million in child support arrears. Marianne Azizi, British journalist and head of Coalition of the Children and Families in Israel (CCF), estimated that hundreds more Australians were trapped in the country as a result of the stay of exit. She had been informed by
British Embassy officials in Tel Aviv that 100 British nationals per month had been reaching out to them for help in getting out of the country.
Judiciary system and criminal justice Israeli law provides for the
right to a fair trial and an independent judiciary. The 2005 US Department of State report on Israel notes that the courts sometimes ruled against the executive branch, including in some security cases. Human Rights Groups believe these requirements are generally respected. The system is
adversarial and cases are decided by
professional judges. Indigent defendants receive mandatory representation. Some areas of the country fall under the separate judicial jurisdiction of
military courts. These courts are believed to be in alignment with Israel's other criminal courts on matters pertaining to civilians. Convictions in these courts cannot be based on confession alone.
Capital punishment Israeli law currently allows for the death penalty for serious crimes committed during wartime, but it has been abolished during peacetime. Current crimes during wartime include genocide, crimes against the Jewish people, crimes against humanity, and war crimes. The only person to have ever been executed after conviction in an Israeli civilian court was the Nazi war-criminal
Adolf Eichmann.
Rights of prisoners Torture is reported by
B'Tselem as having been carried out against individuals not suspected of crime, including religious sages, sheiks and religious leaders, persons active in charitable organizations, and Islamic students. Others to be tortured include brothers and other relatives of persons listed as "wanted" and any Palestinians in the engineering profession. In some cases, wives of the detained have been arrested and mistreated to further pressure their husbands. ISA agents have sometimes tortured Palestinians in order to recruit them as collaborators. B'Tselem estimates that the ISA annually interrogates between 1,000 and 1,500 Palestinians and
uses methods constituting torture against some 85 percent of them, at least 850 persons a year. Amnesty reported over 2,200 Palestinians were detained from the
occupied West Bank in the first month of the 2023
Gaza war. Accounts and video recordings show the torturing of detainees, including severe beatings and humiliation of detainees, such as by forcing them to keep their heads down, to kneel on the floor during inmate count, and to sing Israeli songs. A 1978 report from the Consulate General in Jerusalem described the military trial of two young American citizens who reported that Israeli authorities used physical coercion to obtain confessions from them. The report concluded that Israeli authorities were aware that "physical coercion and mistreatment" probably had been used to obtain the confessions. The 1987
Landau Commission, headed by then-Supreme Court Justice
Moshe Landau, was appointed to examine the interrogation methods of the
Israel Security Agency (ISA) and said that "the exertion of a moderate degree of physical pressure cannot be avoided". Nevertheless, the commission condemned a 1982 internal memo that instructed interrogators on the kind of lies they should tell in court when denying they'd used physical force to obtain confessions. It condemned the perjury involved but advised against prosecution of those who'd carried it out. The second part of the Landau report remains secret, it is believed to contain guidelines for permissible interrogation methods. The Landau Commission resulted in hundreds of petitions by detained Palestinians complaining that force had been used against them during ISA interrogations. In isolated cases, interim orders were issued temporarily prohibiting the ISA from using all or some of the methods, but in September 1999, the High Court refused to rule whether they are legal under Israeli and international law. In 1994, a State Comptroller's Report (partly released in summary form in February 2000) found that ISA interrogation methods contravened the law, the Landau Commission guidelines, and the internal guidelines formulated by the service itself. In July 2002,
Haaretz quoted a senior ISA official saying that, since the High Court's decision, 90 Palestinians had been defined as "ticking bombs" and "extraordinary interrogation methods," i.e. torture, was used against them. Other Israeli interrogators have admitted that the ISA "uses every manipulation possible, up to shaking and beating." Dozens of affidavits from Palestinians also confirm that torture is still part of Israeli interrogations. According to a 2011 report by two Israeli human rights organisations, the Public Committee Against Torture (PCAT) and Physicians for Human Rights (PHR), Israeli doctors fail to report suspected torture and conceal related information, allowing Israeli Security Agency interrogators to use torture against Palestinian detainees. In August 2015, a law authorized force-feeding of hunger-striking prisoners. However, the Israel Medical Association declared the legislation unethical and urged doctors to refuse to implement it. The intention is to give the prisoners the tools to deal with life outside, so that upon release from prison they will have the appropriate education to help them obtain jobs, and prevent them from returning to a life of crime.
Political prisoners In 2011, UN Secretary-General Ban Ki-Moon said Israel held thousands of Palestinians as political prisoners, and called on Israel to release them. Ban said the release of political prisoners would "serve as a significant confidence-building measure" and boost prospects of peace in the region. Amnesty International has called on Israel to release political prisoners, saying "all political prisoners held without charge or trial should be tried in fair trials or immediately released".
John Dugard has compared Israeli imprisonment of Palestinians to policies of Apartheid-era South Africa, saying "Apartheid's security police practiced torture on a large scale. So do the Israeli security forces. There were many political prisoners on Robben Island but there are more Palestinian political prisoners in Israeli jails."
Administrative detention Administrative detention is a procedure under which prisoners are held without charge or trial. The sentences are authorized by an administrative order from the Israeli Ministry of Defence or Israeli military commanders.
Amnesty International believes that the practice breaches Article 9 of the
International Covenant on Civil and Political Rights which "makes clear that no-one should be subjected to arbitrary detention and that deprivation of liberty must be based on grounds and procedures established by law". Amnesty International is also concerned that
prisoners of conscience are being "held solely for the non-violent exercise of their right to freedom of expression and association". According to
B'Tselem there are currently 645 Palestinians being held under administrative detention by the
Israel Prisons Service and 105 by the
IDF. Most are kept in the West Bank in Ofer Military Camp or in the
Ansar 3/Ketziot Military Camp in the
Negev desert.
