Labour is censoring Israel’s critics – we’re stepping up

What should students be able to say about the actions of the government of Israel, which international courts and bodies have described as genocidal?

Not very much, says Labour. We know about its proscription of Palestine Action – it’s fine to say you support the genocide but you can’t say you support Palestine Action which opposes it.

A report whose methodology has been vigorously criticised has recommended that schools adopt a particular definition of anti-semitism, the IHRA definition, that narrowly constrains the types of criticisms which can legitimately be made against Israel. Even the High Court has a problem with that definition – observing that things have changed since 2016 when it was drawn up.

That definition lists eleven examples of “antisemitism”, some of which include making criticisms of the State of Israel. And yet, Labour has said it will “encourage” teachers and students to adopt it.

So, students whose family members have been killed by Israel’s destruction of large parts of Gaza will not be able to say Israel is a racist state or that its actions are reminiscent of the Shoah – the genocide carried out against Jews?

At Good Law Project we think it is not merely important to protect the space to advance vigorous criticisms of Israel’s appalling actions – we think those criticisms are necessary in a moral society.

We also think Labour’s actions are unlawful.

We’ve written to the government setting out our proposed grounds of challenge based on the information we presently have – and are seeking more information. We are in talks with Palestinian parents and students, as well as academics, and are aware of huge concerns held by families and students in schools. We will update with more details very soon.

Whether we sue depends on what the UK Government says, but if we do not sue we will share any surplus equally between the Magical Breakfast and Medical Aid for Palestinians.

Schools have legal duties not to promote partisan political views and to present a balanced range of opposing views when political issues are brought to pupils. They also have duties to protect free expression.

Yet we live in a bizarre world where a Labour government enacts laws that oblige universities to host far right racists – but stops young people from advancing legitimate criticisms of a country engaged in genocide. We say, enough.