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Israeli democracy may not survive a ‘reform’ of its Supreme Court

(JTA) — On Dec. 29, Israel swore in Benjamin Netanyahu’s sixth government. The Likud leader became Israel’s prime minister once more, and one week later, Israel’s long-anticipated judicial counterrevolution began.

In the Knesset Wednesday, newly minted Justice Minister and Netanyahu confidant Yariv Levin unveiled a package of proposed legislation that would alter the balance of power between Israel’s legislature and its Supreme Court.

At the core of this plan is a bill to allow the Knesset to override the Supreme Court. Levin’s proposals — which almost certainly have the immediate support of a Knesset majority, regardless of Levin’s assurances that they would be subject to “thorough debate” — would pave the way for Israel’s new government to pass legislation that curtails rights and undermines the rule of law, dealing a blow to Israeli democracy.

The dire implications of this proposed judicial reform are rooted in key characteristics of the Israeli political system that set it apart from other liberal democracies. Israel has no constitution to determine the balance of power between its various branches of government. In fact, there is no separation between Israel’s executive and legislative branches, given that the government automatically controls a majority in the parliament. 

Instead, it has a series of basic laws enacted piecemeal over the course of the state’s history that have a quasi-constitutional status, with the initial intention that they would eventually constitute a de jure constitution. 

Through the 1980s, the Knesset passed basic laws that primarily served to define state institutions, such as the country’s legislature and electoral system, capital and military. In the 1990s, there was a paradigm shift with the passage of two basic laws that for the first time concerned individuals’ rights rather than institutions, one on Human Dignity and Liberty (1992) and the other on Freedom of Occupation (1994). These laws enshrined rights to freedom of movement, personal freedom, human dignity and others to all who reside in Israel. 

Aharon Barak, the president of Israel’s Supreme Court from 1995 to 2006, argued that these laws constituted a de facto bill of rights, empowering the court to review Knesset legislation and to strike down laws that violate civil liberties, a responsibility not explicitly bestowed upon the court in the basic law pertaining to the judiciary. In 1995, the Supreme Court officially ruled that it could indeed repeal legislation that violates the country’s basic laws, heralding an era of increased judicial activism in Israel in what became known as the “judicial revolution.” The court has struck down 20 laws since, a fairly modest number compared to other democracies.

The judicial revolution of the 1990s shifted the balance of power in Israel’s political system from one of parliamentary sovereignty, in which the Knesset enjoyed ultimate power, to one in which the legislature is restricted from violating the country’s (incomplete) constitution. Israel’s Supreme Court became a check on the legislative branch in a country that lacks other checks and balances and separations of power.

As a result of these characteristics, the Supreme Court currently serves as one of the only checks on the extraordinary power of Israel’s 120-member Knesset — which is why shifting that balance of power would have such a dramatic impact on Israel’s democracy.

Levin’s proposed judicial overhaul includes several elements that would weaken the power and independence of Israel’s Supreme Court. The plan includes forbidding the Supreme Court from deliberating on and striking down basic laws themselves. It would require an unspecified “special majority” of the court to strike down legislation, raising the threshold from where it currently stands. 

Levin has also called for altering the composition of the selection committee that appoints top judges to give the government, rather than legal professionals, a majority on the panel. It would allow cabinet ministers to appoint legal advisors to act on their behalf, rather than that of the justice ministry, canceling these advisors’ role as safeguards against government overreach. Should a minister enact a decision that contravenes a basic law, the ministry’s legal advisor would no longer report the violation to the attorney general, and would instead merely offer non-binding legal advice to the minister. 

The pièce de résistance is, of course, the override clause that would allow the Knesset to reinstate laws struck down by the Supreme Court by 61 members of Knesset, a simple majority assuming all members are present. The sole restriction on this override would be a provision preventing the Knesset from re-legislating laws struck down unanimously, by all 15 judges, within the same Knesset term. 

