[News] Palestine Solidarity Crackdown: Challenges in the US & Europe

[Anti-Imperialist News]

al-shabaka.org
<https://al-shabaka.org/roundtables/palestine-solidarity-crackdown-challenges-in-the-us-europe/>
Palestine Solidarity Crackdown: Challenges in the US & Europe
December 17, 2023

Israel’s 2023 genocide
<https://al-shabaka.org/roundtables/genocide-in-gaza-global-culpability-and-ways-forward/>
of Palestinians in Gaza has horrified many around the world and drawn
widespread public outcry, with unprecedented levels
<https://www.palestine-studies.org/en/node/1654576> of solidarity
organizing taking place across the globe. Millions have gathered in the
streets, issued public statements, and mobilized to block corporate
<https://www.aljazeera.com/news/2023/11/7/protesters-block-us-military-ship-allegedly-carrying-weapons-for-israel>
and state-led support not only for the Israeli regime’s recent onslaught
but for its decades-long colonial occupation of Palestine. But as this
unparalleled solidarity has emerged, so too has extraordinary repression at
every level.

Al-Shabaka spoke with Layla Kattermann of the European Legal Support Center
<https://elsc.support/> (ELSC) and Diala Shamas of the Center for
Constitutional Rights <https://ccrjustice.org/> (CCR) for further insight
on this suppression of mobilization. Together, they detail some of the
intimidation tactics and punitive actions taken by governments across North
America and Europe and offer concrete advice for how to resist such efforts
to stifle Palestine solidarity.

This interview is a lightly edited version of a conversation featured on
Al-Shabaka’s podcast series, *Rethinking Palestine*, hosted by Senior
Analyst Yara Hawari, in October of 2023. The full discussion may be
listened to here
<https://www.buzzsprout.com/1433386/13858200-countering-repression-of-palestine-solidarity-in-the-us-europe.mp3?download=true>
.1
*Since the start of the assault on Gaza, what has the repression of
solidarity with Palestine looked like in Europe?* *Layla Kattermann*

The repression we are currently witnessing in Europe is the culmination of
a decades-long attempt to connect the Palestinian identity and experience
with terrorism and antisemitism. This false connection has been
particularly exploited to suppress protests and demonstrations. Although
the right to protest is considered fundamental in Europe—and demonstrations
are an indicator of a healthy democratic system—several countries, such as
Germany
<https://www.nytimes.com/2023/11/10/world/europe/germany-pro-palestinian-protests.html>,
France
<https://www.aljazeera.com/news/2023/10/12/france-bans-pro-palestine-rallies-cracks-down-on-protesters-amid-gaza-war>,
and Austria
<https://www.reuters.com/world/from-river-sea-prompts-vienna-ban-pro-palestinian-protest-2023-10-11/>,
are violating that right by banning demonstrations
<https://time.com/6326360/europe-palestine-protests-free-speech/> in
solidarity with the Palestinian people.

The language used by European media, politicians, and police orders to
justify Palestine solidarity repression is aimed at thwarting any
divergence from the colonial mainstream narratives
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In Germany, for example, not only are protests being banned, but we are
also witnessing police violence, arrests, and harassment for any displays
of Palestine solidarity. In Berlin alone, there were roughly 600 police
detentions between October 11th and October 20th, 2023, for this reason.
This crackdown has also extended to schools: The Berlin Senate Department
for Education, Youth and Family, for example, sent a letter to all Berlin
school authorities and supervisors asking them to ban students from wearing
keffiyehs
<https://www.aa.com.tr/en/europe/berlin-bans-palestinian-keffiyeh-scarves-in-schools/3019089>
and other Palestinian symbols or slogans, such as “Free Palestine.” School
authorities were likewise asked to notify the police of any violations of
this ban, and in at least one instance a school director has been suspended
for refusing to comply.

