The Palestinian flag is a powerful symbol of Palestinian unity and national identity. Its origins can be traced to the early 20th century when Arab nationalists adopted the colors black, white, and green as the pan-Arab emblem of future freedom from the Ottomans.1 In June 1916, when Sherif Hussein of Mecca declared the Great Arab Revolt against the Ottomans, he adopted the three colors along with a fourth—red—as a symbol of the uprising:

Following the victory of the revolt and the ouster of the Ottomans from the region, the flag assumed greater significance among Arab nationalists. Indeed, the flag of the revolt with a seven-pointed star added into the red triangle was adopted as the flag of the Arab Kingdom of Syria—the independent Arab state promised to the Arabs by British authorities in the infamous Hussein-McMahon Correspondence of 1915–16 that never came to be.3

Variations on the flag were then adopted by Palestinian nationalist leaders in the 1920s and 1930s to represent different political collectives, including the flag of the Muslim-Christian Associations, which included a cross and crescent inside the red triangle.

During Britain’s 30-year colonial mandate over Palestine, although the British tried to impose their own design for a flag for Palestine, Palestinians refused to recognize it and continued to use their own flag despite periodic British restrictions on nationalist symbols and banning of the Palestinian flag, especially during the Great Palestinian Revolt of 1936–39.4

Following the 1948 War and the expulsion of about 80 percent of the Palestinian people from historic Palestine,5 the flag continued to hold significance for Palestinians in exile. A few months after it was founded in June 1964, the Palestine Liberation Organization (PLO), whose leaders mostly operated outside Palestine, decided upon the design of the flag in its current form, and formally adopted it in late 1964.6 It became the symbol of the Palestinian resistance movement.

The flag has not changed since and has only gained in importance for Palestinians everywhere. In 1988, it was proclaimed the official flag of Palestine when the PLO issued its Declaration of Independence. It was also officially recognized by the Palestinian Authority (PA) in 1994, and in 2005, legislation was enacted regulating its use and protecting its status. In 2015, it was raised for the first time at the United Nations in New York, marking an important moment of international recognition.

Throughout its more than century-long history, the Palestinian flag has faced tremendous suppression by colonial authorities, whether British, Israeli, or even Jordanian,7 yet it has continued to be flown atop buildings, in people’s homes and out their balconies, and in countless hands across the globe as a symbol of Palestinian political self-determination and freedom.8

For many Palestinians, especially those living in East Jerusalem and the 1948 territories, the Palestinian flag serves as an important symbol of resistance, asserting a national identity and cultural belonging to a land on which their very presence is daily threatened with erasure. Globally, it is also widely associated with calls for equality, freedom, human rights, and opposition to Israeli occupation, posing a direct threat to Israeli sovereignty.9 It is therefore unsurprising that Israel has often suppressed displays of the Palestinian flag in public places under its governance, whether civic or military.

But claims that Israeli law categorically bans the display of the Palestinian flag are not supported by existing legislation. While some Israeli political figures have pushed and continue to push for legislation restricting its display, to date, there is no blanket ban on the Palestinian flag in Israeli law. That said, under Article 82 of the Police Ordinance of 1971, Israeli police do have the authority to restrict the display of flags, but only when there is a clear and substantial likelihood of a serious disruption to public safety.10 A hypothetical or speculative concern is not sufficient grounds for intervention. Consequently, in many cases where Palestinian flags have been removed from public areas, including in Jerusalem, legal experts argue that the required threshold for police action has not been met.

Critics of efforts to ban the Palestinian flag point to Israeli Supreme Court rulings and legal directives issued after the Oslo Accords, which emphasize the importance of protecting freedom of expression. They argue that public authorities should act in accordance with these legal principles rather than allowing political or ideological considerations to determine policy.

In a January 2023 letter addressed to National Security Minister Itamar Ben-Gvir and other legal officials, Adalah—The Legal Center for Arab Minority Rights in Israel stated that government legal opinions issued since the Oslo Accords have consistently recognized that raising the Palestinian flag is lawful:

Accordingly, restrictions are only justified in exceptional cases where there is strong evidence that displaying the flag constitutes support for a terrorist organization or poses a serious threat to public safety.