This plan’s obvious and most immediate result would be the effective annulment of the quasi-constitutional status of Israel’s basic laws. If the Knesset’s power to legislate is no longer bound by basic laws, these de facto constitutional amendments no longer have any teeth. There are no guardrails preventing any Knesset majority from doing as it wishes, including violating basic human rights. The Knesset could pass laws openly curtailing freedom of the press or gender equality, for example, should it choose to do so.

This counterrevolution, in effect, goes further than merely undoing what occurred in the 1990s.

Most crucially, the Knesset that would once again enjoy full parliamentary sovereignty in 2022 is not the Knesset of Israel’s first four decades. Shackling the Supreme Court is essential to the agendas of the new government’s various ultra-right and ultra-religious parties. For example, the haredi Orthodox parties are eager to re-legislate a blanket exemption to the military draft for their community, which the court struck down in 2017 on the grounds that it was discriminatory. They also have their sights on revoking recognition of non-Orthodox conversions for immigrants to Israel, undoing a court decision from 2021

The far-right, Jewish supremacist parties of Bezalel Smotrich and Itamar Ben-Gvir, meanwhile, see an opportunity to deal a decisive blow to an institution that has long served as a check on the settlement movement. They hope to tie the court’s hands in the face of oncoming legislation to retroactively legalize settlements built on private Palestinian land, which are illegal under Israeli law. But this is only the beginning: Neutering the authority of the court could pave the way for legal discrimination against Israel’s Arab minority, such as Ben-Gvir’s proposal to deport minorities who show insufficient loyalty. 

The timing of Levin’s announcement Wednesday could not be more germane. The Knesset recently amended the basic law to legalize the appointment of Aryeh Deri, the Shas party leader who is serving a suspended sentence for tax fraud, as a minister in the new government. The Supreme Court convened Thursday morning to hear petitions against his appointment from those arguing that it is “unreasonable” to rehabilitate Deri given his multiple criminal convictions, a view shared by Israel’s attorney general. Levin’s proposals would bar the court from using this “reasonability” standard. 

The Israeli right has long chafed at the power of the Supreme Court, which it accuses of having a left-wing bias. But a judicial overhaul like this has never enjoyed the full support of the government, nor was Netanyahu previously in favor of it. Now, with a uniformly right-wing government and Netanyahu on trial for corruption, the prime minister’s foremost interest is appeasing his political partners and securing their support for future legislation to shield him from prosecution.

In a system where the majority rules, there need to be mechanisms in place to protect the rights of minorities — political, ethnic and religious. Liberal democracy requires respect for the rule of law and human rights. Yariv Levin’s proposals to fully subordinate the Supreme Court to the Knesset will concentrate virtually unchecked power in the hands of a few individuals — government ministers and party leaders within the coalition who effectively control what the Knesset does. That those individuals were elected in free and fair elections is no guarantee that the changes they make will be democratic. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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Chicago Adopts IHRA Definition of Antisemitism

Chicago, United States, on Aug. 22, 2024. Photo: J.W. Hendricks/NurPhoto via Reuters Connect

The City Council of Chicago, Illinois, voted on Tuesday to adopt the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism, becoming one of many governments and municipalities to affirm its utility as a reference tool for identifying antisemitic hate crimes and a safeguard of Jewish civil rights.

The measure was passed on International Holocaust Remembrance Day, which commemorated the 81st anniversary of the day when Jewish prisoners were liberated from Auschwitz, the Nazis’ deadliest extermination camp during World War II.

“Chicago now proudly joins a global consensus of more than 1,200 entities worldwide, including the United States, 37 US state governments, and 98 city and country bodies who have adopted this definition,” city council member Debra Silverstein, alderman of the 50th Ward, said in a statement praising the adoption. “At a time when antisemitic hate crimes are surging locally, this unanimous City Council action sends an unmistakable message that anti-Jewish hate has no place in Chicago.”

IHRA — an intergovernmental organization comprising dozens of countries including the US and Israel — adopted the “working definition” of antisemitism in 2016. Since then, the definition has been widely accepted by Jewish groups and lawmakers across the political spectrum, and it is now used by hundreds of governing institutions, including the US State Department, European Union, and United Nations.

