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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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Photos: Pro-Israel counter-protesters overwhelm anti-Zionist bike rally in Philadelphia, where police arrest 3
Hundreds of pro-Israel counter-protesters gathered around Philadelphia’s Rittenhouse Square Sunday morning ahead of a bike rally targeting six Jewish-owned restaurants. There were about 300 anti-Zionist protesters and about 200 pro-Israel counterprotesters, police estimated. Rally organizers said the timing — just before the 88th anniversary of Kristallnacht, when Nazis attacked Jewish shops and homes — was coincidental.
Three people were arrested Sunday, according to police. Pennsylvania Gov. Josh Shapiro, who is Jewish, said a few hours after the crowd had dispersed, “In the midst of blatant antisemitic targeting of Jewish-owned restaurants on the anniversary of Kristallnacht, the City of Brotherly Love showed up to support our neighborhood businesses and prove once again that hate has no place in our Commonwealth.”
The post Photos: Pro-Israel counter-protesters overwhelm anti-Zionist bike rally in Philadelphia, where police arrest 3 appeared first on The Forward.
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Israel’s President Herzog tasks Gadi Eisenkot with forming Israel’s next government
(JTA) — JERUSALEM – Israeli President Isaac Herzog on Sunday formally tasked Gadi Eisenkot with forming the next government, nearly two weeks after the country held a national election and days after a majority of parliamentary factions said they would recommend Eisenkot as the next prime minister.
“Yashar Leader Gadi Eisenkot, I expect you to do everything in your power to establish a government that will serve the entire people, those who supported it and those who did not, and that will be a responsible and decent address for all sectors, faiths, ways of life, and worldviews,” Herzog said in a televised ceremony held at his residence in Jerusalem.
Eisenkot has up to six weeks to assemble a coalition, a step that typically includes at least 61 seats out of 120 in Israel’s parliament, the Knesset. If he fails to do so within that time, then the president can give another Knesset member the opportunity to form a government.
In his speech on Sunday, Eisenkot said that Israeli democracy was “at one of its most vulnerable moments.”
“The campaign to undermine the legitimacy of our democracy, together with the growing distrust in state institutions, fueled daily, has brought us to an extremely dangerous point,” he said, adding that continuing on this path Israel would reach the “point of no return.”
“The formal consultations held here, at the President’s Residence, have revealed a clear picture: an absolute majority of Knesset members, representing the Israeli public, support change and support me as prime minister,” he said.
Some 67 members of the Knesset recommended Eisenkot, a former IDF chief of staff, for prime minister during those consultations. Meanwhile, 46 members of Knesset recommended incumbent Prime Minister and Likud Leader, Benjamin Netanyahu. One faction, United Torah Judaism, with seven members of Knesset, refrained from recommending any candidate.
The consultations, Herzog said, “brought to the surface the disputes, the painful points, and of course, the multitude of voices within Israeli society and politics.”
He added that the differences “reminded us all that every citizen of Israel has an equal voice, from every side, every view, every way of life, and every faith.”
Eisenkot said he would work to bridge those divisions and attempt to form a national emergency government, even if it required “creative and unconventional political initiatives.”
For his part, Netanyahu has urged Eisenkot to join him in an emergency national unity government that will keep Israel strong against ongoing threats.
Eisenkot has responded that the “national emergency government” he will form will comprise the “four Zionist parties” of the change bloc – his own Yashar Party, B’Yachad headed by former prime ministers Naftali Bennett and Yair Lapid, Avigdor Liberman’s Yisrael Beitenu Party and the Democrats under Yair Golan.
He also said he would welcome “parties and Knesset members who support Yashar’s four principles” to join the coalition.
At the President’s Residence in Jerusalem on Sunday, Eisenkot said he would be sending out formal invitations as soon as possible “to every Knesset faction, calling on all their members, both as parties and as individuals, to take part in forming the government and bringing it to its swearing-in.”
“The rule is simple,” he added. “If you are prepared to sign on to the four principles I have set out, you are potential partners in a national emergency government under my leadership.”
Throughout his campaign, and particularly since the Oct. 27 election, Eisenkot has emphasized these four principles as the basis for forming the next government.
1) Recognition of the State of Israel as a Jewish and democratic state.
Eisenkot wants to define his coalition as a government that is committed to Israel’s Jewish national identity and to democracy, not simply an alliance united by opposition to Netanyahu.
Any party wanting to join must accept Israel’s identity as the national home of the Jewish people first. The requirement has historically been contentious for Israel’s two Arab parties, who represent 19 Knesset members.
Parties must also accept the country’s democratic institutions, which uphold equality and rights for all citizens and prioritize the rule of law.
