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Abstract

The right to freedom of expression is currently facing a global crisis unleashed by the conflict in Gaza. The conflict has led to a high polarisation of public opinion, with opposing factions supporting either Israel's actions or the Palestinian cause. Yet, the right to freedom of expression of Palestinian activists and their supporters is facing systematic suppression worldwide. In this column, I shed light on how state and non-state actors have been active vehicles for the restriction of the right to freedom of expression by targeting voices in support of the Palestinian cause and I consider the application and scope of the right to freedom of expression in this context. The column concludes that the failure to protect the right of Palestinians to have their voices heard contributes to the erosion of our collective right to freedom of expression and has wider repercussion on the promotion and protection of human rights more generally.

Keywords

Freedom of expression, Gaza, peaceful protests, media freedom, academic freedom‌, International Law Department, Geneva Graduate Institute, Geneva, Switzerland

1. INTRODUCTION

Since 7 October 2023, the right to freedom of expression has been severely restricted worldwide. Irene Khan, current UN Special Rapporteur on Freedom of Opinion and Expression, has depicted the current situation as ‘a global crisis of freedom of expression’ unleashed by the conflict in Gaza.1 The threats to the exercise of this fundamental human right have been so extensive and granular that, for instance, in early October 2024, a beekeeper was fined in Italy for merely having exposed a banner at his market stall reading ‘Stop bombing Gaza – stop genocide’.2 Despite the fact that the International Court of Justice has confirmed that what we see on our screens and read about in the newspapers (which cannot even fully reflect the reality that Palestinians in Gaza and the West Bank face every day) may amount to a real and imminent risk of genocide already in January 2024,3 the right to freedom of expression of Palestinian activists and their supporters is severely restricted, especially in North America and Europe.

It has been commented that ‘rarely has a conflict challenged freedom of opinion and expression so broadly and so far beyond its borders’.4 As a result, in this column I shed light on how both state and non-state actors have been active vehicles for the restriction of the right to freedom of expression in the context of the conflict in Gaza by targeting voices in support of the Palestinian cause in different ways. I then consider the application and scope of the right to freedom of expression in this context and I draw some conclusions on the wider implications that restrictions imposed on freedom of expression bear for the protection and promotion of human rights more generally.

2. SILENCING THE PALESTINIAN CAUSE: THE ROLE OF STATE AND NON-STATE ACTORS

Since the beginning of the conflict in Gaza, public opinion has become highly polarised, with opposing factions supporting either Israel's actions or the Palestinian cause. Yet, Palestinian voices and their supporters have faced systematic suppression, with both states and non-state actors actively taking measures to silence their positions.

Protests in support of the Palestinian cause have been severely restricted in many countries across the world, often on the grounds that these measures are necessary to protect public order and security, to counter “support of terrorism”, and/or to “prevent antisemitism”. Governments, and Western ones in particular, have imposed specific restrictions, blanket bans or pre-emptive bans on demonstrations in support of Palestine.5 Additionally, law enforcement officials have often resorted to excessive use of force and arbitrary detention to disrupt the protests.6 Although in some instances these protests have seen incidents of violence or vandalism, oftentimes the imposed restrictions have been disproportionate. In Germany, for instance, public authorities have imposed pre-emptive bans on several solidarity gatherings in support of Palestinians, based on concerns for ‘public security’, a need to prevent the ‘public celebration of the Hamas terrorist attacks’ of 7 October 2023, and ‘the increase in antisemitic attacks’ in the country.7 These decisions, however, were often grounded on ‘unspecified risks of “inciting, antisemitic exclamations, glorification of and incitement to violence, and acts of violence”’.8 In Italy, protests have been met with excessive use of force by police. For instance, during a protest organised in Pisa in February 2024, riot police and police vehicles were deployed against protesters to block the route to the university square, where participants were directed. In an effort to prevent the participants to reach the square, police charged forward and hit students with batons.9 The disproportionate response by law enforcement led to an unprecedented statement by Italian President of the Republic Sergio Mattarella, who criticised the policing of the protest.10