Education programs in prison for Security Imprisonments In 2009, there were 250 Palestinian prisoners studying at Israel's Open University. In late 2012, three prisoners appealed the decision to the
Israeli Supreme Court, which rejected their appeal. In their ruling, the judges stated that the right to free university education does not apply to those convicted of terror offenses. The ruling did, however, call on prison authorities to be "considerate" in deciding the cases of prisoners already in the midst of academic programs.
Freedom of speech and the media Censorship in Israel is officially carried out by the
Israeli Military Censor, a unit in the Israeli government officially tasked with carrying out preventive
censorship regarding the publication of information that might affect the
security of Israel. The body is headed by the Israeli Chief Censor, a military official appointed by Israel's
Minister of Defense, who bestows upon the Chief Censor the authority to suppress information he deems compromising from being made public in the media, such as Israel's
nuclear weapons program and Israel's military operations outside its borders. On average, 2240 press articles in Israel are censored by the Israeli Military Censor each year, approximately 240 of which in full, and around 2000 partially. Articles concerning potentially controversial topics must be submitted to the Israeli Military Censor in advance; failing to do so may cause the reporter to lose his right to work as a journalist in Israel and, in the case of foreign reporters, to be barred from the country. According to the 2005 US Department of State report on Israel, "[t]he law provides for freedom of speech and of the press, and the government generally respected these rights in practice subject to restrictions concerning security issues." The law provides for freedom of assembly and association, and the government generally respected these rights in practice. which include
Association for Civil Rights in Israel (ACRI),
B'Tselem,
Machsom Watch,
Women in Black and
Women for Israel's Tomorrow. According to the press freedom organization
Reporters Without Borders, "The Israeli media were once again in 2005 the only ones in the region that had genuine freedom to speak out." However, in 2010, human rights groups operating in Israel complained of a hostile environment in the country, and said they were coming under attack for
criticising Israeli policies. The groups say that some Israeli leaders see human rights criticism as a threat to Israel's legitimacy, especially following
war crimes allegations against the Israeli military over the
Gaza War (2008–09). In 2009, Israel ranked 93rd in the
Reporters Without Borders Press Freedom Index, down from the previous year. In 2013, Israel slipped to 112 out of 179 countries in the press Freedom Index. Reporters without borders explained the change was due to Israeli actions in
Operation Pillar of Defense during which it said "Israel Defense Forces intentionally attacked journalists and buildings where media connected to Hamas had premises". The organization also criticized arrests of Palestinian journalists and military censorship.
Freedom House ranked Israel as having a "Partly Free" media climate in 2009. Previously, Israel have been the only country in the region ranked with a "Free" media.) In 2023, Israel proper, not including the Gaza Strip or East Jerusalem, was listed as "Free", while the Gaza Strip and the West Bank were rated "Not Free". In 2003,
Israel's film board banned the commercial screening of a film about the 2002
Battle of Jenin. The film,
Jenin, Jenin, was a collection of interviews with residents of the
Jenin refugee camp filmed in April 2002, a week after the battle.
Mohammad Bakri, an Israeli Arab, directed the film. The film was banned due to its allegations of
war crimes committed by
Israeli forces, which the board deemed false and hurtful to the soldiers' families. Following legal proceedings, a petition was filed to the
Supreme Court of Israel, which unanimously overturned the board's decision, and allowed the movie to be shown in cinemas "for the public to decide", while noting that the movie was "full of lies", was not a documentary, and was made "without good faith", falsely portraying the Israeli soldiers as "the worst of war crime perpetrators". In January 2011, the Israeli parliament endorsed a right-wing proposal to investigate some of Israel's best-known human rights organisations for "delegitimising" its military. The investigations would entail inquiries into the funding of several human rights groups that have criticised Israeli policies. The Association for Civil Rights in Israel described the decision as a "severe blow" to Israeli democracy, and critics labeled the policy as "
McCarthyist". In 2015, the Israeli Supreme Court upheld major provisions of a law imposing consequences on those who call for boycotting Israel and occupied territories. The ruling sparked debate, with some protesting it ends freedom of speech while others say it affirms Israel's stand on "the destructive nature of the BDS" (
Boycott, Divestment and Sanctions movement). Israeli human rights groups had petitioned against the law, saying it infringes on freedom of speech. Supporters of the law say it prohibits "discrimination based on geography." "To exclude calls for a boycott from the category of free speech is incorrect," said Rabbi David Rosenn,
New Israel Fund's (NIF) executive vice president. "There is not a separate category for speech that is political. The most important speech is political, and people should have the ability to express their opinions without fear of government sanctions." The law empowers police to limit incitement to violence or
hate speech and criminalizes calling persons "Nazis" or "fascists". The Prevention of Terrorism Ordinance prohibits expressing support for an organization deemed to be illegal or terrorist in nature. According to
The Guardian,
Haaretz "had published a series of investigations of wrongdoing or abuses by senior officials and the armed forces, and has long been in the crosshairs of the current government." During the
Gaza war, Palestinians described military harassment over their social media posts. In 2024, the Committee to Protect Journalists ranked Israel as the second worst country in the world for allowing the murderers of journalists to go unpunished. ; Reporters Without Borders Press Freedom Index
Reporters Without Borders publishes an annual report on worldwide press freedom, called the
Press Freedom Index. The first such publication began in 2002. The results for
Israel and the
Palestinian Authority from 2002 to the present are shown below, with lower numbers indicating better treatment of reporters: == Right to privacy ==