Article - Lawfare and Palestine: Strategies for Resisting Criminalization

Israel’s recent criminalization of six Palestinian human rights organizations has sparked global outcry. But this tactic fits into a global trend of lawfare led by right-wing and conservative governments, including in the US and Europe, against activists and grassroots organizers. it must be actively resisted politically and legally.

On the anniversary of the First Intifada, Al-Shabaka asks Omar Barghouti, co-founder of the Palestinian-led Boycott, Divestment and Sanctions (BDS) movement, and Dima Khalidi, the founder and director of Palestine Legal: How can Palestinians and their allies move away from defensively responding to criminalization accusations towards a proactive strategy which challenges the Israeli regime’s lawfare tactics? How can this approach combine political and legal strategies? How can it engage intersectionally with other progressive movements?

Omar Barghouti is a Palestinian human rights defender and co-founder of the Palestinian-led Boycott, Divestment and Sanctions (BDS) movement for Palestinian rights. He is a co-recipient of the 2017 Gandhi Peace Award. He holds bachelor’s and master’s degrees in Electrical Engineering from Columbia University, NY, and is pursuing a PhD in Philosophy (ethics) at the University of Amsterdam. He is the author of, BDS: The Global Struggle for Palestinian Rights (Haymarket: 2011). His commentaries and views have appeared in many mainstream outlets including the New York Times, the Guardian, MSNBC, CNN, Le Monde, among others.

Nadim Bawalsa is Associate Editor with the Journal of Palestine Studies. From 2020-2023, Nadim served as Al-Shabaka’s commissioning editor. He is a historian of modern Palestine, and author of Transnational Palestine: Migration and the Right of Return before 1948 (Stanford University Press, 2022). His other work has appeared in the Jerusalem Quarterly, the Journal of Palestine Studies, NACLA Report on the Americas, and as well as in edited volumes. He earned a joint doctorate in History and Middle Eastern & Islamic Studies from New York University in 2017, and a Master’s in Arab Studies from Georgetown University’s Center for Contemporary Arab Studies in 2010. In 2019-2020, he was awarded a PARC-NEH fellowship in Palestine.  

With: Dima Khalidi

Latest Analysis

 Civil Society
We cannot understand Gaza’s endurance through a binary that casts Palestinians, individually or collectively, as either heroic in their resistance or passive victims. Rather, we must approach it through a decolonial conception of sumud (steadfastness): a historically situated, relational, and materially conditioned practice of collective endurance that emerges, shifts, and persists within ongoing colonial violence.
Abdalrahman Kittana· May 12, 2026
 Politics
This policy brief argues that, by maintaining the classification of such zones as provisional security arrangements rather than permanent borders, the Israeli regime exercises territorial control while limiting the immediate legal and political costs associated with declared annexation.
Ahmad Ibsais· Apr 21, 2026
 Civil Society
In February 2021, Defense for Children International–Palestine (DCIP) reported that Israeli interrogators had raped a 15-year-old Palestinian boy in detention. Rather than investigate the allegation, Israeli forces raided DCIP’s offices and later designated it—along with five other Palestinian human rights groups—as a “terrorist organization.” While such abuses and crackdowns are not new, this moment marked a decisive escalation: the shift from harassment of Palestinian civil society to its outright criminalization with the full support and participation of the US. In 2025, the Trump administration designated six Palestinian organizations under counterterrorism frameworks before advancing even further, sanctioning leading human rights groups for engaging with the International Criminal Court. These measures move beyond targeting individual actors to undermining the very infrastructure of international accountability. This policy brief argues that the campaign by the US and the Israeli regime against Palestinian civil society and international law carries global consequences, threatening mechanisms designed to hold state violence in check. It concludes with recommendations for how Palestinian organizations and their allies can adapt, defend themselves, and pursue justice in an increasingly hostile environment.
Al-Shabaka Tariq Kenney-Shawa
Tariq Kenney-Shawa· Mar 31, 2026