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A law professor worries Israel could become the next Hungary

(JTA) — Israel’s new governing coalition has been called the “most right-wing” in the nation’s history. That’s heartening to supporters who want the country to get tough on crime and secure Jewish rights to live in the West Bank, and dismaying to critics who see a government bent on denying rights to Israel’s minorities and undermining any hope for a peaceful solution to the Israeli-Palestinian conflict.

While the far-right politics of new government ministers Bezalel Smotrich and Itamar Ben Gvir have drawn much of the world’s attention, a series of proposed changes to Israel’s judicial system has also been raising hopes and alarms. On Wednesday, new Justice Minister Yariv Levin announced an overhaul that would limit the authority of the High Court of Justice, Israel’s Supreme Court. It would put more politicians on the selection committee that picks judges, restrict the High Court’s ability to strike down laws and government decisions and enact an “override clause” enabling the Knesset to rewrite court decisions with a simple majority.

Levin and his supporters on the right justify these changes as a way to restore balance to a system that he says puts too much control in the hands of (lately) left-leaning judges: “We go to the polls, vote, elect, and time after time, people we didn’t elect choose for us. Many sectors of the public look to the judicial system and do not find their voices heard,” he asserted. “That is not democracy.”

Critics of the changes call them a power grab, one that will hand more leverage to the haredi Orthodox parties, remove checks on the settlement movement and limit civil society groups’ ability to litigate on behalf of Israeli minorities

To help me make sense of the claims on both sides, I turned to Tom Ginsburg of the University of Chicago, where he is the Leo Spitz Distinguished Service Professor of International Law and co-directs the Comparative Constitutions Project, which gathers and analyzes the constitutions of all independent nation-states. He’s also a Jew who has transformed a former synagogue on the South Side of Chicago into a cutting-edge arts space, and says what’s happening with Israel’s new governing coalition “raises my complicated relationship with the country.”

We spoke on Friday. Our conversation has been edited for length and clarity.

Jewish Telegraphic Agency: You have written about law in Israel, which lacks a constitution but relies on a series of “basic laws” to define its fundamental institutions. You’ve written that the Israeli judiciary had become “extremely powerful” — maybe too powerful — in imbuing the basic laws with a constitutional character, but worry that the current reforms will politicize the court in ways that will undermine Israeli democracy.

Tom Ginsburg: The proposed reforms were a campaign promise of certain elements of this coalition who have had longstanding grievances against the Israeli judiciary. The Israeli judiciary over the last decades has indeed become extremely powerful and important in writing or rewriting a constitution for Israel, promoting human rights and serving as a check and balance in a unicameral parliamentary system where the legislature can do anything it wants as a formal matter. A lot of people have had problems with that at the level of theory and practice. So there have been some reforms, and the court has, in my view, cut back on its activism in recent decades and in some sense has been more responsive to the center of the country. But there’s longstanding grievances from the political right, and that’s the context of these proposals.

A lot of the concerns about the new government in Israel are coming from the American Jewish left. But in an American context, the American Jewish left also has a big problem with the United States Supreme Court, because they see it as being too activist on the right. So in some ways isn’t the new Israeli government looking to do what American Jewish liberals dream of doing in this country?

Isn’t that funny? But the context is really different. The basic point is that judicial independence is a really good thing. Judicial accountability is a really good thing. And if you study high courts around the world, as I do, you see that there’s kind of a calibration, a balancing of institutional factors which lead towards more independence or more accountability and sometimes things switch around over time. 

Israeli Justice Minister Yariv Levin holds a press conference at the Knesset, the Israeli parliament in Jerusalem, Jan. 4, 2023. (Olivier Fitoussi/Flash90)

You mean “accountability” in the sense that courts should be accountable to the public. 

