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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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Boston-area Jewish day school to close after 25 years, saying its model is ‘no longer sustainable’
(JTA) — For two decades, MetroWest Jewish Day School eked out an existence in the suburbs of Boston, providing what parents say was a warm and nurturing Jewish education to just dozens of children.
Now, the school says it simply cannot go on. MetroWest will shutter at the end of the academic year, officials announced last week.
“Despite extensive and sustained efforts by our Board, school leadership, faculty, staff, and committed community members to identify a viable path forward, we have concluded that our model of highly individualized Jewish day school education is no longer sustainable in the Metrowest area of Boston,” wrote board chair Steven Finn and head of school Brian Cohen wrote. “This decision was made with great care and reflection.”
Located in Framingham, Massachusetts, MetroWest Jewish Day opened in 2003 and enrolls students in pre-K through eighth grade. In its closure announcement, the school said it has served more than 300 students from over 30 towns in the greater Boston area over 25 years. According to social media posts, graduating eighth grade classes are typically between five and 10 students.
Currently, there are only about 20 students enrolled across all grades, school officials said. The school’s website shows 15 faculty and staff members.
“It’s a well-respected school,” Cohen told the Jewish Telegraphic Agency. “But in the end, if there’s not a demand for the product, the quality of the product doesn’t necessarily matter, because you don’t have customers wishing to participate.”
The closure follows a spate of recent closures of small Conservative or pluralistic Jewish day schools across the country, including in New Jersey, New York City and Arizona. Many of the schools had seen enrollment dwindle sharply. (Orthodox schools are faring better.)
Prizmah, the nonprofit network supporting Jewish schools, said it believed interest in day school enrollment had risen in the wake of Hamas’ Oct. 7, 2023, attack on Israel, as families gained new appreciation for Jewish community. But Cohen said there had been no “surge” at MetroWest, which already suffered during the Covid era.
“A lot of schools have substantially lower enrollment now than they did at the same time 10 or 20 years ago,” Cohen added. “We just are the one that is in the most critical condition right now.”
Now, MetroWest’s families must find other schools for next year. The school says founders Steven and Renée Finn “have generously committed to providing tuition scholarship support for current students who continue their Jewish day school education through eighth grade.”
Where the students might land is an open question. The Boston area is home to 13 other day schools, according to Combined Jewish Philanthropies, the city’s Jewish federation. (A “diasporic” day school that does not support Israel as a Jewish state is also in development; its founder has declined to speak with JTA but has said she believes there is adequate demand for such a school.)
MetroWest is about 15 miles from its most similar alternative, another pluralistic primary school called Jewish Community Day School of Boston. Commuting in the city’s notorious traffic could take up to an hour.
“The end of the MetroWest Jewish Day School leaves a huge hole for the local community,” said Paul Bernstein, CEO of Prizmah. “Steven and Renee Finn, working with Brian Cohen and so many others, created a wonderful school and built a proud 25-year legacy for the students and families whose lives it enriched.”
For now, the school is being mourned by the families that used it. Aviva Fellman, a rabbi at Congregation Beth Israel in Worcester, Massachusetts, is a parent of four. Her children attended MetroWest for eight years, commuting about 60 miles roundtrip.
Last year, after her oldest daughter graduated the family opted to put all of the children in schools closer to their home.
“They are still close to the friends that they made there, and we are grateful to the school for the education and social-emotional support that they received as they are all thriving and able to self-advocate and stay on top of their schooling through these changes,” Fellman said. “We also continue to be impressed with how each of our children are critical thinkers, enthusiastic learners, kind to others, and feel strongly and proudly Jewish and we thank the school for supporting and being part of all of that.”
The post Boston-area Jewish day school to close after 25 years, saying its model is ‘no longer sustainable’ appeared first on The Forward.
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France issues arrest warrants against 2 right-wing French-Israeli activists for ‘complicity in genocide’
(JTA) — France has issued arrest warrants for two French-Israeli activists for “complicity in genocide,” a charge that stemmed from the pair allegedly blocking humanitarian aid from entering the Gaza Strip.
The arrest warrants were issued in July against Nili Kupfer-Naouri, the president of the organization Israel Is Forever, and Rachel Touitou, an activist with the organization Tsav 9, a right-wing Israeli group that was sanctioned by the United States in June 2024 for destroying humanitarian aid for Gaza.
The two have been charged with “complicity in genocide” and “public and direct incitement to genocide,” the French newspaper Le Monde reported on Monday. They are accused of trying to block humanitarian aid trucks from entering Gaza between January and November 2024 and in May 2025.
An array of activists, including military reservists and family members of some hostages, sought to block the aid trucks from entering Gaza on the theory that helping Gazans would alleviate pressure on Hamas.
In an interview with i24News, Kupfer-Naouri said, “I blocked trucks that were supplying Hamas. If I had to do it again, I would do it again.” (Israel accused Hamas of stealing aid shipments to Gaza during the conflict.)
The warrants are notable because they represent a success by advocacy organizations seeking to hold Israelis responsible for what they say are war crimes. The warrants stemmed from a complaint made last year by the Palestinian Center for Human Rights and the groups Al-Mezan and Al-Haq, which were all sanctioned by the United States in September for having “directly engaged in efforts by the International Criminal Court to investigate, arrest, detain, or prosecute Israeli nationals, without Israel’s consent.”
In a joint statement with the French Jewish Union for Peace, which joined the complaint, the groups called the arrest warrant against Kupfer-Naouri “a historic step forward in the fight against impunity.”
