If UK Climate Protestors Can’t Break the Law, Gaza Protestors Can’t Either

In my view, climate change is a critical issue that should receive far more attention. So I ought to be glad that there’s a group in England called “Just Stop Oil,” which attempts to raise climate awareness, protesting the British government granting additional licenses to drill for fossil fuels.

But as part of their protest efforts, they’ve conducted “slow walks,” in which they impede traffic by marching on highways. They’ve also defaced paintings in museums. Recently, several of that group’s members were sentenced to jail. This is in accordance with a new British law that makes causing a “public nuisance” punishable by up to 10 years in prison.

The demonstrators claim these punishments are excessive, with the prison terms putting their non-violent acts on par with rape and robbery. Ian Fry, a UN Special Rapporteur, was quoted by the AP as calling the new law a “direct attack on the right to the freedom of peaceful assembly.”

At trial, the demonstrators did not deny their actions. Instead, they wanted to talk about the harm that oil drilling causes and ask that the jury therefore refuse to find them guilty. They contend that they should not be treated as criminals, since their goal is quite literally saving the planet.

But Judge Christopher Hehir said no — and he forbade any mention of the climate crisis in his courtroom. He explained that a jury’s job is to determine the facts, not to decide whether or not laws should apply. Just Stop Oil supporters holding signs outside asking the jury to acquit were arrested and charged with contempt of court.

In handing down the jail terms, the judge explained that while the crimes were non-violent, they still caused significant harm. The damaged works of art are priceless and irreplaceable. The enormous traffic jams caused by the “slow walking” resulted in high policing costs, inconvenienced tens of thousands of commuters, and forced people to miss funerals and appointments. To sum it up, he stated, “You clearly think your beliefs give you the right to commit crimes when you feel like it. [They] do not.”

This same logic should be applied to the anti-Israel protestors that set up encampments on college campuses, disrupt classes, and prevent access to buildings — along with the mobs that have closed bridges, blocked airports, and taken other actions that are against the law. They claim that they are “stopping genocide” or “fighting oppression,” and so they should have a special status that allows them to break the law.

Of course everyone has the right to protest and advocate for their views. That includes people who oppose Israel or oppose drilling for oil. But society also has the right to make laws to preserve public order and to protect the rights of people who disagree with the protests.

The right to peaceful assembly means that peaceful protestors cannot be silenced or arrested, and also that they cannot be moved to far away, out of sight places, where their protest will not be heard. But the right to hold signs on the side of the road is not the right to block it, and the right to pass out flyers on campus is not the right to barricade the quad.

When protesters feel the need to block traffic, it’s not because that’s necessary for their freedom of expression. Signs and chants on the sidewalk enable them to express themselves just fine. It’s because they can’t accept that drivers going by are unmoved by their demonstration, so they resort to trying to force the public to pay them more attention. People who believe so deeply in a cause often have trouble appreciating that others have different points of view, or that they can’t break the law and cause mob disorder to promote their own.

Even though I believe we need to limit the production of fossil fuels, I don’t support Just Stop Oil. Arguments that we have to get serious about climate need to be made in a manner which respects that others disagree or may not wish to participate. People whose views are anti-Israel are obligated to do the same. If governments, judicial systems, and university administrators don’t insist on this, they are showing an unacceptable bias against Israel themselves.

Shlomo Levin has a Master’s in International Law and Human Rights, and writes frequently about legal developments relating to human rights issues of particular interest to the Jewish community.

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