Right. The Israeli promoters of these plans are pointing to the United States, in particular, for the proposals for more political involvement in the appointment process. On the other hand, in the United States once you’re appointed politically, you’re serving for life. There’s literally no check on your power. And so maybe some people think we have too much independence. If these proposals go through in Israel, there will be a front-end politicization of the court [in terms of the selection commission], but also back-end checks on the court [with the override clause that would allow a simple majority to reinstate laws struck down by the Supreme Court]. So in some sense, it moves the pendulum very far away from independence and very much towards accountability to the point of possible politicization.

And accountability in that case is too much of a good thing.

Again, you don’t want courts that can just make up rules. They should be responsive to society. On the other hand, you don’t want judges who are so responsive to society that there’s no protection for the basic rights of unpopular minorities. 

What makes Israel either unique or different from some of the other countries you study, and certainly the United States? Part of it, I would guess, is the fact that it does not have a constitution. Is that a useful distinction?

They couldn’t agree on a single written constitution at the outset of the country, but they have built one through what you might call a “common law method”: norms and practices over time as well as the system of “basic laws,” which are passed by an absolute majority of the Knesset, where a majority of 61 votes can change any of those. But while they’re not formally entrenched, they have a kind of political status because of that term: basic law. 

By the way, the Germans are in the same boat. The German constitution is called the Basic Law. And it was always meant to be a provisional constitution until they got together and reunified.

If you don’t have a written constitution, what’s the source of the legitimacy of judicial power? What is to prevent a Knesset from just passing literally any law, including ones that violate all kinds of rights, or installing a dictator? It has been political norms. And because Israel has relied on political norms, that means that this current conflict is going to have extremely high stakes for Israeli governance for many decades to come.

Can you give me a couple of examples? What are the high stakes in terms of democratic governance?

First of all, let me just say in principle that I don’t oppose reforms to make the judiciary more independent or accountable in any particular country. But then you obviously have to look at the local context. What’s a little worrying about this particular example is that several members of this coalition are themselves about to be subject to judicial proceedings. 

Including the prime minister, Benjamin Netanyahu.

Right. And for example, they need to change the rules so that [Shas Party chairman] Aryeh Deri can sit in the cabinet despite his prior convictions. That indicates to me that maybe this isn’t a good-faith argument about the proper structure of the Israeli, uncodified constitution, but instead a mechanism of expediency.

Any one of these reforms might look okay, and you can find other countries that have done them. The combination, however, renders the judiciary extremely weak. Right now, it’s a multi-stakeholder commission that nominates and appoints judges in Israel, and the new coalition wants to propose that the commission be made up of a majority of politicians. We know that when you change the appointments mechanism to put more politicians on those committees, the more politicized they become.

Think about the United States process of appointing our Supreme Court judges: It’s highly politicized, and obviously the legitimacy of the court has taken a big hit in recent years. In Israel, you’d have politicized appointments under these reforms, but then you also have the ability of the Knesset to override any particular ruling that it wanted. Again, you can find countries which have that. It’s called the “new commonwealth model” of constitutionalism, in which courts don’t have the final say on constitutional matters, and the legislature can overrule them on particular rulings. But I think the combination is very dangerous because you could have a situation where the Knesset — which currently has a role in protecting human rights — can pick out and override specific cases, which really to me goes against the idea of the rule of law.  

You mentioned other countries. Are there other countries where these kinds of changes were enacted and we saw how the experiment turned out?

The two most prominent recently are Hungary and Poland, which are not necessarily countries that you want to compare yourself to.

Certainly not if you are Israel.

Right. There’s so much irony here. When the new Polish government came in in 2015, they immediately manipulated the appointment system for the Constitutional Court and appointed their own majority, which then allowed them to pass legislation which probably would have been ruled unconstitutional. They basically set up a system where they were going to replace lower judges and so they were going to grow themselves into a majority of the court. And that’s led to controversy and rulings outside the mainstream that have led to protests, while the European Union is withholding funds and such from Poland because of this manipulation of the court.

In Hungary, Victor Orban was a really radical leader, and when he had a bare majority to change the constitution he wiped out all the previous jurisprudence of the Constitutional Court. I don’t think the Israeli government would do that. But still there is this kind of worrying sense that they’re able to manipulate interpretation of law for their own particular political interest. 

