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‘Two Israels’: What’s really behind the judicial reform protests
(JTA) — When Benjamin Netanyahu put his controversial calls for judicial reform on pause two weeks ago, many thought the protesters in Israel and abroad might declare victory and take a break. And yet a week ago Saturday some 200,000 people demonstrated in Tel Aviv, and pro-democracy protests continued among Diaspora Jews and Israeli expats, including those who gather each Sunday in New York’s Washington Square Park.
On its face, the weeks of protest have been about proposed legislation that critics said would sap power from the Israeli Supreme Court and give legislators — in this case, led by Netanyahu’s recently elected far-right coalition — unchecked and unprecedented power. Protesters said that, in the absence of an Israeli constitution establishing basic rights and norms, they were fighting for democracy. The government too says the changes are about democracy, claiming under the current system unelected judges too often overrule elected lawmakers and the will of Israel’s diverse electorate.
But the political dynamics in Israel are complex, and the proposals and the backlash are also about deeper cracks in Israeli society. Yehuda Kurtzer, president of the Shalom Hartman Institute of North America, recently said in a podcast that the crisis in Israel represents “six linked but separate stories unfolding at the same time.” Beyond the judicial reform itself, these stories include the Palestinians and the occupation, a resurgent patriotism among the center and the left, chaos within Netanyahu’s camp, a Diaspora emboldened to weigh in on the future of Zionism and the rejection on the part of the public of a reform that failed the “reasonableness test.”
“If these protests are effective in the long run, it will be, I think, because they will have succeeded at reorganizing and mobilizing the Israeli electorate to think and behave differently than before,” said Kurtzer.
I recently asked observers, here and in Israel, what they feel is really mobilizing the electorate, and what kind of Israel will emerge as a result of the showdown. The respondents included organizers of the protests, supporters of their aims and those skeptical of the protesters’ motivations. They discussed a slew of issues just below the surface of the protest, including the simmering Israeli-Palestinian conflict, divisions over the increasing strength of Israel’s haredi Orthodox sector, and a lingering divide between Ashkenazi Jews with roots in Europe and Mizrahi Jews whose ancestry is Middle Eastern and North African.
Conservatives, meanwhile, insist that Israeli “elites” — the highly educated, the tech sector, the military leadership, for starters — don’t respect the will of the majority who brought Netanyahu and his coalition partners to power.
Here are the emerging themes of weeks of protest:
Defending democracy
Whatever their long-term concerns about Israel’s future, the protests are being held under the banner of “democracy.”
For Alon-Lee Green, one of the organizers of the protests, the issues are equality and fairness. “People in Israel,” said Green, national co-director of Standing Together, a grassroots movement in Israel, “hundreds of thousands of them, are going out to the streets for months now not only because of the judicial reform, but also — and mainly — because of the fundamental question of what is the society we want to live in: Will we keep living in a society that is unequal, unfair and that is moving away from our basic needs and desires, or will it be an equal society for everyone who lives in our land?”
Shany Granot-Lubaton, who has been organizing pro-democracy rallies among Israelis living in New York City, says Netanyahu, National Security Minister Itamar Ben-Gvir and the coalition’s haredi Orthodox parties “are waging a war against democracy and the freedoms of citizens.”
“They seek to exert control over the Knesset and the judicial system, appoint judges in their favor and legalize corruption,” she said. “If this legal coup is allowed to proceed, minorities will be in serious danger, and democracy itself will be threatened.”
Two researchers at the Institute for Liberty and Responsibility at Herzliya’s Reichman University, psychology student Benjamin Amram and research associate Keren L.G. Snider, said Netanyahu’s proposed judicial reform “undermines the integrity of Israel’s democracy by consolidating power.”
“How can citizens trust a government that ultimately has no limitations set upon them?” they asked in a joint email. “At a time when political trust and political representation are at the lowest points, this legislation can only create instability and call into question the intentions of the current ruling party. When one coalition holds all the power, laws and policies can be swiftly overturned, causing instability and volatility.”
A struggle between two Israels
Other commentators said the protests revealed fractures within Israeli society that long predated the conflict over judicial reform. “The split is between those that believe Israel should be a more religious country, with less democracy, and see democracy as only a system of elections and not a set of values, and those who want Israel to remain a Jewish and democratic state,” Tzipi Livni, who served in the cabinets of right-wing prime ministers Ariel Sharon and Ehud Olmert before tacking to the center in recent years, recently told Haaretz.
