The Palestinian Flag: Frequently Asked Questions
- ACRI
- May 12
- 4 min read
With the recent news about the police harassing and arresting individuals displaying the Palestinian flag—or, in one case, a demonstrator holding the Hungarian flag, which the police determined was too similar to the Palestinian flag—here are some of the most frequently asked questions about the right to freedom of expression and displaying the Palestinian flag:
Can the Palestinian flag be displayed in Israel?
Yes. There is no law in Israel that prohibits the Palestinian flag from being displayed. Displaying any flag is a form of expression, and freedom of expression enjoys broad protections in the State of Israel. The Supreme Court ruled that the right to expression may not be restricted unless there is a danger that it will cause significant harm to public safety. Freedom of political expression, which includes waving a national flag, enjoys the maximum legal protection, due to its vital role in the existence of a democracy, its social importance, and the increased danger of harassment relative to other forms of expression.
Where may the Palestinian flag be displayed?
Everywhere. The flag may be brought to demonstrations, hung on homes, embroidered and printed on bags, and branded on items of clothing. The Palestinian flag has even been displayed in the Knesset in official meetings between government and Knesset members with representatives of the Palestinian Authority.
What is the Palestinian flag?
The Palestinian flag is the flag of the Palestinian nation, whether based in Israel, the occupied territories, or throughout the world. It has been recognized as a symbol of Palestinian individual and collective identity since the start of the 20th century; it was later adopted by the PLO and subsequently became the flag of the Palestinian Authority. Following the Madrid Conference and the Oslo Accords in 1993, which formalized relations between Israel and the PLO, and later with the Palestinian Authority, Israel’s Attorney General declared that there was no public interest in instituting criminal proceedings against those who displayed the flag. This was reinforced by the Attorney General in 2014, who also stated that the flag may be removed solely when “there exists a high level of probability that waving the flag will lead to a severe breach of public peace” or when “there exists genuine suspicion that waving the flag will constitute an offense in identifying with, or supporting, terrorist organizations.” In doing so, the Attorney General adopted the strictest assessments established in the ruling regarding restrictions on freedom of expression.
Won't displaying the Palestinian flag harm public sentiment?
Maybe. But a ban on waving the flag may also harm public sentiment. Regardless, harming public sentiment is not a sufficient reason to ban displaying a flag or otherwise restrict other forms of expression. Freedom of expression does not solely apply to expressing popular opinions. Its true test lies in defending opinions and positions that may be outrageous, infuriating, and unpopular. In a broad ruling, the Supreme Court rejected restrictions on freedom of expression by claims of harm to public sentiment, declaring that “A socially pluralistic society must allow for the exchange of views, even if it harms sentiment among those who oppose those same views. Hurt or offended feelings may be an inevitable consequence of the free exchange of opinions and ideas in a democratic society” (HCJ 2194/06 Shinui Party v. Chair of the Central Election Committee).
What is the court’s stance on displaying the Palestinian flag?
As early as 1994, the Supreme Court rejected a petition seeking to prosecute those who waved the Palestinian flag and remove them from the public sphere (HCJ 5883/93 Yahalom v. Israel Police Commissioner). In 2003, the Supreme Court recognized the national significance of the flag as a sign of Palestinian identity, and revoked the Central Election Committee Chair’s decision to omit sections of the United Arab List and National Democratic Alliance’s campaign broadcasts in which the Palestinian flag was displayed. In its ruling, the Court determined that it would only be permissible to restrict the flag’s display in broadcasts if it were presented in a manner that may cause genuine, deep, and grave harm to public sentiment in Israel among those who might watch the broadcasts, especially those harmed by acts of terror” (HCJ 651/03 ACRI v. Chair of the 16th Knesset’s Central Election Committee). In 202,1in a hearing on a police request to pursue the arrest of a demonstrator who waved the Palestinian flag, the Magistrate’s Court ruled that “waving the Palestinian flag does not constitute an offense per Israel’s book of laws,” and ordered the demonstrator’s release (Bail Hearing Request 334146-09-21 State of Israel v. The Marshal).
So why do the police harass those displaying the Palestinian flag?
Because they are mistaken and driven by misconceptions, some of which are racist. The fact that they are under the auspices of the racist and extremist Minister of National Security, Itamar Ben Gvir, does not help matters. Although Article 82 of the Police Ordinance authorizes police to prohibit flags from being displayed if they cause “a breach of peace,” in accordance with regulations on freedom of expression, the Attorney General has already ruled that sanctions under this article may be applied only when there is “a high level of probability that waving the flag will lead to a significant breach of public peace.” These concerns must be well-founded and not speculative. In the vast majority of cases in which the police confiscated flags from demonstrators, there were no such concerns.