• Source: Nakba Law

"Fundamentals of Finance – Amendment No. 40", sometimes referred to as the Nakba Law, is a 2011 Israeli law which received criticism for limiting freedom of speech pertaining to the founding of Israel and the Nakba. The law affects organizations which are funded, in whole or in part, by the government.
The law authorizes the Minister of Finance to withhold a limited amount of state funds from any government-funded institution or body that commemorates "Israel's Independence Day or the day on which the state was established as a day of mourning", or that denies the existence of Israel as a "Jewish and democratic state."
The amount of state funds withheld is related to the amount of money spent on the event, capped at three times the amount of money spent.




Background


The law was first proposed in 2008 by Alex Miller from the nationalistic party Yisrael Beiteinu, and preliminarily approved by the Ministerial Committee for Legislation on May 24, 2009. The proposal was rejected and sent to the Committee for Constitution, Law, and Justice for revision, where the proposed fine of ten times of the cost of the event was reduced to three times of the amount at the suggestion of David Rotem (Yisrael Beiteinu).
Thirty-seven members of the Knesset voted in favor of the law, and twenty-five voted against at the third reading of the Law. 58 out of 120 MKs did not show up for the vote, including Prime Minister Benjamin Netanyahu.




Provisions


The law affects organizations which are funded, in whole or in part, by the Israeli government.
It declares that the Minister of Finance is authorized to withhold transfer of state funds, if the primary goal of the funds spent was to do one of the following:

Denying the existence of the State of Israel as a Jewish and Democratic State
Incitement of racism, violence, or terrorism
Supporting armed conflict or acts of terror, of an enemy state or a terror organization, against the State of Israel
Referring to the Israeli Independence Day or the founding day of the country as a day of mourning
An act of vandalism or physical debasement of the flag or symbols of the state




Effects


The decision of the law was criticised by the human rights organisation Human Rights Watch and the United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank William La Rue also by Israeli NGOs like the Israel Democracy Institute, as an infringement of freedom of expression.
In 2019, Tel Aviv University cancelled a lecture by the politician Ofer Cassif, citing the law as the reason. This was the first instance of an academic institution heeding this law.




= Citations

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= Bibliography

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Gutman, Yifat (2016). "Memory Laws: An Escalation in Minority Exclusion or a Testimony to the Limits of State Power?". Law & Society Review. 50 (3): 575–607. doi:10.1111/lasr.12221.
Gutman, Yifat; Tirosh, Noam (2021). "Balancing Atrocities and Forced Forgetting: Memory Laws as a Means of Social Control in Israel". Law & Social Inquiry. 46 (3). Cambridge University Press: 705–730. doi:10.1017/lsi.2020.35. S2CID 234091285. This article incorporates text from this source, which is available under the CC BY 4.0 license.
Kapshuk, Yoav; Strömbom, Lisa (2021). "Israeli Pre-Transitional Justice and the Nakba Law". Israel Law Review. 54 (3). Cambridge University Press: 305–323. doi:10.1017/S0021223721000157. This article incorporates text from this source, which is available under the CC BY 4.0 license.

Kata Kunci Pencarian:

• Penyangkalan Nakba
• Nakba
• Tuduhan genosida Palestina
• Genosida Gaza
• Aref al-Aref
• Arsip
• Pemindahan penduduk
• Israel dan terorisme yang disponsori negara
• Nakba Law
• Nakba
• Nakba Day
• Nakba denial
• Ongoing Nakba
• The Holocaust and the Nakba
• Ilan Pappé
• 1948 Palestinian expulsion and flight
• Columbia Law Review
• Memory law