Nazareth Magistrates’ Court Convicts Sheikh Kamal Khatib for his Political Expressions during May 2021 events

Yesterday, 30 June 2025, the Nazareth Magistrates’ Court convicted Sheikh Kamal Khatib of incitement to terrorism and incitement to violence, based on two Facebook posts and a speech he delivered during the May 2021 events. Sheikh Khatib, a leading Palestinian Islamic figure in Israel, was targeted for his public statements concerning the Al-Aqsa Mosque and Israeli state violence against Palestinians.

The conviction relates to three of his public expressions made in April and May 2021:

• First Facebook post (19 April 2021): Sheikh Khatib shared a post condemning Israeli police violence targeting community leaders in Yaffa, with images of injured Palestinians, and denouncing systematic attacks on Palestinian activists and the leadership.

• Second Facebook post (25 April 2021): Khatib posted a historical-political reflection drawing parallels between Israeli provocations at Al-Aqsa Mosque in May 2021 and the 1929 massacres, sparked by Jewish Zionist demonstrations at Al-Aqsa Mosque (al-Buraq Uprising). He warned of the catastrophic consequences of a renewed violent scenario.

• Speech (11 May 2021): He delivered a speech at an event of the High Follow-Up Committee for Arab Citizens of Israel, in which he praised worshippers who continued to pray at Al-Aqsa in defiance of police and Israeli settler incursions. He commended their steadfastness and linked their presence to the defense of religious rights.

Over four years of legal proceedings, Sheikh Khatib’s defense team —led by attorneys Dr. Hassan Jabareen and Hadeel Abu Salih (Adalah), and Ramzi Ktilat and Omar Khamaisi (Meezan Center, Nazareth)—argued that the indictment was entirely baseless. They stressed that Khatib’s remarks constituted protected political and religious expression, reflected widespread public discourse among Palestinian citizens of Israel, and did not come close to meeting the legal threshold for incitement under Israeli law.

Several experts testified in Sheikh Khatib’s defense, affirming the political and social legitimacy of his statements. Former member of Knesset Mohammad Barakeh, the Chairman of the High Follow-Up Committee, confirmed that the remarks aligned with official positions of the Palestinian leadership in Israel. Dr. Nihad Ali, Head of the Multiculturalism Department at the Western Galilee College and the University of Haifa, characterized Khatib’s remarks as legitimate expressions of Palestinian national and religious concerns. Prof. Yonatan Mendel, an associate professor in the Department of Middle East Studies at Ben-Gurion University of the Negev and head of the Arabic Language and Culture Division, exposed distortions in the prosecution’s translations of Khatib’s speech that stripped the statements of context. Dr. Eran Tzidkiyahu, a historical-political sociologist, specializing in the interface between religious and national movements, linked the May 2021 unrest to Israeli state actions, including bans on Palestinian gatherings at Damascus Gate, an entrance to the Old City of Jerusalem.

Despite this body of evidence, the court dismissed the defense’s arguments and accepted the prosecution’s claim that Khatib’s words constituted incitement to terrorism under Section 24(b) of the Counter-Terrorism Law and incitement to violence under Article 144D(2) of the Penal Code, both of which carry maximum sentences of five years imprisonment. The court issued a verdict but has not yet released a reasoned judgment detailing the legal basis for its decision. Once the court issues its full ruling, a sentencing hearing will be scheduled. Although Khatib remains free for now, sentencing will be handled by a different judge, as the presiding judge retired the very next day after issuing the verdict, an unusual move. This abrupt disruption in judicial continuity seriously undermines the integrity of the proceedings and raises grave concerns about fairness and consistency in the final outcome.

Arrest and Detention

On 14 May 2021, heavily armed special police units stormed Kufr Kanna, an Arab town in the Triangle (Wadi Area) area of Israel, to arrest Sheikh Khatib from his home. Police snipers occupied rooftops, and the town was placed under siege-like conditions, which sparked violent confrontations between residents and Israeli forces. According to media reports, the arrest was carried out under a cabinet directive and based on Shin Bet recommendations accusing him of incitement to terror. The military-style arrest, carried out pursuant to a political-level decision, along with the sweeping charges that followed, reflect the political nature of the indictment. This aggressive response stood in sharp contrast to Khatib’s prior conduct, as he had consistently complied with police summonses for interrogation, when asked to do so.

At the time of his arrest, the prosecution sought to detain Sheikh Khatib until the end of proceedings. However, following an appeal, the Nazareth District Court ordered his release under restrictive conditions. See more: Leading Palestinian Islamic figure is freed from detention for duration of his trial - Adalah 

Selective Enforcement and Broader Campaign

As part of the defense, Adalah and Meezan emphasized the discriminatory and selective nature of law enforcement. During the May 2021 events, Adalah documented dozens of incitement cases by Jewish Israeli citizens against Palestinian citizens of Israel, none of which resulted in criminal indictments. The defense team argued that Sheikh Khatib’s prosecution must be seen in the broader context of escalating repression against Palestinian citizens of Israel—especially against outspoken, community leaders.

See more - Adalah’s report Two Years After the May 2021 Events 

The state’s arguments further exposed the political nature of the case. Regarding the first Facebook post, the prosecution claimed that Sheikh Khatib’s expression of solidarity with injured Palestinians amounted to incitement to violence against Israeli forces. It referred to the injured worshippers as “rioters” and alleged that Khatib praised their actions. The prosecution stated: “The defendant confirmed that he wrote words of praise for those injured in clashes with the police. This means the defendant effectively admits to praising those who committed an offense.” This argument outrageously and falsely equates standing with victims of state violence to endorsing criminal acts.

The state also put Khatib on trial for articulating a Palestinian historical narrative. It argued that his reference to the 1929 al-Buraq Uprising implied a threat of massacres against Jews—an interpretation rooted in the state’s own historical framing, not the broader Palestinian perspective. Khatib’s legal team, supported by expert opinions, countered that such references are part of legitimate political and historical discourse and that the prosecution sought to criminalize core elements of Palestinian identity and memory.

The prosecution, police, and political figures who reportedly ordered Sheikh Khatib’s arrest ignored the fact that he had consistently condemned and opposed violence. Just hours before his arrest, he delivered a public speech explicitly denouncing violence (see speech in Arabic here).

In a joint statement, Adalah and Meezan commented:

“Today’s conviction of Sheikh Kamal Khatib constitutes a dangerous judicial endorsement of political persecution and marks a further escalation in the use of the courts to criminalize Palestinian national and religious leaders. This decision is not grounded in sound legal principles, but in a biased political reading of the law aimed at silencing dissent and intimidating the leadership. We affirm that Sheikh Kamal’s statements fall under protected freedom of expression. Sheikh Kamal Khatib’s trial cannot be separated from the broader political context of systematic targeting of the Palestinian leadership in Israel for decades and particularly after the May 2021 events and the escalation since 7 October. This verdict undermines the right to protest and threatens the ability of Palestinian citizens of Israel to speak out on their lived realities without fear of criminal prosecution.”