This means parties, such as the far-right and the ultra-Orthodox, that, as members of the outgoing government, have been pushing to overhaul the country’s judiciary – a key institution in Israel’s system of democratic checks and balances – might think twice about joining.
2) Acceptance of the values of the Declaration of Independence.
Israel’s Declaration of Independence, proclaimed and signed on May 14, 1948, is a foundational document that has helped shape the country’s constitutional principles, although Israel does not have a single, formal written constitution.
In it, the signatories laid out their vision for Israel, including the historical ties the Jewish people have to the land of Israel and its place as a safe haven for Jews around the world who are in trouble.
For Eisenkot, the emphasis appears to be on one particular section that declares: “The State of Israel will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its citizens, irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; and it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.”
By embracing the Declaration of Independence, Eisenkot is recognizing the place of Israel’s minority groups, highlighting their “full and equal citizenship.” A point mentioned twice in the declaration.
The declaration also reaffirms that Israel is a country seeking peace, rather than endless conflict, at a time when Netanyahu has recently been criticized over his handling of the country’s wars on multiple fronts.
3) Mandatory service for all — military, national, and civilian, to strengthen the IDF and expand its ranks.
Including this condition for joining the government is a direct message to the ultra-Orthodox parties, at least one of which is considering supporting Eisenkot’s coalition.
United Torah Judaism, which has been aligned closely with Netanyahu’s bloc for at least the past two decades, on Thursday refused to recommend the prime minister as Israel’s next leader. Instead, the party, which holds seven seats, abstained from recommending any candidate.
Both UTJ and the second ultra-Orthodox party, Shas, have resisted efforts that would include ultra-Orthodox young men studying in yeshiva under a universal draft law requiring all eligible Israelis to perform military service.
Previous exemption laws have expired, and Israel’s Supreme Court has ruled that the state’s blanket exemption of yeshiva students from military service has no legal basis and violates principles of equality before the law.
By including this condition, Eisenkot is telling the ultra-Orthodox – and even the Arab community, most of whose members are also exempt from mandatory military service – that everyone in Israel must do their part, whether through military service or some type of national or community service.
This stipulation could either keep the ultra-Orthodox out of the government, even though Eisenkot’s partners have expressed willingness to allow their participation. Or it could force them to be more flexible on an issue that until now they have appeared unrelenting.
4) Recognition of Hamas as a terrorist organization and commitment to dismantling its military and governing power.
Leaders of the two Arab parties, the Islamist Ra’am Party and the more nationalist Joint List, have refused to make this statement out loud.
Ra’am leader Mansour Abbas, who has repeatedly condemned the Oct. 7 attack, has said he does have a clear position on this but refuses to state it publicly for several reasons ranging from concerns about his personal safety to his ties to the Muslim Brotherhood, to which Hamas is also affiliated. He has also questioned why Arab politicians are required to pass loyalty tests that are not applied equally to Jewish politicians.
When President Herzog pressed him on the matter last week, Abbas said: “I have an unequivocal answer, but leave me space to be a bridge. To also influence the other side.” He argued that maintaining channels of communication with Palestinians requires him not to adopt language that would immediately alienate them.
For the Joint List, the continued refusal to call Hamas a terror group appears to reflect the view that Hamas is part of the broader Palestinian political movement. Some of its members argue that labeling it a terrorist organization risks delegitimizing Palestinian political aspirations as a whole.
Members of the 11-member faction have condemned the Oct. 7 massacre, but are unlikely to accept this particular condition because it could be used to justify Israel’s military campaigns in Gaza and the West Bank. Its leaders also want to preserve their credibility among Palestinian voters, many of whom see the conflict through the lens of occupation and Palestinian national rights.
This article originally appeared on JTA.org.
The post Israel’s President Herzog tasks Gadi Eisenkot with forming Israel’s next government appeared first on The Forward.
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Boy George’s Tel Aviv concert was not perfect. For the crowd, that was beside the point
(JTA) — TEL AVIV — Sound problems, guitar trouble and an admission of forgotten lyrics punctuated Boy George’s second Tel Aviv show Saturday night. But the British pop star, irreverent, occasionally exasperated and frequently hilarious, could hardly have asked for a more forgiving audience.
At 65, the Culture Club frontman is no longer the chart-topping phenomenon of the 1980s. Although plenty of those who filled Menora Mivtachim Arena were old enough to remember his heyday firsthand, his appeal went well beyond nostalgia.
At a time when international stars have largely stayed away from Israel, George has become one of the country’s most outspoken supporters, enduring considerable backlash from within the music industry for his refusal to remain silent over the Oct. 7 Hamas attack.
“Silence is not a f—ing option,” he said to thunderous applause.
