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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.
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This Israeli filmmaker harshly criticizes his country. Pro-Palestinian activists boycotted him anyway
(JTA) — Earlier this year Nadav Lapid, the award-winning Israeli dissident filmmaker, traveled with his son to Marseille for a screening of his latest film. He fell in love.
“This city reminded me of Tel Aviv, in a way, with the beach and everything,” he recounted Wednesday to the Jewish Telegraphic Agency — referring to the city he no longer lives in, having built a career with movies that take sharp aim at what he calls the “moral abyss” of Israeli society. When a Marseille film festival then invited him to serve on its jury for its upcoming installment in July, he readily accepted.
Then the boycotts started. Last month around a dozen pro-Palestinian filmmakers threatened to pull out of the upcoming Marseille International Film Festival over Lapid’s planned participation because, they said, he had accepted funding from the Israeli government to support his work. (Lapid’s movies, including his latest, have received funding from Israel’s film fund.) Following this, according to the accounts of both Lapid and the festival’s director, the festival had second thoughts about him serving on the jury.
While the festival offered him the opportunity to participate in a public master class instead, Lapid said, the protesters hadn’t relented: “It’s not enough for these people.”
Frustrated, the director earlier this week decided to pull out of the festival altogether. He’s not happy about it.
“To make people like myself the enemy when the actual state of things is so terrible, it’s insanity. It’s stupidity,” he told JTA. “For them, the highest triumph of the Palestinian cause is if they will cancel my master class in Marseille? I think it’s pathetic.”
Lapid has received a groundswell of support this week: Natalie Portman and hundreds of other film-industry figures have signed open letters criticizing the boycotts against him. While he’s uncomfortable with being in the spotlight for reasons unrelated to his films, Lapid said he’s pleased with this outcome.
“You could have composed an unbelievable cinematic program from only the filmmakers that texted me during the last hour,” he said.
Even so, the filmmaker says, he’s now unsure if he is still welcome in France as a dissident Israeli.
“I asked myself whether they would like me to stop doing movies, or to leave France,” he told JTA. Elsewhere, he’s described himself as “homeless.”
It’s the latest unspooling of painful dynamics around artistic boycotts of artists and institutions seen by the left as normalizing Israel. Last month another French cultural figure, the Jewish comics artist Joann Sfar (“The Rabbi’s Cat”), faced calls to boycott his presence at a literary festival, also in Marseille. In its justification, a pro-Palestinian artist collective, pushing an Instagram post reading “Zionists out of our city,” cited Sfar’s signing of an open letter last year that argued a Palestinian state should not be recognized unless Hamas could be disarmed and Gaza’s Israeli hostages freed.
In recent months, in addition to broader boycotts of the Israeli film and TV industry, several leading cultural critics of Israel — both Jewish and not — have been targeted as well. Those include bestselling author Sally Rooney for publishing a Hebrew-language translation of her novel with a left-wing Israeli publisher (some prominent activists accused her of exploiting a “loophole” in the Boycott, Divestment, Sanctions movement against Israel); Jewish Currents editor Peter Beinart for speaking at Tel Aviv University; and Jewish author Joshua Leifer for associating with a “Zionist” rabbi at a book event.
In Lapid’s case, the group organizing against him, La Palestine Sauvera Le Cinéma, argued that “Nadav Lapid is not being targeted because of his Israeli nationality.”
Instead, the collective asserted, their objection was due to Lapid having accepted funding from Israel to complete his latest film, “Yes!”; the fact that the film premiered at the Cannes Film Festival as an Israeli co-production and competed for Israel’s highest film awards; and Lapid’s past participation in an Israeli film festival in Paris.
“The cultural boycott does not target artists because of their nationality or personal opinions,” the filmmakers wrote, in French, in a blog post. “What is at issue here is the reality of their integration into the institutional and political structures of the Israeli state.”
For Lapid, whose new movie follows Israeli musicians hired to write an openly genocidal post-Oct. 7 anthem for their nation, this argument doesn’t hold water. Lapid has long been critical of cultural boycotts, including BDS. Such measures, he told JTA, are a form of “dogmatic Stalinism” and don’t “move one piece of sand” in Israel.
“I became a test case of purity,” he mused.
Others agree. More than 350 entertainment industry figures signed the first of two open letters in the French newspaper Le Monde backing him, which was published Sunday.
“Inviting an artist to a festival does not make them a cultural ambassador,” the letter reads, in French, decrying a “campaign of intimidation” against Lapid while also noting what the signatories said was the “genocidal logic” of Israel’s campaign in Gaza.
Among this letter’s signatories were Justine Triet and Arthur Harari, the Oscar-winning team behind “Anatomy of a Fall”; Harari is Jewish and a critic of Israel himself. Arnaud Desplechin, a French filmmaker who often features Jewish characters in his work, also signed. Other signers include acclaimed directors Claire Denis, Mati Diop, and Kleber Mendonça Filho; Romanian director Radu Jude, whose films have explored his country’s complicity in the Holocaust; and Palestinian historian Elias Sanbar.
A second open letter, published on Monday, calls the campaign against Lapid an “intellectual failure” and states, “No matter what crimes a state may commit, no one should be reduced to a passport.” It was signed by a smaller cohort of 10 names, including Portman; French-Jewish director Rebecca Zlotowski; and Oscar-winning filmmakers Jacques Audiard and Michel Hazanavicius.