These restrictions have not been limited to public demonstrations. Academic freedom, in fact, has also faced severe challenges. In many university campuses across the world, students have set up encampments, in solidarity with the Palestinian people, to call for a ceasefire as well as to demand that their universities divest from corporations profiting from the conflict and occupation of the Palestinian territories.11 However, these initiatives have also been met with restrictions: university administrations and local authorities have forcibly removed the encampments, often employing excessive use of force and arbitrarily arresting protestors.12 Students who have participated in the protests have even faced disciplinary measures: as underscored by the UN Special Rapporteur on Freedom of Expression, these have included ‘suspension, possible expulsion, eviction from campus housing and the threat of deportation of some foreign students, which could jeopardize their scholarships and future careers’.13 Universities have also increasingly cancelled and even prohibited the holding of events on Israel and Palestine. The recent suspension of a planned event with Francesca Albanese, current UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 by the University of Munich14 and by the Free University of Berlin15 are only the latest example in a long list of events on Palestine canceled by universities across the globe.16

Journalists, and the media more generally, have been subjected to an unprecedented level of attacks. Israel has not only denied access to Gaza to foreign press,17 thereby preventing proper reporting from the ground, but those journalists with access to Gaza have been deliberately killed or arbitrarily detained: according to the Committee to Protect Journalists, as of 3 February 2025, 167 journalists and media workers were confirmed killed (159 Palestinian, 2 Israeli, and 6 Lebanese), 49 journalists were reported injured, 2 journalists were reported missing, and 75 journalists were reported arrested.18 Under international humanitarian law, the deliberate killing of journalists is prohibited and the killing of civilians is a war crime.19 Israel has also banned Al-Jazeera20 and raided its offices.21 Recently, the Israeli government has additionally sanctioned the newspaper Haaretz and banned government funding bodies from communicating or placing advertisements with the newspaper on the grounds that Hareetz published ‘many articles that have hurt the legitimacy of the state of Israel and its right to self-defence, and particularly the remarks made in London by Haaretz publisher Amos Schocken that support terrorism and call for imposing sanctions on the government.’22 Additionally, the Israeli government relies on a military censor, which is empowered to fully or partially redact any article dealing with “security issues”: in 2023, 613 articles were barred from publication, and 2,703 articles were redacted.23

Traditional and social media have also played a huge role in censoring pro-Palestinian content. While journalists reporting from Gaza and the West Bank have been silenced by Israel, a worrying majority of media outlets from North America and Europe have consistently failed to perform their watchdog role and speak truth to power: newspaper headlines and TV shows have regularly dehumanised Palestinians,24 and their coverage of the situation in Gaza has consistently employed wording that contributes to the creation a “normality” where, as also underscored by Fuad Zarbiyev, Palestinian lives are not as grievable as Israeli ones.25

Social media platforms have played a crucial role in providing real-time information about the situation in Gaza. This is especially so given that, as mentioned, Israel has severely restricted foreign media access. Nonetheless, despite their crucial role for providing access to information on the situation in Gaza, social media platforms have also significantly contributed to censoring Palestinian content, either because of their inadequate and biased content moderation systems, or following governmental requests for content removal. A human rights due diligence exercise reviewing the impact of Meta's policies and activities during the May 2021 crisis in Israel and Palestine confirms that Meta's policies and practices have resulted in biased outcomes which have specifically impacted Palestinian and Arabic speaking users.26 For instance, the report revealed that Arabic content had greater over-enforcement, meaning that platforms were erroneously removing Palestinian voices.27

While platforms’ content moderation systems already disproportionately restrict Palestinian voices, governmental requests for content removal further exacerbate the issue. As reported by Human Rights Watch, between 7 October and 14 November 2023 alone, Israel's Cyber Unit sent social media platforms 9,500 content takedown requests, 60% of which went to Meta, and platforms overwhelmingly complied with these requests in 94% of cases.28 Content that was shared in support of the Palestinian cause was frequently removed by social media platforms, including the slogan “From the River to the Sea, Palestine will be Free”. Although this slogan has been meant and interpreted by many as a peaceful call for the right to self-determination of Palestinians,29 it has been removed by the platforms.30 The slogan has even been criminalised or sanctioned in some countries.31

Taken together, this range of measures represent a substantial and highly problematic attack on the right to freedom of expression and access to information and, in turn, to the promotion and protection of human rights more generally. I will now set out the application and relevance of the contours of this right in this context.