Saturday’s concert, the second of two nearly sold-out performances following Wednesday’s show at the same venue, was dedicated to survivors of the Nova music festival massacre and bereaved families, with 1,500 tickets donated to members of the community. Israeli DJ and producer Ofer Nissim joined George onstage in the second half, bringing a dance-club element to an evening that mixed Culture Club classics, covers and newer material.
His habit of mocking himself and mimicking others repeatedly drove the crowd to laughter, turning interruptions that might have derailed a slicker performance into part of the entertainment.
The banter ranged from wisecracks about technical glitches to personal reflections on the hostility he has encountered over his support for Israel. When a guitar failed to produce any sound, he appeared mildly irritated, telling the crew, “You have to plug things in, you know.”
“This is a weird moment,” he added, before smiling and continuing, “but this whole night has been a weird moment.”
Introducing his cover of Bob Dylan’s “It Ain’t Me, Babe,” he explained that he had attempted it on Wednesday but forgotten the lyrics. “Luckily, this time I have autocue,” he said, breaking into his trademark laugh.
As for his detractors around the world, he made clear that he had little interest in winning them over.
“I’m 65. It’s too late to hate me, I don’t give a s–t,” he told the audience.
The one person’s opinion that mattered to him, he said, was his late mother’s. Recalling an Irishman who had suggested that his Irish mother would be ashamed of his support for Israel, given Ireland’s strong sympathy for the Palestinian cause, George was defiant.
“I can tell you categorically my mother will be more proud of me than she’s ever been,” he said.
In another characteristically unpredictable diversion, George dedicated his solo release “Clouds” to Philip Sallon, a longtime Jewish friend and influential figure in London’s club scene who helped introduce him to Jewish traditions when he was young.
The two have since fallen out. “He hates my guts right now,” George said, asking anyone who knew Sallon to tell him that he had sung the song for him in Israel as an act of forgiveness, “as a mitzvah.”
But the evening’s most emotional moments belonged to “We Will Dance Again,” the song George released in July about the Nova attack. Its lyrics explicitly reference the atrocities committed on Oct. 7, criticize fellow musicians for their silence and challenge accusations of genocide against Israel.
George’s eight-day visit included a meeting with President Isaac Herzog and a trip to the Nova massacre site near Kibbutz Re’im, where Hamas terrorists murdered more than 360 festivalgoers on Oct. 7, 2023.
Having visited Israel many times before, he told the audience that this trip had affected him differently. He also appeared uneasy about the gratitude being lavished on him.
“It’s awkward for me as an outsider to be in the midst of this amazing recovery and sadness,” he said.
Survivors of the Nova massacre and relatives of those murdered joined George onstage carrying Israeli flags for “We Will Dance Again.”
George, having changed into a colorful, geometric-print suit and rhinestone-studded black hat, performed the reggae-inflected song about one of the most traumatic events in Israeli history while embracing the survivors and bereaved relatives beside him.
At one point, he seemed close to tears. “I’m going to cry,” he said.
But even the solemnity didn’t last long. When George invited one of the bereaved women to address the crowd, she demurred because she didn’t speak English.
“I’ve never met a Jewish person who doesn’t have anything to say,” he joked, drawing laughter and applause from the crowd.
In the audience, people swayed to lyrics that included an explicit reference to girls raped against trees. Kay, a singer from Tel Aviv, remained seated, tears in her eyes.
“I can’t dance to that,” she said.
Yet she was deeply moved by George and the atmosphere surrounding the performance, and was untroubled by its hiccups.
“It doesn’t have to be perfect. It just has to be human, and that’s what connects us,” she said.
Tammy, a 60-year-old dance instructor who regularly plays Culture Club songs in her classes, hadn’t initially intended to attend. But after seeing footage of George’s Wednesday performance, she changed her mind.
“I saw the clips on social media and was jealous of people who went,” she said.
Lavie, a 24-year-old Israeli-born performer who divides his time between New York and Los Angeles, had never heard of Boy George before the singer began making headlines in Israel. He started studying his music ahead of the concert, hoping to learn from the veteran entertainer’s stagecraft.
“I learned a lot,” he said toward the end of the performance. “What impressed me most was how he handled all the glitches with grace and humor.”
Not everyone was quite so impressed.
Daniel, a Jaffa resident originally from Los Angeles, was scathing about the musical performance and even more critical of the audience’s reaction.
“Everyone was off-key, and it was just awful,” he said. “But what bothered me most was the crowd’s desperate need for approval.”
“We need a national therapy session to counter our neediness,” he added.
George saved “Karma Chameleon,” the 1983 hit that made him a household name around the world, for the finale. By then, the show had stretched to roughly two and a half hours, but thousands of people were still on their feet.
George contrasted the atmosphere in Israel with London, which he described as “full of anxiety and tension.”
“It feels so relaxed here,” he said. “I don’t want to go home.”
This article originally appeared on JTA.org.
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