Work suspensions and terminations of employment such as these are also on
the rise <https://www.wsws.org/en/articles/2023/11/03/yzaq-n03.html> for
expressions of solidarity with Palestine. Other forms of repression that we
are seeing at increasing rates include smear campaigns
<https://www.independent.co.uk/news/world/americas/museum-israel-gaza-artforum-palestinians-fired-b2440699.html>
of individuals and groups, online de-platforming
<https://www.eff.org/deeplinks/2023/11/platforms-must-stop-unjustified-takedowns-posts-and-about-palestinians>,
withdrawal of use of venues, cancellations of events
<https://www.aljazeera.com/features/2023/11/30/art-world-cancels-palestine-solidarity>,
and disinvitations. Many of these punitive measures are justified through
racist arguments and bolstered by the rise of far-right parties across
Europe, which have consistently dehumanized migrants, refugees, and
particularly those of Muslim backgrounds.
*What about in the US?* *Diala Shamas*

In the US, there has been a range of incidents of both institutional and
private repression. On the institutional side, law enforcement officers,
including the FBI, have summoned Palestinians for questioning
<https://theintercept.com/2023/10/13/palestinians-muslims-fbi/> through
“voluntary interviews,” often leveraging immigration concerns or status to
coerce individuals into speaking. Additionally, local police departments
have circulated notices indicating plans for special monitoring or
surveillance of Palestine solidarity protests. This has come as a directive
from the highest levels of government—indeed, President Biden himself
mentioned
<https://www.whitehouse.gov/briefing-room/speeches-remarks/2023/10/10/remarks-by-president-biden-on-the-terrorist-attacks-in-israel-2/#:~:text=So%2C%20in%20this%20moment%2C%20we,is%20no%20justification%20for%20terrorism.>
that he was instructing law enforcement to monitor the situation closely.
In New York City, Mayor Eric Adams went further
<https://www.middleeasteye.net/news/pro-palestine-protesters-new-york-city-mayor-eric-adams-shame-you#:~:text=%E2%80%9CAt%20a%20moment%20when%20innocent,streets%20to%20spread%20your%20hate.%E2%80%9D>
to essentially equate protesters marching and speaking out in support of
Palestinian rights with support for terrorism. Such discourse has been
widespread, from elected officials across city, state, and federal levels.
It is really concerning to witness the exploitation of this tremendous
power imbalance, especially when these officials start publicly naming
different activist groups, and sometimes even specific individuals.

Private repression is also taking place at a frightening level. For
example, a conference by the US Campaign for Palestinian Rights was
cancelled
<https://www.cnn.com/2023/10/18/business/hilton-hotel-texas-palestine-israel/index.html>
because the venue—a Hilton hotel—received threats and ultimately pulled out
from hosting the event. There has also been a surge in hate crimes, from
the violent murder
<https://www.nbcnews.com/news/us-news/suspect-wadea-al-fayoume-death-was-obsessed-israel-hamas-war-prosecuto-rcna120589>
of 6-year-old Palestinian-American, Wadea Al Fayoume, in Chicago, to
the attempted
murder
<https://www.npr.org/2023/11/27/1215477172/man-pleads-not-guilty-to-attempted-murder-of-three-palestinian-student-in-vermon>
of three Palestinian university students in Vermont.

There is an infrastructure behind the repression of Palestine solidarity
that includes both legislation and a discourse that equates anti-Zionism
with antisemitism. In moments like this, the switch can be flipped and all
tactics may be…
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Similarly, the professional repercussions of voicing support for the
Palestinian people at this time have been at an all-time high. At academic
institutions, for example, professors have come under pressure
<https://www.columbiaspectator.com/news/2023/10/17/petition-calling-for-removal-of-mesaas-professor-joseph-massad-garners-over-47000-signatures/>
for statements made about October 7th and the unfolding genocide in Gaza.
And across various professional fields we are learning of reports of
individuals demanding that staff face severe consequences or be terminated
from their positions for statements made in their personal capacities. This
is happening all over the US, and we are yet to understand the full scale
of it.