Author and translator David Hazony called this “a struggle between two Israels” — one that sees Israel’s founding vision as a European-style, rights-based democracy, and the other that sees that vision as the return of the Jews to their ancient homeland.
“Those on the first side believe that the judiciary has always been Israel’s protector of rights and therefore of democracy, against the rapaciousness and lawlessness of politicians in general and especially those on the right. Therefore an assault on its supremacy is an assault on democracy itself. They accuse the other side of being barbaric, antidemocratic and violent,” said Hazony, editor of the forthcoming anthology “Jewish Priorities.”
As for the other side, he said, they see an activist judiciary as an attempt by Ashkenazi elites to force their minority view on the majority. Supporters of the government think it is entirely unreasonable “for judges to think they can choose their successors, strike down constitutional legislation and rule according to ‘that which is reasonable in the eyes of the enlightened community in Israel,’” said Hazony, quoting Aharon Barak, the former president of the Supreme Court of Israel and bane of Israel’s right.
(Naveh Dromi, a right-wing columnist for Yediot Achronot, puts this more bluntly: “The problem,” she writes, “lies in the fact that the left has no faith in its chance to win an election, so it relies on the high court to represent it.”)
Daniel Tauber, an attorney and Likud Central Committee member, agrees that those who voted for Netanyahu and his coalition have their own concerns about a democracy — one dominated by “elites,” which in the Israeli context means old-guard Ashkenazi Jews, powerful labor unions and highly educated secular Jews. “The more this process is subject to veto by non-democratic institutions, whether it be the Court chosen as it is, elite military units, the Histadrut [labor union], or others, the more people will lose faith in democracy,” said Tauber.
Green also said there is “a war waging now between two elites in Israel” — the “old and more established liberal elite, who consist of the financial, high-tech army and industry people,” and the “new emerging elite of the settlers and the political far-right parties.”
Israelis protest against the government’s planned judicial overhaul, outside the Supreme Court in Jerusalem, March 27, 2023. (Jamal Awad/Flash90)
And yet, he said, “I think we will lose if one of these elites wins. The real victory of this historic political moment in Israel will be if we achieve true equality, both to the people who are not represented by the Jewish supremacists, such as the Palestinian citizens of Israel, and to the people who are not represented by the ‘old Israel,’ such as the haredi and Mizrahi people on the peripheries.”
The crises behind the crisis
Although the protests were ignited by Netanyahu’s calls for judicial reform, they also represented pushback against the most right-wing government in Israeli history — which means at some level the protests were also about the Israeli-Palestinian conflict and the role of religion in Israeli society. “The unspoken motivation driving the architects and supporters of the [judicial] ‘reform,’ as well as the protest leaders, is umbilically connected to the occupation,” writes Carolina Landsmann, a Haaretz columnist. If Netanyahu has his way, she writes, “There will be no more two-state solution, and there will be no territorial compromises. The new diplomatic horizon will be a single state, with the Palestinians as subjects deprived of citizenship.”
Nimrod Novik, the Israel Fellow at the Israel Policy Forum, said that “once awakened, the simmering resentment of those liberal Israelis about other issues was brought to the surface.” The Palestinian issue, for example, is at an “explosive moment,” said Novik: The Palestinian Authority is weakened and ineffective, Palestinian youth lack hope for a better future, and Israeli settlers feel emboldened by supporters in the ruling coalition. “The Israeli security establishment took this all into account when warning the government to change course before it is too late,” said Novik.
Kurtzer too noted that the Palestinians “also stand to be extremely victimized following the passage of judicial reform, both in Israel and in the West Bank.” And yet, he said, most Israelis aren’t ready to upend the current status quo between Israelis and Palestinians. “It can also be true that the Israeli public can only build the kind of coalition that it’s building right now because it is patently not a referendum on the issue of Palestinian rights,” he said.
Religion and state
Novik spoke about another barely subterranean theme of the protests: the growing power of the haredi, or ultra-Orthodox, parties. Secular Israelis especially resent that the haredim disproportionately seek exemption from military service and that non-haredi Israelis contribute some 90% of all taxes collected. One fear of those opposing the judicial reform legislation is that the religious parties will “forever secure state funding to the haredi Orthodox school system while exempting it from teaching the subjects required for ever joining the workforce. It is to secure for them an exemption from any military or other national service. And it is to expand the imposition of their lifestyle on non-Orthodox Israelis.”
What’s next
Predictions for the future range from warnings of a civil war (by Israel’s president, Isaac Herzog, among others) to an eventual compromise on Netanyahu’s part to the emergence of a new center electorate that will reject extremists on both ends of the political spectrum.