3. THE RIGHT TO FREEDOM OF EXPRESSION

The right to freedom of opinion and expression is protected by article 19 of the Universal Declaration of Human Rights (UDHR) and of the International Covenant on Civil and Political Rights (ICCPR),32 as well as under article 10 of the European Convention on Human Rights (ECHR).33 Additionally, article 20 of the ICCPR prohibits ‘any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence’.34 The right to freedom of expression also includes the ‘freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice’.35 Freedom of expression is integral to the enjoyment of the rights to freedom of assembly and association,36 protected under article 20 of the UDHR, article 21 of the ICCPR37 and article 11 of the ECHR.38 Crucially, for the right to freedom of expression to be restricted, such restriction must meet three cumulative criteria: (1) it must be provided by law; (2) it must pursue a legitimate aim (the respect of the rights or reputations of others or the protection of national security or of public order, or of public health or morals); and (3) the restriction must be necessary and proportionate for pursuing such aim.39 Because the right to freedom of expression is considered to be an enabler for the exercise of other fundamental rights,40 any restriction must be construed narrowly so as not to impair its exercise.

Restrictions to freedom of expression, even when pursuing the legitimate aims of protecting the rights of others (for example, the right to non-discrimination of Jewish people and the fight against antisemitism) or public order, need to be proportionate. The rise of antisemitism, Islamophobia and anti-Palestinian racism requires all states to take the necessary measures to protect Jews, Muslims, Palestinians and Arabs from discrimination and hate speech. However, oftentimes restrictions to freedom of expression have relied upon a definition of “antisemitism” which is, in itself, contrary to international human rights law. Many governments rely, in fact, on the working definition of antisemitism provided by the International Holocaust Remembrance Alliance.41 This definition is overly broad, does not contain the element of “incitement”, and conflates criticism of the state of Israel with antisemitism, therefore contravening the right to freedom of expression since international human rights law allows for criticism of all states.42 The reliance by many governments on this working definition has been considered as a ‘politically motivated instrumentalization of the fight against antisemitism’,43 primarily harming Palestinians and human rights defenders advocating on their behalf.44 As also underscored by Irene Khan, ‘[t]he central conceptual flaw of the “working definition” is the inherent conflation of Zionism, a political ideology, with antisemitism’, which results in “the suppression of legitimate criticism of Israel, not the enhancement of protection of Jews from racial and religious hatred and intolerance”.45

The disruption or prohibition of peaceful protests through the means of excessive use of force, the forcible removal of peaceful student encampments, or even the prohibition of events addressing the topic of Palestine or criticising the state of Israel's actions without it being necessary and proportionate for pursuing a legitimate aim cannot be considered measures in compliance with international human rights law. As also underscored by the UN Human Rights Committee and the Special Rapporteur on the right to Freedom of Assembly and Association, isolated instances of violent conduct are not sufficient to taint an entire assembly as non-peaceful46 and ‘[w]here isolated instances of violence take place in the context of a protest, law enforcement personnel must make all efforts to locate and remove the violent individuals, to allow other protesters to exercise their rights to assemble peacefully and express themselves’.47

Likewise, the attacks on journalists and on media freedom violate everyone's right to freedom of expression and to access to information and, in some instances, they also contravene international humanitarian law. These violations become even more troublesome given the ‘allegations of targeted attacks on media as part of a strategy to cover up evidence of war crimes’.48

At the same time as governments are violating their own obligations under international human rights law, corporate entities such as traditional media and social media are acting in contravention of their own responsibility to respect human rights. By virtue of the UN Guiding Principles on Business and Human Rights, ‘[b]usiness enterprises should respect human rights’, meaning that “they should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved”.49 As such, both traditional media and social media platforms should ensure that their business activities do not infringe on the rights to freedom of expression and access to information. This would include ensuring that reporting does not perpetuate double standards and that content moderation systems do not disproportionately censor Palestinian content.