Doxxing is likewise on the rise, with the posting of private and
identifying information of people speaking out against the genocide in
Gaza. On the Harvard University campus, for instance, pro-Israeli groups
sponsored digital billboard trucks
<https://www.middleeasteye.net/big-story/israel-palestine-war-us-universities-free-speech>
to drive around with pictures of student activist leaders under the
headline “antisemite.” The students featured had signed statements
condemning Israeli atrocities in Gaza. Acts such as these are clearly
intended to intimidate those in support of Palestinian rights and to
inflict both mental health and professional consequences. It is worth
noting that many of the people subjected to doxxing are Palestinian, Arab,
or from other communities of color.
*Is this level of repression unprecedented?* *Layla Kattermann*

Not necessarily. Rather, it should be understood as a continuation and
acceleration of a worrying trend. The repression of the Palestine
solidarity movement or Palestinian rights advocacy did not start with the
latest bombardment of Gaza. While the ELSC has monitored Europe's crackdown
on Palestine solidarity since 2019, it of course existed long before. It is
a repression that has long been justified through racist depictions of
Palestinians that depict them as either terrorist threats and/or inherently
antisemitic.

In Europe, there is the Orwellian strategy used to portray the Other
as a barbaric
threat
<https://www.politico.eu/article/israel-palestine-conflict-europe-united-states-swap-scripts/>
and the Self as a barometer of moral security. Within this strategy we see
new words being invented and undesirable ones stripped of their meaning.
Thus, the language used by European media, politicians, and police orders
to justify Palestine solidarity repression is aimed at thwarting any
divergence from the colonial mainstream narratives. As part of this
strategy, we see a huge effort by European politicians and mainstream
media that
echoes
<https://www.theguardian.com/commentisfree/2022/mar/02/civilised-european-look-like-us-racist-coverage-ukraine>
the “us versus them” and “civilized versus uncivilized” dichotomy of 9/11.

While the tactics used to silence criticism of the Israeli regime today are
not as visible or obvious as imprisonments or assassinations of dissidents,
what we see instead is the attempt to damage activists’ psychological and
organizational strength. Indeed, the censoring of civil society
organizations and the demonization of solidarity groups
<https://tribunemag.co.uk/2023/10/criminalising-palestine-solidarity> are
efforts to reduce the political capabilities of the Palestine solidarity
movement. Likewise, the attempts to criminalize certain slogans
<https://www.aljazeera.com/news/2023/11/2/from-the-river-to-the-sea-what-does-the-palestinian-slogan-really-mean>,
such as “from the river to the sea, Palestine will be free,” are obvious
efforts to frighten activists. This repression is the continuation of a
trend that started several years ago, with implementation of the
International Holocaust Remembrance Alliance definition of antisemitism
<https://www.theguardian.com/news/2020/nov/29/palestinian-rights-and-the-ihra-definition-of-antisemitism>
in many institutions and the passing of anti-BDS legislation
<https://al-shabaka.org/podcasts/challenging-the-british-anti-boycott-bill-with-ben-jamal/>
.
*Diala Shamas*

The repression itself is not unprecedented, but the level and scale feel
like nothing we have had to face before. Those particularly working in the
legal response to this crackdown have noted that the numbers of reported
instances of repression are at an all-time high. But I do think it is
helpful to think of all of this as part of the architecture of repression
that has been built over the last decade. Indeed, there is an
infrastructure behind the repression of Palestine solidarity that includes
both legislation and a discourse that equates anti-Zionism with antisemitism
<https://al-shabaka.org/briefs/liberal-zionism-a-pillar-of-israels-settler-colonization-project/>.
In moments like this, the switch can be flipped and all tactics may be
activated at once. These are mechanisms of repression
<https://al-shabaka.org/labs/lawfare-and-palestine-strategies-for-resisting-criminalization/>
that have become very well oiled in many ways over a long period of time.

It is important that both individuals and the movement as a whole are not
intimidated into silence or inaction
<https://twitter.com/intent/tweet?url=https%3A%2F%2Fow.ly%2FAHVx50Qi0A7&text=It%20is%20important%20that%20both%20individuals%20and%20the%20movement%20as%20a%20whole%20are%20not%20intimidated%20into%20silence%20or%20inaction&via=AlShabaka&related=AlShabaka>Click
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On the other hand, because this has been happening over a period of years,
we also now have institutions and professionals well prepared to challenge
these oppressive strategies. In a moment such as this, they are able to
provide support and a line of defense. For example, Palestine Legal
<https://palestinelegal.org/> has a network of attorneys that they've built
up to support people facing attacks for their advocacy in favor of
Palestinian rights. Meanwhile, CCR is also doing similar work but on a
broader range of civil and human rights issues. Nonetheless, there is a
dire need to expand our movement defense capabilities to be able to handle
the unprecedented caseload.
*How have the ELSC and CCR responded to this repression?* *Layla Kattermann*