David E. Bernstein, a law professor at the George Mason University School of Law who writes frequently about Israel, imagines a future without extremists. “One can definitely easily imagine the business, academic and legal elite using their newfound political voice to insist that future governments not align with extremists, that haredi authority over national life be limited, and, perhaps most important, that Israel create a formal constitution that protects certain basic rights,” he said. “Perhaps there will also be demand to counter such long-festering problems as corruption, disproportionate influence over export markets by a few influential families, burgeoning lawlessness in the Arab sector and a massive shortage of affordable housing.”
Elie Bennett, director of International Strategy at the Israel Democracy Institute, also sees an opportunity in the crisis.
In the aftermath of the disastrous 1973 Yom Kippur war, he said, Israel “rebuilt its military and eventually laid the foundations for today’s ‘startup nation.’ In this current crisis, we do not need a call-up of our reserves forces, or a massive airlift of American weaponry to prevail. What we need is goodwill among fellow Israelis and a commitment to work together to strengthen our society and reach an agreed-upon constitutional framework. If we are able to achieve such an agreement, it will protect our rights, better define the relationships between the branches of government, and result in an Israel that is more stable and prosperous than ever as we celebrate 75 years of independence.”
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EU seeks to advance trade ban on Israeli settlements
(JTA) — The European Union could be leaning toward banning trade with Israeli settlements in the West Bank.
Foreign ministers debated various tactics to respond to the settlements on Monday at their monthly council meeting in Brussels, against the backdrop of rising violence by settlers and efforts by the Israeli government to expand settlements in Palestinian territories.
In a press conference following the meeting, the EU’s foreign policy chief, Kaja Kallas, said one possibility had stood out.
“The option that got the most support was banning the trade with illegal settlements,” she said. All 27 member states consider Israeli settlements in the West Bank to violate international law.
Kallas added, “We tasked the ambassadors to take this work forward, and probably will also have an extraordinary meeting on this.”
No decisions have yet been made, and the path forward is uncertain. Some EU member nations favor aggressive action against the settlements, while others are unlikely to back any measures that take aim at Israel. A number are in the middle and have not decided whether they support trade bans.
The level of agreement between European governments needed to enact a partial or full trade ban on Israeli settlements remains an open question. Kallas said it was the European Council’s legal opinion that voting on trade issues called for a qualified majority, meaning that 15 out of 27 states would have to vote in favor, representing at least 65% of the EU population.
But she also acknowledged that legal experts disagreed about how much backing was needed for a trade ban. “You can always find different lawyers who come up with different ideas,” she said.
Israel’s Foreign Minister Gideon Sa’ar accused Kallas of an “obsessive campaign against Israel” in a post on X. “There was no consensus. There was no qualified majority. In fact, there was no majority at all,” he wrote, adding, “Tricks like this do nothing to advance our shared interests.”
The EU has hotly debated measures against Israel as settlements in the West Bank have expanded and settler violence has sharply intensified over recent years. The Israeli NGOs Peace Now and Kerem Navot said in a report last week that “the current Israeli government has advanced de facto annexation of the West Bank at an unprecedented pace.”
The ministers considered measures including a stricter export licensing system, higher tariffs and a partial or outright ban on goods produced over the pre-1967 lines. The options were first presented in a paper last week by the European Commission, the EU’s executive branch, as pressure mounted from European governments.
Kallas said these potential moves were not “options against Israel,” but “options against the illegal settlements that undermined the two-state solution.” She told reporters before the meeting that member states had been pressing for a trade ban on Israeli settlements, saying, “Everyone agrees that the situation in the West Bank is really intolerable.”
In May, the EU sanctioned Israeli settlers over violence against Palestinians after Hungary’s new government, led by Peter Magyar, gave its approval and allowed the states to reach a consensus.
To protest the Gaza war, the commission last year proposed suspending the EU’s free trade agreement with Israel as set out under the EU-Israel Association Agreement, the cornerstone of economic and political cooperation between Europe and Israel. The proposal was not advanced because it lacked the majority support of 15 member states.
The EU is Israel’s largest trading partner, accounting for 33.1% of its imports and 29.4% of its exports in 2025, according to a summary on the European Commission website, which did not provide data on settler goods. The free trade agreement does not apply to goods originating from Israeli businesses located over the pre-1967 lines.