Another thing I want to raise is the potential for a constitutional crisis now. Suppose they pass these laws and the Israeli Supreme Court says, “Well, wait a minute, that interferes with our common law rules that we are bound by, going back to the British Mandate.” It conflicts with the basic law and they invoke what legal scholars call the “doctrine of unconstitutional constitutional amendments,” which is basically saying that an amendment goes against the core of our democratic system and violates, for example, Israel’s character as a Jewish and democratic society. Israel has never done this, but it is a kind of tool that one sees deployed around the world in these crises. And if that happened, then I think you would have a full constitutional crisis on your hands in Israel.  

Supreme Court President Aharon Barak speaks with Prime Minister Benjamin Netanyahu during a ceremony in the Supreme Court marking 50 years of law, Sept. 15, 1998. (Avi Ohayon)

What does a constitutional crisis look like? 

Suppose you have sitting justices in Israel who say, “You know, this Knesset law violates the basic law and therefore it’s invalid.” And then, would the Knesset try to impeach those judges? Would they cut the budget of the judiciary? Would they back down?

When you compare Israel’s judicial system to other countries’ over the years, how does it stack up? Is it up there among the very strong systems or is it known for flaws that might have maybe hobbled its effectiveness?

It’s always been seen around the world as a very strong judiciary. Under the leadership of Aharon Barak [president of Israel’s Supreme Court from 1995 to 2006] it became extremely activist. And this provoked backlash in Israeli politics. That led to a kind of recalibration of the court where it is still doing its traditional role of defending fundamental rights and ensuring the integrity of the political process, but it’s not making up norms left and right, in the way that it used to. This is my perception. But it’s certainly seen as one of the leading courts around the world, its decisions are cited by others, and because of the quality of the judges and the complex issues that Israel faces it’s seen as a strong court and an effective court and to me a balanced court.

But, you know, I’m not in Israel, and ultimately, they’re going to figure out the question how balanced it is or where it’s going to go. I do worry that an unchecked majoritarian system, especially with a pure proportional representation model like Israel, has the potential for the capture of government by some minorities to wield power against other minorities. And that’s a problem for democracies — to some degree, that’s a problem we face in the United States.

How correctable are these reforms? I am thinking of someone who says, “These are democratically elected representatives who now want to change a system. If you want to change the system, elect your own majority.” Is the ship of state like this really hard to turn around once you go in a certain direction?

This is an area in which I think Israel and the United States have a lot of similarities. For several decades now, the judiciary has been a major issue for those on the political right. They thought the Warren Court was too left-leaning and they started the Federalist Society to create a whole cadre of people to staff the courts. They’ve done that and now the federal courts are certainly much more conservative than the country probably. But the left didn’t really have a theory of judicial power in the United States. And I think that’s kind of true in Israel: It’s a big issue for the political right, but the political left, besides just being not very cohesive at the moment, isn’t able to articulate what’s good about having an independent judiciary. It is correctable in theory, but that would require the rule of law to become a politically salient issue, which it generally isn’t in that many countries. 

How do you relate to what is happening in Israel as a Jew, and not just a legal scholar?  

That’s a great question, because it really raises my complicated relationship with the country. You know, I find it to be a very interesting democracy. I like going to Israel because it’s a society in which there’s a lot of argument, a lot of good court cases and a lot of good legal scholars. On one level, I connect with my colleagues and friends there who seem very demoralized about this current moment. And I honestly worry about whether this society will remain a Jewish and democratic one with the current coalition. 

The rule of law is a part of democracy. You need the rule of law in order to have democracy function. And I know others would respond and say, “Oh, you’re just being hysterical.” And, “This isn’t Sweden, it’s the Middle East.” But the ethno-nationalist direction of the country bothers me as a Jew, and I hope that the court remains there to prevent it from deepening further.