Precisely because the exercise of the right to freedom of expression and access to information acts as a catalyst for the exercise of other fundamental rights, its restriction has wider repercussion on the promotion and protection of human rights more generally. Not only the right to freedom to peaceful assembly is also heavily impacted, but, more crucially, the right to self-determination of Palestinian people is also affected. The blanket ban on the use of Palestinian symbols is but one example of the impact that restrictions on the right to freedom of expression have on the Palestinian right to self-determination. The lack of proper protection of the right to freedom of expression also results in the failure to shed light on a variety of human rights violations that Palestinians are subjected to everyday in the Occupied Palestinian Territories, including the right to life and the right to be free from torture and inhuman and degrading treatment.50

4. CONCLUSION

That a beekeeper is fined for exposing a banner calling for the end of a genocide, that students lose their scholarship or visas for calling on their government to demand a ceasefire and on their university to divest from corporations profiting from the conflict and occupation, that a professor is prevented from giving a lecture about Gaza in a university premise, that our governments respond to student peaceful protests with violence – these are issues that should concern each of us. Each of these restrictions, when failing to comply with the standards of legality, legitimacy, necessity and proportionality (as set out in international human rights law), violates our fundamental right to freedom of expression.

The right to freedom of expression is considered to be an enabler to the exercise of other fundamental rights. As reiterated by the UN Special Rapporteur on Freedom of Expression, ‘the genocide in Gaza, the violation of human rights in the occupied Palestinian Territory and the failure of Israel to respect its international legal obligations, including the occupation of Palestinian territory, are matters of global public interest’.51 By failing to stand up for the exercise of our right to freedom of expression in support of the Palestinian cause, and by failing to demand accountability from those actors who consistently violate it, we contribute to its erosion. And by failing to stand up for the rights of Palestinians, including their right to have their voices heard, we fail to stand up for human rights.

Declaration of conflicting interests

The author declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.

Funding

The author received no financial support for the research, authorship, and/or publication of this article.

Notes

1. Irene Khan, Global threats to freedom of expression arising from the conflict in Gaza - Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression 2024 [A/79/319] para 1.

2. Federico Berni, ‘Striscione pro Palestina al mercato di Desio, arrivano i carabinieri: multa di 430 euro all’apicoltore’ Corriere della Sera (16 October 2024) <https://milano.corriere.it/notizie/lombardia/24_ottobre_16/striscione-pro-palestina-al-mercato-di-desio-arrivano-i-carabinieri-multa-di-430-euro-all-apicoltore-7c08956e-a16b-4070-a1e7-93b3c5b31xlk.shtml> accessed 3 February 2025.

3. Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v Israel) (International Court of Justice). See also, Francesca Albanese, Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 - Anatomy of a genocide 2024 [A/HRC/55/73].

4. Khan (n 1) para 1.

5. ibid 34.

6. ‘Europe: Under Protected and Over Restricted: The State of the Right to Protest in 21 European Countries’ (Amnesty International, 2024) <https://www.amnesty.org/en/documents/eur01/8199/2024/en/> accessed 3 February 2025.

7. ibid 97.

8. ibid, emphasis added.

9. ibid 98.

10. ibid.

11. Khan (n 1) para 40; Michael Williams, ‘Pro-Palestinian Student Protests around the World – in Pictures’ the Guardian (7 May 2024) <https://www.theguardian.com/world/gallery/2024/may/07/pro-palestinian-student-protests-around-the-world-in-pictures> accessed 3 February 2025.

12. Khan (n 1) para 41.

13. ibid 42.

14. Francesca Albanese, UN Special Rapporteur oPt [@FranceskAlbs], ‘The University of Munich Has Canceled My Talk, a Decision I Hope They Will Reconsider. If Not, I Look Forward to Seeing You Elsewhere, German Friends. May Freedom of Expression and Your Right to Be Informed Prevail. @LMU_Muenchen’ <https://x.com/FranceskAlbs/status/1885703501516267743> accessed 4 February 2025. On how anti-Palestinian racializing processes and repression operate within a framework of liberal freedom in German education, see Anna Younes and Hanna Al-Taher, ‘Erasing Palestine in Germany's Educational System: The Racial Frontiers of Liberal Freedom’ (2024) 33 Middle East Critique 397.

