Ever since Israeli justice minister Yariv Levin unveiled the judicial overhaul at a press conference on January 4, 2023, the Israeli Bar Association has been at the forefront of the battle against anti-democratic and corrupt legislation – in Knesset debates, in the High Court of Justice, in the media, and in the public protests taking place in the streets. Because of its stance against the overhaul, the government attempted to thwart attorney Amit Becher’s victory in the bar association elections and even pushed through legislation stripping the Bar of its place on the Judicial Selection Committee, as well as a law enabling the government to intervene in the dues the bar collects and how they are used.

From the start, the judicial overhaul has been driven by two forces: prime minister Benjamin Netanyahu’s personal interest in halting the criminal proceedings against him, and the far right’s interest in weakening democratic institutions in order to consolidate a far-right Kahanist regime – in other words, to establish a Kahanist dictatorship.

On December 3, the bar failed in its collaboration with the Kahanist “engine” of the overhaul when it decided to suspend attorney Maha Igbaria for a year over her Facebook posts on October 7. On the morning of the massacre, she posted “Good morning Gaza” accompanied by a white heart emoji and a Palestinian flag. The next day, she wrote: “Let me save you the trouble — I’m Palestinian, let’s start with that. Even if I’m your friend, I have always been and will always be on my people’s side, wherever they are, and in any form of resistance they choose as a legitimate response to occupation, siege and apartheid. And I’m definitely not going to answer your attempts to put me in the position of the questioned, the investigated, the explainer, or the condemner.”

These posts are open to interpretation. Igbaria clarified in the disciplinary proceedings that she did not support the massacre; the first post, she said, was meant to express solidarity with people of the Gaza Strip, and the second was intended as a response to those demanding that she condemn Hamas. It is worth noting that while Jews in Israel were not required to condemn the killing, starvation and destruction caused by Israel during the war – and those who did condemn were often branded in the media and social media as “traitors” – Arab citizens were collectively suspected of supporting Hamas and the massacre, and were repeatedly asked to issue condemnations, whose sincerity was doubted in advance.

If Igbaria ’s posts had been unequivocal, the Ethics Committee would not have needed to parse their wording or context. The committee chose to interpret them as “expressions of ‘understanding,’ granting legitimacy, and containing identification with a murderous and large-scale act of terror,” and therefore as conduct unbecoming of an attorney and harmful to the profession’s dignity.

Since this is ultimately a matter of interpretation, the committee could have ruled differently. Instead, it has paved the way for disciplinary proceedings against countless Arab attorneys who, since the war began, have posted comments online that might be interpreted one way or another. If the Bar does not prosecute them all to the end – effectively purging Arab attorneys in accordance with Rabbi Kahane’s rules of racial segregation – right-wing organisations, government ministers and coalition Members of Knesset will claim that the Bar supports terrorism and shelters terror supporters. This will provide yet another pretext for Minister Levin’s campaign to dismantle the Bar Association.

This trajectory will not stop with Arab attorneys. It will extend to Jewish attorneys representing protesters and opposition activists against the government, many of whom have made statements that, under a broad interpretation, could be deemed as conduct unbecoming of an attorney and harmful to the profession’s dignity.

Israel would not be inventing anything new, but merely following in the footsteps of the dictatorship in Vietnam, considered one of its major allies in Southeast Asia. There, lawyers representing human-rights and pro-democracy activists are harassed and threatened by security forces, and their licenses are often revoked. For example, the license of renowned human-rights lawyer Vo An Don was revoked. Attorney Nguyen Van Dai was convicted and sentenced to 15 years in prison after publicly speaking out against human-rights violations.

This is why any Israeli attorney who is angry or pained by Igbaria’s posts should understand: failing to oppose her suspension may mean that you will be next.

Eitay Mack is a human rights lawyer and activist based in Jerusalem.