According to the definition, antisemitism “is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.” It provides 11 specific, contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere. Beyond classic antisemitic behavior associated with the likes of the medieval period and Nazi Germany, the examples include denial of the Holocaust and newer forms of antisemitism targeting Israel such as demonizing the Jewish state, denying its right to exist, and holding it to standards not expected of any other democratic state.

Chicago’s embrace of the definition comes amid a historic surge in antisemitic incidents across the US and the world.

In 2024, as reported by the Anti-Defamation League’s (ADL) latest annual audit, there were 9,354 antisemitic incidents — an average of 25.6 a day — across the US, creating an atmosphere of hate not experienced in the nearly thirty years since the ADL began tracking such data in 1979. Incidents of harassment, vandalism, and assault all increased by double digits, and for the first time ever a majority of outrages — 58 percent — were related to the existence of Israel as the world’s only Jewish state.

The ADL also reported dramatic rises in incidents on college campuses, which saw the largest growth in 2024. The 1,694 incidents tallied by the ADL amounted to an 84 percent increase over the previous year. Additionally, antisemites were emboldened to commit more offenses in public in 2024 than they did in 2023, perpetrating 19 percent more attacks on Jewish people, pro-Israel demonstrators, and businesses perceived as being Jewish-owned or affiliated with Jews.

Illinois alone saw the eighth most antisemitic incidents in the country with 336, a 59 percent increase from the previous year which led the nation.

The ADL’s “Heat Map,” which tracks hate crimes in real time, shows 105 antisemitic hate incidents recorded in 2025.

In one disturbing incident in the Highland Park suburb of Chicago, an antisemitic letter threatening violence was mailed to a resident’s home. So severe were its contents that the FBI and the Illinois Terrorism and Intelligence Center were called to the scene to establish that there was no imminent danger, according to local news outlets. Later, the local government shuttered all religious institutions as a precautionary measure.

With Tuesday’s measure, Chicago became the second largest US city to adopt the IHRA definition. However, it is now the largest to have it on the books as New York City under its new mayor, Zohran Mamdani, recently revoked it along with a series of other executive orders enacted by his predecessor to combat antisemitism

US Jewish groups sharply criticized the move.

Israel’s Foreign Ministry similarly lambasted the reversal as an invitation for intensified bigotry against Jewish New Yorkers, saying, “On his very first day as New York City mayor, Mamdani shows his true face: He scraps the IHRA definition of antisemitism and lifts restrictions on boycotting Israel. This isn’t leadership. It’s antisemitic gasoline on an open fire.”

The definition could have been problematic for Mamdani, a far-left democratic socialist and avowed anti-Zionist who has made anti-Israel activism a cornerstone of his political career and been widely accused of promoting antisemitic rhetoric. A supporter of boycotting all entities tied to Israel, he has repeatedly refused to recognize Israel’s right to exist as a Jewish state; routinely accused Israel of “apartheid” and “genocide”; and refused to clearly condemn the phrase “globalize the intifada,” which has been used to call for violence against Jews and Israelis worldwide.

Follow Dion J. Pierre @DionJPierre.

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Israel is teaming up with the far right to fight global antisemitism

The Israeli government’s second annual antisemitism conference in Jerusalem this week is part of a relatively recent move by the country to concern itself with countering global antisemitism.

Early Zionists presented the State of Israel as a solution to antisemitism, sometimes downplaying the concern Jews expressed about their persecution. “The Jewish people were mistaken for blaming antisemitism for all the troubles and suffering endured in the diaspora,” David Ben-Gurion, the country’s first prime minister, wrote in 1950. “This is one of the blind spots that the Jewish people were stricken with in exile.”

But in the decades since, and especially since the government established its Ministry of Strategic Affairs 20 years ago, Israel has poured tens of millions of dollars into fighting antisemitism in the diaspora.

“You must declare, no more antisemitism. Not here. Not now. Not anywhere,” Prime Minister Benjamin Netanyahu told attendees at the Jerusalem conference. “Not on the right, not on the left.”

Netanyahu’s rhetoric mirrored the way many American Jews think about antisemitism, with concern shifting since Oct. 7 from an overwhelming focus on the far right to equal levels of concern across the political spectrum.

