Landmark decision on boycott law

In a landmark decision handed down in April, Avneri v. The Knesset, HCJ 5239/11, the Israeli Supreme Court upheld the bulk of the Anti-Boycott Law while striking down one important provision. That law, passed in 2011, empowers the finance minister to fine, withhold funding from, or bring suits for damages against Israeli NGOs that call for boycotts of businesses in Israel. In a 9-0 decision, the Court declared constitutional the minister’s power to fine or withhold funding, and, by an 8-1 vote, it upheld the minister's authority to sue.  A more divided Court ruled, 5-4, that such lawsuits were constitutional even if brought against NGOs calling for boycotts of Israeli settlements in the West Bank.  The dissenters, endorsing the view of the plaintiff, journalist Uri Avneri, argued that the ongoing debate about whether Israel should retain control over the West Bank makes calls for such boycotts legitimate speech and not a threat to Israel’s existence.  Finally, all nine Justices agreed that a provision allowing punitive damages in lawsuits by the government against NGOs calling for boycotts was unconstitutional.

A translation of the full (and lengthy) opinions will be available later this year.  In the meantime, a summary can be read here.