Revoking the association agreement requires unanimous approval from the EU’s 27 member states, while a partial suspension, such as freezing the free trade agreement, calls for a qualified majority. Germany, Italy, Hungary and Czechia have consistently opposed such suspensions.
Israel’s most vocal critics in Europe, including Ireland and Spain, have pushed for suspending the association agreement along with proposing their own import bans at the national level. Ireland now holds the rotating presidency of the European Council, a six-month term that ends in December 2026.
The legal basis of trade restrictions on Israel lies at the heart of debates in the EU. Support from a qualified majority is sufficient to enact a commercial policy, while changes in the common foreign and security policy — such as sanctions — require unanimity.
Some legal scholars have argued that an EU ban on imports from Israeli settlements should be imposed as a trade measure rather than a sanction, making it easier to pass.
A group of 40 scholars said in an open letter last month to Kallas, trade chief Maroš Šefčovič and European Commission president Ursula von der Leyen that a blanket ban on settlement imports had a legal basis under the EU’s common commercial policy. Claims that unanimity was needed for the prohibition were “grounded in political rather than legal considerations,” they said.
The scholars also referenced an advisory opinion from the International Court of Justice in 2024, which said that Israel’s military control of Palestinian territories in the West Bank constituted an illegal occupation.
“In that regard, it should be noted that the EU Court of Justice has ruled that, in its acts, the EU is ‘bound to observe international law in its entirety,’” they said.
Daniel Mariaschin, Honorary CEO of the pro-Israel Jewish advocacy organization B’nai Brith International, told the Jewish Telegraphic Agency that reducing trade “would only weaken one of Europe’s most important partnerships in the region.”
“There are those within the EU who are looking for any way to undercut Israel’s international standing, and this is yet another example,” Mariaschin said.
This article originally appeared on JTA.org.
The post EU seeks to advance trade ban on Israeli settlements appeared first on The Forward.
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PEN America president, defending Israel’s critics, resigns after report warns of threats to Jewish authors
(JTA) — The president of PEN America resigned over the weekend in protest of a report on boycotts targeting Jewish and Israeli authors, part of yet another round of internal division over Israel at the literary free-speech institution.
Dinaw Mengestu, an Ethiopian-American novelist and Bard College professor, told The Atlantic he was stepping down because he believed the PEN report, “A Silent Moratorium,” failed to defend the free-speech rights of participants in the movement to boycott Israel.
“It’s the First Amendment that allows all of us to engage in boycotts, not PEN America,” Mengestu told the publication. “PEN America as a free expression organization is supposed to defend that right.”
The author did not respond to multiple Jewish Telegraphic Agency requests for comment, but in an Instagram post Monday alluded to an interest in creating a new organization to rival the prominent nonprofit, which defends the free expression rights other writers.
In response to an interview request, PEN sent a statement to JTA saying it was “grateful” for Mengestu’s leadership and would “respect” his decision. The statement also alluded to PEN’s own past turmoil: “We tell hard stories, in politically challenging moments, about writers from a range of perspectives, even when it’s uncomfortable for us given our own recent history.”
In its report, published on its blog, PEN described “Jewish and Israeli writers who feel that the mainstream literary world is increasingly shutting them out because of their identity, nationality, or views.” Interview subjects include several Israel critics, as well as literary agents who assert that they face more difficulties signing Jewish authors after the Oct. 7, 2023, Hamas attack on Israel and amid the subsequent war in Gaza. The report also repeatedly cited a JTA report about a 2024 viral list of “Zionist” authors to boycott.
Among other details, PEN’s report revealed that Israeli novelist Etgar Keret and public radio host Ira Glass had cancelled a planned live event in Australia over fears of threats and protest.
“This silencing and exclusion of writers is a threat to what PEN America is fundamentally committed to defending: a culture of free expression for all,” according to the report.
In addition to the report, PEN also altered its institutional policy toward cultural boycotts, which the organization has long opposed. Although its report on Jewish authors asserted that boycotts “threaten the free expression rights” of their targets, the revised guidelines say that the group will also defend the right of writers to participate in boycotts.
Mengestu’s resignation comes at a perilous moment for Jews facing cultural boycotts, both within the standard-bearers of PEN and elsewhere. PEN’s Jewish former longtime CEO stepped down in 2024 following months of blowback from rank-and-file authors who felt the organization was insufficiently critical of Israel and caused PEN to cancel a festival for global authors.
Since the leadership change, PEN leadership has published and retracted a condemnation of a boycott effort trained at an Israeli comedian and also published a report cataloguing Israel’s “cultural destruction in Gaza.”