15. ‘Statement Regarding the Planned Public Lecture and Discussion with Francesca Albanese and Eyal Weizman on February 19, 2025’, Freie Universität Berlin (12 February 2025) <https://www.fu-berlin.de/en/presse/informationen/fup/faq/nahost/wissenschaftliche-veranstaltung/index.html> accessed 24 February 2025. On the gravity of these actions for academic freedom, see Isabel Feichtner, ‘Where Is Our Outcry?' (Verfassungsblog, 19 February 2025) <https://verfassungsblog.de/where-is-our-outcry/> accessed 24 February 2025; Khaled El Mahmoud, ‘Special Editorial: A Nation in Crisis: The Suppression of Academic Freedom and the Rise of Ideological Conformity’ (Völkerrechtsblog, 21 February 2025) <https://voelkerrechtsblog.org/special-editorial-a-nation-in-crisis/> accessed 24 February 2025.

16. See, for example, Vimal Patel and Anna Betts, ‘Campus Crackdowns Have Chilling Effect on Pro-Palestinian Speech’ The New York Times (17 December 2023) <https://www.nytimes.com/2023/12/17/us/campus-crackdowns-have-chilling-effect-on-pro-palestinian-speech.html> accessed 4 February 2025; ‘Harvard Medical School Cancels Class Session With Gazan Patients, Calling It One-Sided’ The Harvard Crimson (22 January 2025) <https://www.thecrimson.com/article/2025/1/23/hms-cancels-gaza-patient-panel/> accessed 4 February 2025.

17. ‘Open up Access to Gaza and Protect Journalists’ Le Monde (29 October 2023) <https://www.lemonde.fr/en/opinion/article/2023/10/29/open-up-access-to-gaza-and-protect-journalists_6212695_23.html> accessed 4 February 2025.

18. ‘Journalist Casualties in the Israel-Gaza War’ (Committee to Protect Journalists, 3 February 2025) <https://cpj.org/2025/02/journalist-casualties-in-the-israel-gaza-conflict/> accessed 4 February 2025.

19. Under art. 79 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) (signed on 12 December 1977, entered into force on 7 December 1979) 1125 UNTS 3. “Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1”; Rome Statute of the International Criminal Court (adopted 17 July 1998, entered into force 1 July 2002) 2187 UNTS 3, art 8(2).

20. Al Jazeera Staff, ‘Israel Bans Al Jazeera: What Does It Mean and What Happens Next?’ Al Jazeera (6 May 2024) <https://www.aljazeera.com/news/2024/5/6/israel-bans-al-jazeera-what-does-it-mean-and-what-happens-next> accessed 4 February 2025.

21. ‘Israel Raids and Shuts down Al Jazeera's Bureau in Ramallah in the West Bank’ AP News (22 September 2024) <https://apnews.com/article/israel-palestinians-al-jazeera-gaza-war-hamas-4abdb2969e39e7ad99dfbf9caa7bb32c> accessed 4 February 2025.

22. ‘Israel Sanctions Haaretz Due to Articles That “Hurt” Israeli State’ Al Jazeera (24 November 2024) <https://www.aljazeera.com/news/2024/11/24/israel-sanctions-haaretz-due-to-articles-that-hurt-israeli-state> accessed 4 February 2025.

23. Amjad Iraqi, ‘Israeli Military Censor Bans Highest Number of Articles in over a Decade’ +972 Magazine (20 May 2024) <https://www.972mag.com/israeli-military-censor-media-2023/> accessed 4 February 2025.

24. The dehumanisation of Palestinians in traditional media is a longstanding phenomenon. See, for example, Laura Albast and Cat Knarr, ‘Opinion | How Media Coverage Whitewashes Israeli State Violence against Palestinians’ Washington Post (28 April 2022) <https://www.washingtonpost.com/opinions/2022/04/28/jerusalem-al-aqsa-media-coverage-israeli-violence-palestinians/> accessed 4 February 2025.

25. Fuad Zarbiyev, ‘“What about October 8? What about October 9? What about October 10? What about October 11?” On the Grievability of Palestinian Lives’, Geneva Graduate Institute (14 October 2024) <https://www.graduateinstitute.ch/communications/news/the-grievability-of-palestinian-lives> accessed 4 February 2025.