Adalah also cited Israeli Supreme Court rulings that have protected the display of the Palestinian flag as a form of freedom of expression, including during the 2003 Knesset elections when Palestinian candidates used the Palestinian flag in their campaigns. The Central Elections Committee chairman disqualified portions of the campaigns claiming the flag was a politically sensitive symbol that could undermine the state. However, the court overturned the disqualification and allowed the broadcasts to air.12 It held that displaying the Palestinian flag, in and of itself, was part of political expression and that restricting it required a much stronger justification than mere controversy or public discomfort.13

There is thus ironically legal precedence for the protection of the display of the Palestinian flag in Israeli law. So, while police regulations allow authorities to intervene when public order is genuinely at risk, the evidence must be strong, because a blanket ban on the display of the Palestinian flag does not exist in Israeli law.

Before the Oslo Accords, the legal basis used to arrest and prosecute people for displaying the Palestinian flag was Section 4(g) of Israel’s Prevention of Terrorism Ordinance, added in a 1980 amendment.14 The provision made it an offense to publicly display a flag, symbol, slogan, or anthem in a manner that expressed identification with or support for a designated terrorist organization. Because the PLO was designated a terrorist organization under Israeli law at the time, and the Palestinian flag was widely associated with it, displaying the flag could lead to arrest or prosecution.

But the Oslo Accords marked a significant shift. Following Israel’s recognition of the PLO in 1993, the Israeli Attorney General advised police and prosecutors in 1994 not to initiate criminal proceedings against individuals solely for displaying the Palestinian flag.15 That same year, the Israeli Supreme Court dismissed a petition (HCJ 5883/93 Yahalom v. Israel Police Commissioner) seeking to require the prosecution of people displaying the Palestinian flag.16 Then, in 2003, Palestinian MKs were allowed to display the flags in their election campaigns, and in 2009, following a petition to the Supreme Court, the police withdrew their requirement that permission to hold a demonstration be conditional on not raising the Palestinian flag.17

But these regulations have since been clarified. In 2014, the Deputy Attorney General for Criminal Affairs reiterated that Israeli law does not impose a blanket prohibition on displaying the Palestinian flag, and that each case must be assessed on its individual circumstances. At the same time, the clarification emphasized that there is no “absolute immunity” for displaying the flag.18 Where displaying the flag gives rise to concrete risks to public order or public safety, or is accompanied by behavior that constitutes criminal offense, the police may intervene, and in such circumstances, criminal proceedings may be considered where legal requirements for persecution are met. What constitutes concrete risk to public safety is left to the discretion of the police.

That said, and despite a marked increase in the repression of Palestinian rights over the years, the right to freedom of expression through the display of the Palestinian flag has continued to be upheld in Israeli court. As a recent example, on September 25, 2021, a judge of the Jerusalem Magistrate’s Court ordered the release of a protester who had been arrested during the weekly demonstrations in Sheikh Jarrah for raising the Palestinian flag. The judge held that the police had failed to establish reasonable grounds for the arrest, emphasizing that the display of the Palestinian flag, by itself, does not constitute an offense under the law, and that there was no evidence that raising the flag had disrupted public order or endangered public safety.19

The prevailing legal approach in Israel distinguishes between the ordinary display of the flag, which is not in itself unlawful, and exceptional circumstances where it may be restricted due to security or public safety concerns. Police interference is thus only justifiable in situations where there is a concrete risk to public order or public safety. In such cases, the decision must be based on individual circumstances rather than a general prohibition against displaying the Palestinian flag, and the burden of proof falls on the police.

Notwithstanding, there have been repeated efforts within the Israeli political system to prohibit the display of the flag altogether. For example, in 2024, the Knesset’s Ministerial Committee for Legislation considered a bill introduced by MK Nissim Vaturi that would ban the display of flags of countries deemed “hostile,” including the Palestinian flag, in state-funded institutions. If enacted, the bill would allow authorities to disperse gatherings where such flags are displayed and would provide for penalties of up to one year in prison and a minimum fine of NIS 10,000.20 One of the primary targets of the bill is Palestinian students at public Israeli universities, including in Jerusalem.21 Palestinians in these institutions often raise the Palestinian flag during national commemorations, including Nakba remembrance events.

Similar legislative efforts were proposed in 2022 following the killing of Palestinian journalist Shireen Abu Akleh and the controversy surrounding the display of Palestinian flags at the protests that followed in Jerusalem.22 However, these proposals have not been approved and are not currently law.23 In other words, while Israeli police have at times confiscated flags, detained demonstrators, or sought to restrict their display, particularly during protests or politically sensitive events, the legal basis and proportionality of such actions are often contested, including through court proceedings.24

Ultimately, there is currently no law in Israel that bans the display of the Palestinian flag. Displaying a flag is considered a form of expression, and freedom of expression is recognized as a protected right under Israeli law. Indeed, political expression—including the display of flags—is of utmost importance in a supposed democracy.