Palestinian Authority President Issues Decree: Denying Nakba A Crime Punishable By Imprisonment

Ahead of the 75th anniversary of the Nakba, Palestinian Authority (PA) President Mahmoud 'Abbas issued a presidential decree on the topic of commemorating this event. The decree designates May 15 as the official day for commemorating the Nakba and holding activities "to establish the national Palestinian narrative in Palestine and throughout the world." Defining the Nakba as "the crime against humanity committed against the Palestinian people in 1948," it also stipulates that "the denial of the Nakba is a crime punishable by up to two years' imprisonment" and that "the relevant state authorities are tasked with holding perpetrators to account in accordance with the law, inside the state and out of it."

It should be noted that the Palestinian leadership has recently intensified its efforts to establish the Palestinian narrative of the conflict with Israel by marking Nakba Day in Palestinian and international forums and calling to recognize the right of the Palestinian refugees to return to their homes inside Israel. One manifestation of this was the event held at the UN General Assembly on May 15, 2023, which was the first official UN commemoration of the Nakba. 'Abbas attended the event and delivered a pointed speech calling for the return of the Palestinian refugees, and noted that he himself is a refugee and wishes to return to his birth city, Safed.  He described Israel as an "apartheid regime" that promotes a false narrative "like Goebbels," and stated that the West, especially Britain and the U.S., bears a direct moral and political responsibility for the Nakba of the Palestinian people. He also announced that a national monument was being built in Palestine to commemorate the Nakba and that a presidential decree  had been issued on marking Nakba Day.[1] 

The presidential decree on commemorating the anniversary of the Nakba

The following is a translation of the presidential decree issued by 'Abbas on commemorating the Nakba. [2]

Decree No. ( )[3], 2023 on Commemorating the Anniversary of the Nakba

President of the State of Palestine

Chair of the PLO Executive Committee

 

In accordance with the PLO Basic Law and the 2003 Amended Basic Law and the amendments to it,

having perused UN General Assembly Resolution A/77/L.24, taken at the 77th session and publicized on November 22, 2022, [4]

by the powers vested in me and for the sake of the public good,

having considered the following facts:

The 1948 Nakba of the Palestinian people, in which it was uprooted from 78% of its homeland by the force of arms and through systematic massacres and terrorism,

The expulsion from their homes of almost 1,000,000 Palestinians, who were sent wandering throughout the world without access to the most basic needs of survival 

The systematic demolition of the Palestinian cities and villages and the theft of the Palestinian people's resources and assets

The establishment of a Jewish state on 78% of the territory of Palestine, in contravention of what is specified in UNGA Resolution 181

The passing of UNGA Resolution A/77/L.24,  including Clause 6 on the commemoration of the 75th anniversary of the Nakba

I hereby issue the following decree:

Article 1

The terms and phrases in this Decree shall have the following meaning, unless the context indicates otherwise:

The State = The State of Palestine

The Nakba = The crime against humanity committed against the Palestinian people in 1948, which included murder, displacement, expulsion, forced exile and later occupation, and the destruction of the cities, villages and sites of Palestinian society and all its sectors: cultural, social, economic and political.

The crime of Denial of the Nakba = Denying the Nakba and the crimes against humanity that were committed [as part of it] against the Palestinian people.

The Resolution = UNGA Resolution A/77/L.24, taken at the 77th session and publicized on November 22, 2022 under the title "Question of Palestine," on the  commemoration of the 75th anniversary of the Nakba

Article 2

The Nakba of the Palestinian people in 1948 forms an integral part of the national Palestinian narrative, which is anchored in [our] historical right and in a series of UN resolutions.

Article 3

The denial of the Nakba is a crime punishable by up to two years' imprisonment, and the relevant state authorities are tasked with holding perpetrators to account in accordance with the law, inside the state and out of it.

For the purposes of implementing Clause 1 of this Article, the following are considered to be forms of committing the crime of denying the Nakba:

Denying that the Nakba took place as described in Article 1 of this Decree, partially or fully.

Questioning that some or all of the Nakba took place as it is described in the Articles of this Decree.

Claiming that the Palestinian people left its homeland of its own free will and was not forced to do so.

Denying that the crime of the Nakba was a crime against humanity.

Exonerating the Zionist gangs of responsibility for these crimes or denying the role of the British Mandate in aiding and enabling their occurrence.

Article 4

May 15 will be dedicated annually to commemorating the anniversary of the Nakba and holding relevant activities, in order to establish the national Palestinian narrative in Palestine and throughout the world

Article 5

In accordance with the decision of the President of the State, a Supreme National Committee for Commemorating the Anniversary of the Nakba will be formed, which will be tasked with organizing the [Nakba Day] activities and overseeing all aspects related to it.

Article 6

Anything that contradicts the Articles of this Decree is null and void according to the law.

Article 7

All relevant bodies, each in its domain, must implement the Articles of this Decree and follow it from the time of its issuance and registration.

 

Ramallah,

May 7, 2023

 

Mahmoud 'Abbas,

President of the State of Palestine

Chair of the PLO Executive Committee