The post A law professor worries Israel could become the next Hungary appeared first on Jewish Telegraphic Agency.

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‘This isn’t the Gov. Newsom that we know’: One week after apartheid remark, calls to reconsider remain unheeded

One week after California Gov. Gavin Newsom caused a stir by using the term “apartheid” to describe Israel, Jewish leaders in the state and beyond — have tried in vain to get him to walk back his statement.

Those seeking answers include allies of the term-limited governor, a likely presidential candidate, who have defended his record and even the comment itself.

Newsom said March 3 on a podcast that Israel had been talked about “appropriately as sort of an apartheid state,” and suggested that a time may come when the U.S. should reconsider its military aid to Israel.

Some Jewish leaders have said the apartheid comment had been taken out of context, and representatives of Jewish groups who met with the governor’s staff following Newsom’s remark called the conversation constructive. But Newsom has not backtracked in public appearances since then, leaving those leaders split on whether a serious contender for the 2028 Democratic nomination — long seen as a champion of Jewish causes — is plotting a new course on the national stage.

Newsom’s clarification two days later — noting that he was referencing a Thomas Friedman column in the New York Times about the direction Israel was headed — offered them little succor.

“It’s out of step,” said David Bocarsly, executive director of Jewish California, a group that represents more than 30 Jewish community organizations in the state. “This isn’t the Governor Newsom that we know.”

Newsom’s office did not respond to an inquiry.

‘Sort of an apartheid state’

Newsom made the remark in a live taping of Pod Save America, a podcast hosted by former Obama administration staffers Jon Favreau and Tommy Vietor. The duo, who are among the Democratic mainstream’s most vocal Israel critics, asked Newsom whether he thought the time had come to reevaluate American military support for the country.

A statement slammed by one Jewish outlet as “finger-in-the-wind politics.”

In an extended response, Newsom brought up Israeli Prime Minister Benjamin Netanyahu.

“The issue of Bibi is interesting, because he’s got his own domestic issues,” Newsom said. “He’s trying to stay out of jail. He’s got an election coming up. He’s potentially on the ropes. He’s got folks, the hard line, that want to annex the West—the West Bank. I mean, Friedman and others are talking about it appropriately as a sort of an apartheid state.”

As to whether the United States should consider rethinking military support for Israel down the road, Newsom replied, “I don’t think you have a choice but that consideration.”

Jewish California executive director David Bocarsly. Courtesy of Jewish California

Newsom’s use of the term and apparent willingness to break from pro-Israel orthodoxy sent heads spinning. Jewish Insider described the interview as a “hard left” shift. A column in the Jewish Journal of Greater Los Angeles assailed Newsom for “finger in the wind politics.” And secular outlets like Politico and The Guardian reported that Newsom had likened Israel to an apartheid state.

Even organizations that have historically enjoyed a collaborative relationship with Newsom publicly condemned the remarks. Jewish California, whose member groups include the state’s local Jewish federations, took to Instagram to call them “inflammatory.”

Newsom said in a subsequent live appearance March 5 that he was referencing Friedman’s recent assertion that Israel annexing the West Bank without giving Palestinians equal rights would create an apartheid system.

“I was specifically referring to a Tom Friedman column last week, where Tom used that word, ‘apartheid,’ as it relates to the direction Bibi is going, particularly on the annexation of the West Bank,” he said. “I’m very angry with what he is doing.”

The clarification wasn’t strong enough for the Jewish California coalition. Bocarsly told The Jewish News of Northern California last week the groups hoped to see a definitive public statement from the governor that he continues to support funding for Israel’s defense and that he “doesn’t believe that a thriving, pluralistic and democratic society, as it is in its current state, is an apartheid state.”

Tye Gregory, chief executive of the JCRC Bay Area — a Jewish California member group — added to the outlet that “we need to hear directly from the governor.”

The coalition left its conversation with Newsom officials believing such a statement was forthcoming, but Bocarsly said his optimism was fading.