The ELSC comprises movement lawyers who consider themselves accountable to
Palestinian civil society. In that sense, we view the law in a pragmatic
way and are very aware of the fact that it can be used as an exploitative
and even oppressive tool. But we also see law as a tool to both push back
against repression and one that can mobilize people. The ELSC has three
pillars that define our work: defense, monitoring, and empowerment. The
defense pillar works as a filter between clients and lawyers, where we
offer co-counseling and expertise to defend those facing repression. The
monitoring pillar involves keeping a record of the mechanisms used to
silence advocates and the criminalization of Palestine solidarity work, not
only for archival purposes but also to track trends of repression. The
empowerment pillar involves working on campaigns of strategic litigation,
such as holding companies accountable for human rights violations, and
strengthening the Palestine solidarity movement.
*Diala Shamas*

Since the outset of the assault on Gaza, we have been in rapid response
mode. It's very hard to strike the right balance of focusing on repression
and making sure that people are protected as they speak out and also not
losing the focus on what's happening in Gaza and throughout Palestine. In
that regard, we have been really attentive to trying to offer language and
legal analysis about what the Israeli regime is doing to the Palestinian
people in Gaza. Not only have we reaffirmed that the Israeli regime’s
current assault constitutes genocide
<https://ccrjustice.org/israel-s-unfolding-crime-genocide-palestinian-people-us-failure-prevent-and-complicity-genocide>,
but we have also laid out US complicity
<https://ccrjustice.org/home/press-center/press-releases/rights-lawyers-release-legal-analysis-us-complicity-israel-s>
in that genocide.

Simultaneously, we have increased our work to support those who are doing
important advocacy in the US. For example, we have represented individuals
who have been contacted by the FBI for questioning, and we have fielded
calls from people across the country who are dealing with consequences in
their workplaces for speaking out against the genocide in Gaza. Relatedly,
Palestine Legal has been building a network of attorneys, largely with a
focus on experts in employment law, to help respond to these calls. We have
also been increasing our capacity to advise individuals facing doxxing
attacks, both in terms of personal safety as well as online reputation.

What has been really great to see is so many people within the legal
community reach out and ask how they can support.
*What advice would you give organizers at the moment—particularly those who
might be feeling apprehensive or fearful in light of this repression?* *Layla
Kattermann*

It is important that both individuals and the movement as a whole are not
intimidated into silence or inaction. The allegations and accusations that
politicians and the mainstream media use against the Palestine solidarity
movement are nothing new. I think we should therefore be confident enough
in countering and challenging them. It’s also important to remember that we
are stronger in numbers, as demonstrated in Berlin, where the masses defied
the police prohibition on protests. Of course, the authorities can still
resort to violence, but it’s important in these moments that people stick
together.

Now more than ever is the time to speak up and out against what is
happening. Not only is there a moral imperative in doing so, but it will
also enable you to connect with other like-minded people and organize
together. Smear and doxing campaigns usually aim to isolate a person from
support networks and wider society. Indeed, it is always easier to attack
one person rather than a group. Therefore, strength in numbers when it
comes to defying the current repression cannot be underestimated.
*Diala Shamas*

We must remind ourselves that, while we’re seeing an unprecedented scale in
repression, we're also witnessing an unprecedented amount of solidarity and
people speaking out against what's happening to Palestinians in Gaza. The
rise in repression is, in fact, in direct correlation with the growing
Palestine solidarity movement. In this moment, we cannot stop speaking out
and opposing genocide.

With this in mind, it’s also important to be cautious. We are all really
angry and outraged at what we are seeing and experiencing. We have seen
some of the most horrific images and videos coming out of Gaza, and the
sense of abandonment coupled with feelings of both rage and sadness is
overwhelming. In this climate, it is really difficult to remain
clear-headed and rational. This is when we see lapses in judgment that are
sometimes exploited by the other side. Yet as Palestinians and as advocates
for Palestinian rights, we cannot afford the luxury of a lapse in judgment
because it results in our energies and attention being diverted.