26. ‘Human Rights Due Diligence of Meta's Impacts in Israel and Palestine | Reports | Sustainable Business Network and Consultancy’, BSR (22 September 2022) <https://www.bsr.org/en/reports/meta-human-rights-israel-palestine> accessed 4 February 2025.

27. ibid 5.

28. Rasha Younes, ‘Meta's Broken Promises’, Human Rights Watch (21 December 2023) <https://www.hrw.org/report/2023/12/21/metas-broken-promises/systemic-censorship-palestine-content-instagram-and> accessed 4 February 2025.

29. Ellen Ioanes, ‘“From the River to Sea,” the Phrase Used amid the Israel-Hamas War, Explained’ Vox (24 November 2023) <https://www.vox.com/world-politics/23972967/river-to-sea-palestine-israel-hamas> accessed 17 February 2025.

30. Human Rights Watch has found that “[i]In hundreds of cases, th[e] slogan [“From the River to the Sea”], as well as comments such as “Free Palestine,” “Ceasefire Now,” and “Stop the Genocide,” were repeatedly removed by Instagram and Facebook under “spam” Community Guidelines or Standards without appearing to take into account the context of these comments.”, ibid 27.

31. See, for example, Federal Ministry of the Interior, “Announcement of a ban on associations in accordance with Section 3 of the Association Act Ban on the association ‘HAMAS (Harakat al-Muqawama al-Islamiya)” in German), 2 November 2023, available at <https://www.bundesanzeiger.de/pub/publication/M0JVrk5Qop55DhqscjE/content/M0JVrk5Qop55DhqscjE/BAnz%20AT%2002.11.2023%20B10.pdf?inline>

32. International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171, art 19.

33. Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, as amended) (ECHR), art 10.

34. International Covenant on Civil and Political Rights (n 32), art 20.

35. ibid 19(2).

36. Human Rights Committee, ‘General Comment No. 34, Article 19, Freedoms of Opinion and Expression’ (2011) CCPR/C/GC/34 para 4.

37. International Covenant on Civil and Political Rights (n 32), art 21.

38. Convention for the Protection of Human Rights and Fundamental Freedoms (n 33), art 11.

39. International Covenant on Civil and Political Rights (n 32), art 19(3).

40. Frank La Rue, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression 2011 [A/HRC/17/27] para 22.

41. Khan (n 1) para 79.

42. ibid, para 80.

43. Tendayi Achiume, Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance - Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, E. Tendayi Achiume 2022 [A/77/512] para 71.

44. ibid 76.

45. Khan (n 1) para 81.

46. Human Rights Committee, ‘General Comment No. 37, (2020) on the Right of Peaceful Assembly (Article 21)’ (2020) CCPR/C/GC/37 para 19; Clément Voule, Protection of human rights in the context of peaceful protests during crisis situations - Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Clément Nyaletsossi Voule 2022 [A/HRC/50/42] para 40.

47. Voule, (n 46), para 40.

48. Khan (n 1) paras 17 & 89.

49. OHCHR, ‘Guiding Principles on Business and Human Rights - Implementing the United Nations “Protect, Respect and Remedy” Framework’ (2011) HR/PUB/11/04 Principle 11.

50. OHCHR, ‘Israel's Escalating Use of Torture against Palestinians in Custody a Preventable Crime against Humanity: UN Experts’ (5 August 2024) <https://www.ohchr.org/en/press-releases/2024/08/israels-escalating-use-torture-against-palestinians-custody-preventable> accessed 18 February 2025; Amnesty International, ‘Israel/OPT: Horrifying Cases of Torture and Degrading Treatment of Palestinian Detainees amid Spike in Arbitrary Arrests’ (8 November 2023) <https://www.amnesty.org/en/latest/news/2023/11/israel-opt-horrifying-cases-of-torture-and-degrading-treatment-of-palestinian-detainees-amid-spike-in-arbitrary-arrests/> accessed 18 February 2025.

51. Khan (n 1) para 88.

*This column is based and expands upon a short article previously published on the Geneva Graduate Institute website, available here https://www.graduateinstitute.ch/communications/news/silenced-voices-freedom-expression-gaza

Corresponding author(s):

Stefania Di Stefano, International Law Department, Geneva Graduate Institute, Geneva, Switzerland. Email: stefania.distefano@graduateinstitute.ch