Israel, though, has adopted a strategy to combat antisemitism with little precedent in the diaspora: It’s partnering with the far right to fight two groups that Amichai Chikli, Israel’s minister for diaspora affairs and countering antisemitism, believes are a shared enemy for Jews and European nationalists: the “woke far left” and Muslim extremists.

Concern about antisemitism on the right is relegated to what Chikli calls the “woke right,” meaning figures like Tucker Carlson and former U.S. Rep. Marjorie Taylor Greene, who have turned against Israel in recent years.

This framework leaves space to partner with European officials like Jordan Bardella, a French politician who attended the conference and has called for closer ties between Israel and France even as he leads a party founded by a Holocaust denier.

Chikli’s approach threw last year’s inaugural conference into turmoil as Anti-Defamation League CEO Jonathan Greenblatt, British Chief Rabbi Ephraim Mirvis and several other prominent leaders pulled out of the event over the inclusion of far-right figures.

Yet Chikli doubled-down this year, reportedly dropping the ADL from his guest list while welcoming Sebastian Kurtz, the former Austrian chancellor who has railed against “political Islam,” far-right Dutch politician Geert Wilders, and Dominik Tarczynski, a Polish member of European parliament who has called Islamists “sick animals” and pledged to “fight for Christian Europe until the final victory.”

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Some have argued that Jews should embrace these tactical alliances so long as they help address a common goal — support for Israel in Europe, say, or pressure on university leaders to address campus protests in the U.S.

But most diaspora Jews have taken a much dimmer view of antisemitism strategies that appear too one-sided. While the Israeli government presented Leo Terrell, Trump’s antisemitism task force chair, with its annual Award of Honor ahead of the conference, many Jews in the U.S. have opposed the antisemitism policies that Terrell and the White House have promoted.

And when the Heritage Foundation released their blueprint for Trump to fight antisemitism, several prominent Jewish organizations rushed to distance themselves from the plan, despite supporting some of its ideas for targeting anti-Zionists, because it completely ignored far-right antisemitism.

Israel, though, is in a bind.

Given their relatively small share of the population, Jews inevitably seek to craft narratives about antisemitism that can help build a broader coalition of supporters.

For liberal Jews, who make up a majority of the American Jewish community, that often means joining with other minority groups by connecting antisemitism to other forms of racism and discrimination.

But that’s a nonstarter for the Israeli government, which is now treated as a pariah by most non-Jewish liberals outside the country, compelling it to embrace a different narrative that views its controversial conduct in Gaza as an asset: Israel is on the front lines of the battle against the threat radical Islam poses not only to Israelis and Jews but also to white, Christian Europeans and Americans.

“This conference seeks to banish political correctness,” Chikli declared during his welcome address, outlining a “struggle of the free world against the imperialism and tyranny of radical Islam.”

It’s an effective strategy for joining Israel’s cause to that of the growing nationalist movements in Europe, though it also threatens to drive a deeper wedge between American Jews and Israel.

Chikli, at least, seems to have made his peace with such a rupture and suggested that it was liberal Jews who had gone “against Torah” by succumbing to “progressive, woke neo-communist ideology.”

“This is the reality,” he said. “At the core, we’re very different.”

GO DEEPER:

  • Hosting Europe’s far-right again, minister says Diaspora criticism ‘just a disagreement’ (Times of Israel)
  • Israel’s antisemitism confab welcomes far-right pols, but draws less fire than last year (Times of Israel)

The post Israel is teaming up with the far right to fight global antisemitism appeared first on The Forward.

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BBC Apologizes for Not Mentioning Jews During Holocaust Remembrance Day Coverage

The BBC logo is displayed above the entrance to the BBC headquarters in London, Britain, July 10, 2023. Photo: REUTERS/Hollie Adams

The BBC apologized on Tuesday night after at least four of its presenters failed to mention the murder of Jews in the Holocaust during the national broadcaster’s coverage of International Holocaust Remembrance Day.