Mengestu had assumed the role of board president in 2025. But PEN’s report about Jewish and Israeli writers on Thursday, he wrote, “makes clear that [change] will not happen.”
The Anti-Defamation League said it was “deeply troubled” by Mengestu’s resignation Monday. “Freedom of expression means opposing efforts to boycott, silence, or exclude writers because of their identity or nationality,” the organization tweeted, saying that the author’s decision to leave PEN over his objections to the report on Jewish authors “sends a chilling message.” Jewish authors also objected.
“Imagine running a free expression org and resigning because it refuses to blacklist authors based on their nationality,” the author David Zweig wrote on X, musing whether Mengestu would object to boycotting authors from his birth country: “Ethiopia doesn’t exactly have a good human rights record.”
In response to The Atlantic’s story that quoted sources from inside PEN who were critical of his resignation, Mengestu wrote a lengthy Instagram post Monday in which he stated, “This piece is about trying to suppress constitutionally protected speech,” criticized past PEN reports critical of the BDS movement, and added, “What PEN America fails to understand is that boycott is a form of dialogue.”
He announced his intention to “help make something better,” receiving affirmative comments from notable authors including Viet Thanh Nguyen, Angela Flournoy, Jewish pro-Palestinian novelist Jess Row and Pulitzer Prize-winner Benjamin Moser, author of a forthcoming history of Jewish anti-Zionism.
Other Jewish authors on the left were among those defending Mengestu’s decision to step down.
“Dinaw is one hundred percent correct that this kind of fake victim propaganda can be used to support anti-Boycott legislation which violates the First Amendment and is everywhere as popular support for Palestinians grows,” author Sarah Schulman wrote on Facebook. Calling PEN’s blog about Jews “one of those fake anti-semitism pieces,” Schulman added, “If PEN wants to survive, they have to get out of the Israel/Zionism business.”
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Church of England backs study of Palestinian Christian document accusing Israel of genocide
(JTA) — The Church of England’s legislative body voted Monday to encourage churches across England to engage with a document produced by Palestinian Christians that accuses Israel of genocide despite requests from Jewish organizations and Britain’s chief rabbi to reject it.
The document is titled “Moment of Truth: Faith in a Time of Genocide” and is also known as Kairos II, after the Palestinian Christian movement Kairos Palestine that produced it. It describes Israel’s military campaign in Gaza as a genocide, states that Israel is a “colonial enterprise built on racism,” and says decades of “occupation,” “apartheid” and “settler colonialism” are at the heart of the Israeli-Palestinian conflict.
The vote on Monday does not adopt the accusations as church doctrine but says the church should hear the documents as “heartfelt expressions of the lived experience of Palestinian Christians,” and to engage with them in order to better understand the conflict.
Ahead of the debate in York, several Jewish organizations expressed concerns, and Chief Rabbi Sir Ephraim Mirvis asked Synod members to reject the amendment. Mirvis called Kairos II “deeply concerning” and that it “risks undermining decades of careful relationship-building” between Christians and Jews.
“It is truly shocking that a document which purports to speak in the name of truth contains so much falsehood,” he said.
Afterwards, the president of the Board of Deputies of British Jews, Phil Rosenberg, issued a statement calling the passage of the motion “highly problematic.”
“Kairos Palestine may come from a place of genuine pain, but the falsehoods and distortions of Kairos II, including its erasure of Jewish identity and experience, is a prescription for more division and not the answer to conflict in the Middle East,” he said.
“This document reflects the pain and trauma of the Palestinian people. As a pastor, I hear the cry of our Palestinian Christian sisters and brothers — a cry that rises from the ruins of Gaza, and from the violence and oppression of the West Bank,” she said.
She added, ”I also hear the concerns of the chief rabbi, the co-leads of the Movement for Progressive Judaism, and the Board of Deputies, and I thank them for their honesty.” She said the church remained opposed to antisemitism and committed to safety for Israelis as well as Palestinians.
The Synod debate followed Mullally’s visit to the West Bank in June, where she met Palestinian Christian communities in Birzeit. During the visit she said, “I will use my role as Archbishop to seek the peace you desire and the freedom you deserve.”
The debate marks the ascendance of Israel-related issues in another major church, after the Catholic Church’s Pope Leo XIV angered Jewish groups soon after being elected last year by endorsing an investigation into whether Israel committed genocide in Gaza.
The post Church of England backs study of Palestinian Christian document accusing Israel of genocide appeared first on The Forward.