Like Lapid, Portman — an Israeli-American actress who is one of the most prominent Jews in Hollywood — is a longtime critic of the Israeli government and opponent of the BDS movement.
Creative Community For Peace, a pro-Israel entertainment group, said Wednesday its members also oppose the boycott of Lapid, adding that Israel “funds, screens, and honors films that challenge its leaders, criticize its society, and engage openly with its most difficult debates.”
Unusually, the Marseille festival’s own director, Tsveta Dobreva, also signed one of the open letters in support of Lapid after she appeared to acquiesce to the earlier demands to pull him from the jury.
In an email, Dobreva told JTA her festival “fully supports Nadav Lapid,” saying that she had removed him from the jury out of concern he would be targeted at the event. She did not believe she had “agreed to the boycotters’ demands,” she said.
“Few festivals or cultural institutions in our days have the courage to extend invitations that may provoke controversy, and we stand with Nadav in believing that this form of self-censorship must be resisted, as it only contributes to the problem,” Dobreva wrote.
Lapid intends his next movie to be a follow-up to “Synonyms,” his 2019 film about an Israeli expat in Paris that won the top prize at the Berlin Film Festival. The Marseille festival is scheduled for July, but he says now he has no intention of going: “I’ll find other beaches.”
The post This Israeli filmmaker harshly criticizes his country. Pro-Palestinian activists boycotted him anyway appeared first on The Forward.
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Trump is imagining an Israel after Netanyahu. So are many Israelis. Netanyahu isn’t biting.
(JTA) — The party of Israeli Prime Minister Benjamin Netanyahu has rejected speculation that he might not run in Israel’s election this fall, following an offhand comment by U.S. President Donald Trump.
On Tuesday, ABC correspondent Jonathan Karl tweeted that Trump had told him he was unsure if Netanyahu wanted to press forward in the elections.
“He’s had an amazing career,” Trump said, according to Karl. “Does he want to continue? Because, you know, he’s a wartime prime minister. We will very shortly win the war one way or the other, and you know he’s a wartime prime minister.”
Netanyahu has been prime minister for more than 15 of the last 17 years, losing power only briefly in 2021 and 2022. Israel’s current wars began on Oct. 7, 2023, when Hamas attacked Israel, triggering regional conflict that has grown to include a joint U.S.-Israeli war with Iran.
Trump’s reported comments left some wondering whether he knew something they did not, amid polling suggesting that Netanyahu will struggle to secure enough votes to put together a governing coalition after elections this fall. Could Trump know that Netanyahu is considering suspending his already-active campaign? Or could Trump, who this week told the BBC that Netanyahu does anything the U.S. president tells him to, be planning to order his Israeli counterpart to stand down amid growing anti-Israel sentiment in the United States?
Netanyahu’s Likud party soon demolished the idea. “Prime Minister Netanyahu will run in the upcoming elections — and with God’s help, he will win,” the party posted Wednesday on X.
Only a minority of Israelis were primed to appreciate the declaration, according to a poll released this week by the Israel Democracy Institute. It found that 61% of Israelis, including 27% of Likud members, do not want to see Netanyahu run again this fall. The same proportion said they want to see Israel adopt a two-term limit for prime ministers in the future.
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Spain reports 86% rise in antisemitic incidents, as interior minister takes aim at ‘xenophobia’
(JTA) — Antisemitic offenses in Spain rose 86% last year amid the country’s highest total hate incidents on record, according to a report from the Spanish government.
Jews were targeted in 69 hate crimes and incidents in 2025, up from 37 in 2024, according to a report released last week by Spain’s Interior Ministry. Islamophobic attacks also increased from 15 to 35 incidents.
Interior Minister Fernando Grande-Marlaska said in a video posted on Facebook that his office documented 2,417 total hate incidents last year, the highest figure since it began recording in 2014. Spain is home to about 70,000 Jews, according to the Federation of Jewish Communities of Spain.
The ministry defined antisemitism as any act of hatred, violence or discrimination directed against Jews or “nationals of the State of Israel.”
Spanish Prime Minister Pedro Sánchez has become one of Europe’s sharpest critics of Israel and its military action in Gaza, which he says constitutes genocide. Spain imposed a total arms embargo on Israel in 2025 and permanently withdrew its ambassador in March, following Israel’s withdrawal of its ambassador to Spain in 2024.
The Interior Ministry said hate crimes motivated by racism and xenophobia accounted for the largest number of offenses at 934. Grande-Marlaska called out “public officials” for rhetoric and policies that he said inflamed xenophobic sentiment.
Grande-Marlaska released his report as Spain’s far-right, anti-immigration Vox party advocates for a “national priority” policy that favors Spaniards over others in access to public aid and benefits, such as subsidized housing and healthcare. Vox recently struck deals with the conservative People’s Party to insert the “national priority” clause into coalition agreements in the regions of Extremadura, Aragón and Castile and León.
“The national priority is xenophobia,” Grande-Marlaska said. “It is institutionalized xenophobia, protected and promoted by public officials who legitimize and amplify hate speech that, in the past, would have been condemned when it entered the public sphere.”
Vox is strongly supportive of Israel, whose government has allied with the party despite a history of neo-Nazis in its ranks. Vox leader Santiago Abascal visited Israel in 2024 to show his support for Prime Minister Benjamin Netanyahu after Sánchez recognized a Palestinian state.
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