The warrants call for Kupfer-Naouri and Touitou, who were both born in France and live in Israel, to appear before an investigating judge, but not for their detention, according to the French news agency AFP.
Touitou condemned the arrest warrant in a post on X Monday.
“If peacefully demonstrating with an Israeli flag against a terrorist organization seizing humanitarian aid, diverting it, and reselling it at exorbitant prices to Gazans is a crime—then there’s no need to look down on the Mullahs, France is just like Iran!,” she wrote. “I will always fight to defend the truth, my people, and my country 🇮🇱.”
In an interview posted on X last month, Kupfer-Naouri called the investigation an “antisemitic delusion,” adding, “I will no longer be able to set foot in France because I have no intention of going to French jails, neither in police custody, nor anything else.”
Kupfer-Naouri said the investigation could set a “very dangerous precedent” for French-Israeli soldiers in the Israeli military who return home to France.
Some Israeli soldiers traveling abroad have faced war crime inquiries for their actions in Gaza. Over the summer, some Canadian IDF soldiers also reported that they feared returning home after the Royal Canadian Mounted Police announced it had opened an investigation into crimes committed by Canadians during the war in Gaza.
The post France issues arrest warrants against 2 right-wing French-Israeli activists for ‘complicity in genocide’ appeared first on The Forward.
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Islamic State Terrorist Attack on Niger Airport Potentially More Deadly Than Government Revealed
Members of the Nigerien army walk near the motorcycles seized from the attackers, following an attack on Niamey International Airport, in Niamey, Niger, Jan. 29, 2026, in this screengrab from a video. Photo: ORTN/Reuters TV/Handout via REUTERSISIS
Islamic State’s attack on the airport in Niger‘s capital Niamey last week may have been more severe than the Nigerien government claimed, according to recent reports and a video released by a media outlet affiliated with the terrorist group.
More than 30 members of the Islamic State branch in the Sahel region targeted the Diori Hamani International Airport and Air Base 101 shortly after midnight on Thursday using guns, drones, and explosives. The jihadist group on Friday took credit for the assault in a short statement released online through its propaganda outlet, Amaq News Agency.
US forces had previously used the air base in Niamey — located six miles from the presidential palace — for maintaining drones until withdrawing in 2024 following the previous year’s coup d’état orchestrated by former Presidential Guard commander General Abdourahamane Tchiani, who now serves as the landlocked country’s 11th president.
Niger’s military and Russia’s Africa Corps mercenary group, which was also stationed at the base, said they combated the attack. Niger has so far reported four of its troops suffered injuries and there was little damage. The government said it killed 20 attackers and captured 11, at least one of whom was a French national, leading Nigerien authorities to blame France and the Economic Community of West African States (ECOWAS) for the attack.
“We remind the sponsors of those mercenaries, who are Emmanuel Macron [president of France], Patrice Talon [president of Benin], and Alassane Ouattara [president of the Ivory Coast], we have sufficiently heard them bark, and they should now in turn be prepared to hear us roar,” Tchiani said in a statement on national television.
While the government’s reason for ignoring Islamic State was not immediately clear, Niger has previously blamed its neighbors and former colonial ruler France for internal instability.
However, following its initial claim of responsibility, Islamic State published a 90-secoind video of the attack through Amaq News Agency, depicting far more damage than what Nigerien authorities claimed.
The video showed that some attackers came in on motorcycles and attacked aircraft hangars in Air Base 101, burning and shooting the planes. The video also presented a burning helicopter, and an additional statement from the terrorist group claimed the torching of a drone.
Local reports and accounts circulated on social media aligned with Islamic State’s account of greater damage, describing hits on civilian aircraft and a destroyed ammunition depot.
The base is a key military hub in the region, reportedly hosting a contested stockpile of uranium and the headquarters for the Niger-Burkina Faso-Mali Joint Force.
Caleb Weiss, an analyst who focuses on the spread of the Islamic State in Central Africa, reported in the Foundation for Defense of Democracy’s Long War Journal that unconfirmed social media reports reveal “a much higher death toll for both local Nigerien security forces and men from Russia’s Africa Corps who were also stationed at the airbase” — specifically, at least 24 Nigerien soldiers and three Russian mercenaries.
At the same time as the Niger attack, Islamic State’s West Africa Province perpetrated a similar strike in Nigeria’s Sabon Gari army base in Borno, leaving at least nine dead and more wounded.
The assaults came amid a surge of Islamic State terrorist activity across Africa, including the Sahel region, which stretches from the Horn of Africa to the Atlantic Ocean, just under the Sahara Desert. The Islamic State regional affiliate there has killed more than 120 people in the Tillabéri territory in September and also kidnapped an American in October.
“From Somalia to Nigeria, the problem set is connected. So, we’re trying to take it apart and then provide partners with the information they need,” the deputy commander of US Africa Command (AFRICOM), Lt. General John Brennan, said in January.
Terrorism in western Africa has exploded in recent years following three coups which have led their military leaders to create a confederacy aligned with Russia. Niger has joined with Burkina Faso and Mali to create the Association of Sahel States (AES), as an alternative to the ECOWAS. Reports have emerged of alleged atrocities committed by Russian mercenaries in Mali.
A November report from the Combating Terrorism Center at West Point revealed that Africa had become the global hot spot for terrorist killings. Analysts explained that “where once the global terror threat was concentrated in the Middle East and North Africa, today it is centered in the Sahel, specifically in the tri-border region between Burkina Faso, Mali, and Niger.”
The data showed that 86 percent of deaths caused by terrorism happened in 10 countries with 7 in Africa and 5 in the Sahel.