If one finds themselves in a situation where they are facing repression, it
is imperative to know your rights. In the US, if you are approached by any
authorities for an interview, you are entitled to decline and refer them to
your lawyer. Alternatively, you can take their number and have your lawyer
reach out to them. For legal representation, you can contact Palestine
Legal, the Center for Constitutional Rights, your local National Lawyers
Guild chapter <https://www.nlg.org/chapters/>, your local CAIR chapter
<https://www.cair.com/about_cair/cair-chapters/>, or your local ACLU
affiliate <https://www.aclu.org/affiliates>.

We must remind ourselves that, while we’re seeing an unprecedented scale in
repression, we're also witnessing an unprecedented amount of solidarity
<https://twitter.com/intent/tweet?url=https%3A%2F%2Fow.ly%2FAHVx50Qi0A7&text=We%20must%20remind%20ourselves%20that%2C%20while%20we%E2%80%99re%20seeing%20an%20unprecedented%20scale%20in%20repression%2C%20we%27re%20also%20witnessing%20an%20unprecedented%20amount%20of%20solidarity&via=AlShabaka&related=AlShabaka>Click
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If you are called into a meeting with your employer or your university
administration, try to get a legal consult before going into that meeting,
or don't go in alone. It is also important to document everything. This can
be in the form of notes or self-written emails, with timestamps of events
as they occur. It might also make sense to try to be preemptive and reach
out to your employer or your university administration to let them know
what is happening and make sure that they are hearing from you first and
not from those who are trying to smear you. Importantly, remember you're
not alone—if you can and are confident, speak out about the repression so
that you can find solidarity with others and vice versa.

Over the years, we’ve gone back and forth on the question of whether we
want to talk openly about how difficult it is to speak about Palestinian
rights, because we don't want to discourage folks from doing it. However,
we are well past this point—everybody knows that this kind of repression is
happening—so we now feel that speaking out actually draws support and
solidarity and can also build on political organizing. We've seen really
inspirational instances of activists coming together to support each other,
as well as professionals offering support to colleagues to find alternative
employment when someone's employment has been terminated. This kind of
solidarity is a really important way to build resilience in these moments
of heightened repression.
*Which legal resources would you suggest for people navigating this
repression?* *Layla Kattermann*

We have several resources available on the ELSC website that are also
country-specific and are aimed at educating people on their rights, because
much of the current repression is unconstitutional and unlawful. Certainly,
in many countries across Europe, the police are exercising unlawful
conduct. In those situations, it's always useful to record the police, to
register the officer and unit number, and to make the abuse or conduct
publicly known. As Diala said, one shouldn't deal with such repression
alone. From our experience, once publicized, people usually reach out and
offer support. Indeed, at the moment, we are seeing people really helping
each other and standing in solidarity with one another against this
pushback.

If you are in Europe, you can report to the ELSC. There are also a lot of
collectives of lawyers at the moment that are actively helping the
Palestine solidarity movement.
*Diala Shamas*

People in the solidarity movement across the US should familiarize
themselves with Palestine Legal's website. It has a range of resources
<https://palestinelegal.org/news/2023/10/12/resources-for-advocating-for-palestine-across-us>,
including on how to navigate doxxing and hostile environments on university
campuses. If someone is struggling with something specifically regarding
state repression, whether it's federal or local law enforcement, there are
a range of organizations that can support you. The organizations I
mentioned previously may be able to also refer you.

I'd also be remiss to not mention the importance of taking care of
yourself—to breathe and remember that you have a community, because these
small things allow us to continue our work. These are really, really
difficult times. We are all feeling it. But we don't have a choice other
than to continue speaking out. Indeed, the consequences might be difficult
for us here in the US or Europe, but the conditions are far worse for the
people in Gaza, as well as for those in the rest of colonized Palestine.

   1. This interview is not a substitute for legal advice. Please pursue
   guidance from legal counsel should you have questions pertaining to a
   specific case or incident.

This interview is not a substitute for legal advice. Please pursue guidance
from legal counsel should you have questions pertaining to a specific case
or incident.
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