An antisemitism definition adopted by most UK universities has come under fire in a report, which says it has led to 40 cases being brought against students, academics, unions, and societies – 38 of whom have been cleared.
The remaining two cases have yet to conclude, meaning that none of the allegations – all based on the International Holocaust Remembrance Alliance (IHRA) definition – have been substantiated, according to the analysis by the European Legal Support Center (ELSC) and the British Society for Middle Eastern Studies (Brismes).
The IHRA definition has been adopted by a majority of universities, with the former education secretary Gavin Williamson in 2020 threatening them with funding cuts if they failed to do so. But critics have said the definition, which has no legal effect in the UK and includes 11 illustrative examples – seven of which relate to Israel – stifles criticism of Israel and has a chilling effect on free speech.
The report, published on Wednesday, echoes criticisms previously voiced by the leading lawyers Hugh Tomlinson KC and Geoffrey Robertson KC, and the retired lord justices of appeal Sir Stephen Sedley and Sir Anthony Hooper.
Neve Gordon, the chair of Brismes’s committee on academic freedom and a professor of human rights law in the school of law at Queen Mary University of London, said: “What has been framed as a tool to classify and assess a particular form of discriminatory violations of protected characteristics, has instead been used as a tool to undermine and punish protected speech and to punish those in academia who voice criticism of the Israeli state’s policies.”
The 40 cases were recorded by ELSC, which provides legal support for Europeans advocating for Palestinian rights. Although none have been proved, the report says allegations in themselves have a debilitating effect on the accused, including damaging their education and/or future career prospects, and preventing legitimate debate about Israel and Palestine, for example through the cancellation of events.