“BBC Breakfast” presenter Jon Kay said on air Tuesday morning that Holocaust Remembrance Day was “for remembering the six million people murdered by the Nazi regime over 80 years ago.” Several BBC broadcasts by some of its most well-known presenters included similar comments that omitted the mention of Jewish victims when discussing the Holocaust.

In one broadcast, “BBC News” presenter Martine Croxall also said Holocaust Remembrance Day is a day “for remembering the six million people who were murdered by the Nazi regime over 80 years ago.”

BBC World News presenter Matthew Amroliwala introduced a bulletin on his show with the same scripted line.

On the BBC Radio 4 program “Today,” presenter Caroline Nicholls discussed plans to mark Holocaust Remembrance Day and said in part: “Buildings across the UK will be illuminated this evening to mark Holocaust Memorial Day, which commemorates the six million people murdered by the Nazi regime more than 80 years ago.”

“Is the BBC trying to sever all ties with their Jewish listeners? Even on Holocaust Memorial Day, the BBC cannot bring itself to properly address antisemitism,” the Campaign Against Antisemitism posted on X. “This is absolutely disgraceful broadcasting. BBC, we demand an explanation for how this could have happened.”

The BBC addressed the mishap in a statement released late Tuesday.

“The ‘Today’ program featured interviews with relatives of Holocaust survivors, and a report from our religion editor. In both of these items we referenced the six million Jews murdered during the Holocaust,” the statement read in part, as cited by GB News. “‘BBC Breakfast’ featured a project organized by the Holocaust Educational Trust in which a Jewish survivor of the Holocaust recorded her memories. In the news bulletins on ‘Today’ and in the introduction to the story on ‘BBC Breakfast’ there were references to Holocaust Memorial Day which were incorrectly worded, and for which we apologize. Both should have referred to ‘six million Jewish people’ and we will be issuing a correction on our website.”

Karen Pollock, chief executive of the Holocaust Educational Trust, said in a post on X that the BBC’s not mentioning Jews during its coverage of Holocaust Remembrance Day is “hurtful, disrespectful, and wrong.”

“The Holocaust was the murder of six million Jewish men, women, and children. Any attempt to dilute the Holocaust, strip it of its Jewish specificity, or compare it to contemporary events is unacceptable on any day,” she added.

Danny Cohen, the BBC’s former director of television, said the mistake, especially on Holocaust Remembrance Day, “marks a new low point” for the broadcaster. He said the mishap will surely be hurtful to many in the Jewish community “and will reinforce their view that the BBC is insensitive to the concerns of British Jews.”

“It is surely the bare minimum to expect the BBC to correctly identify that it was six million Jews killed during the Holocaust,” said Cohen, as cited by the Daily Mail. “To say anything else is an insult to their memory and plays into the hands of extremists who have desperately sought to rewrite the historical truth of history’s greatest crime.”

This year’s Holocaust Remembrance Day marks the 81st anniversary of the liberation of the Auschwitz-Birkenau Nazi concentration camp in 1945. On Tuesday, King Charles and the Queen Camilla lit candles at Buckingham Palace in honor of the annual commemoration and hosted a reception for Holocaust survivors and their families. Last year, King Charles, who is patron of the Holocaust Memorial Day Trust, became the first British monarch to visit Auschwitz on the 80th anniversary of its liberation.

Tuesday was not the first time that the BBC has come under fire for its coverage of issues concerning the Jewish community or Israel.

In February 2025, the BBC apologized for “unacceptable” and “serious flaws” in its documentary about Palestinian children living in the Gaza Strip, after it was revealed that the documentary’s narrator was the son of a senior Hamas official. An internal review by the British public broadcaster also revealed that the documentary breached the BBC’s editorial guidelines on accuracy.

In July, the BBC apologized for streaming a live performance by the British punk rap duo Bob Vylan at the Glastonbury Festival, during which the band’s lead singer led the audience in chanting “Death to the IDF,” referring to the Israel Defense Forces.

Also last year, the host of “Good Morning Britain” apologized on-air for failing to mention Jewish victims of the Holocaust during her coverage of International Holocaust Remembrance Day.

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