“It’s been several days, and we haven’t seen the clarification that we had hoped,” Bocarsly said. “And we’re still waiting.”

A loaded word

Some international and Israeli human rights organizations say Israel’s occupation of the West Bank and the treatment of Palestinians in the territory already constitutes apartheid.

The term was originally used to describe the system of institutionalized segregation in South Africa that granted the minority white population official higher status, denied nonwhites the right to vote and enforced a range of other forms of economic, political and social domination. Those applying the apartheid term to Israel point to the Israeli citizenship, voting rights, freedom of movement and legal protections granted in the West Bank to Israeli residents but not Palestinians in the territory.

But many Jews say that any charge of apartheid — whether referring to the present or a hypothetical future — oversimplifies the Israeli-Palestinian conflict and is used as a cudgel to delegitimize the Jewish state, where within its boundaries Israeli Arabs can vote and travel freely.

Israel annexing the West Bank — a stated goal of far-right ministers in the Netanyahu coalition like Itamar Ben Gvir and Bezalel Smotrich — would replace the premise of Palestinian sovereignty in the territory, which is officially governed by the Palestinian Authority, and enshrine the two-tier system. Such a step, Friedman wrote in a Feb. 17 column, would amount to apartheid.

“It’s been several days, and we haven’t seen the clarification that we had hoped. And we’re still waiting.”

David BocarslyExecutive Director, Jewish California

Bocarsly believed that Newsom’s reference to apartheid had been misinterpreted — even after the governor clarified his views — as describing Israel today, rather than a future scenario.

Nevertheless, he said, by invoking the term “apartheid” at all the governor had played into an effort among Israel’s detractors to make use of terms like “apartheid” and “genocide” to describe the Jewish state’s actions a litmus test for elected leaders.

Only a month earlier, Democratic State Senator Scott Wiener — then the co-chair of California Legislative Jewish Caucus — called Israel’s war in Gaza a genocide, after first declining to during a congressional candidate debate and getting jeers in response.

“For someone as close to our community as Gavin Newsom is, I think it was disappointing and painful for a lot of people to see that he was falling into this test,” Bocarsly said. “We want to know that when it comes down to it, that he is willing to avoid criticizing Israel in that way.”

Halie Soifer, chief executive of the Jewish Democratic Council of America, said Newsom’s initial comments had been taken out of context, and she was satisfied with his later clarification. Instead, she objected more to Newsom’s suggestion that the U.S. might eventually withhold military aid to Israel. The JDCA rejects withholding or conditioning such aid in its platform.

Still, while the “apartheid” phrase got the most attention, Soifer suggested it was just as revealing when — in the same podcast appearance — Newsom had described Israel’s rightward turn under Netanyahu as “heartbreaking.”

“It’s indicating his emotions are actually in this but also disagreement with the policies of the current Israeli government,” Soifer said. “And that is a view that polling has consistently shown is held by the vast majority of American Jewish voters.”

But she acknowledged that further backtracking would help, noting that she had listened to the section of the podcast multiple times to get a clear idea of his intent.

Halie Soifer, chief executive of the Jewish Democratic Council of America. Courtesy of Halie Soifer

“I don’t think the average person is doing that,” Soifer said in an interview, “and he shouldn’t assume that either.”

The governor you know

The comments seemed to break with Newsom’s track record of verbal and legislative support for Jewish life both in the state and in Israel.

During his seven years in the governor’s office, he has funded the largest nonprofit security grant program in the nation, signed a landmark bill aimed at addressing antisemitism in public education and poured some $50 million into Holocaust survivor assistance programs. He also visited Israel to meet with Oct. 7 survivors less than two weeks after the attacks.

That made Newsom’s failure to hedge in a more fulsome way all the more confounding for his Jewish allies.

Gregg Solkovits, president of Democrats for Israel Los Angeles, a Democratic party club, thought the governor had been intentionally vague — and was intentionally waiting out the Jewish criticism — to “protect his left flank” as a future presidential candidate.

“He knows that in the upcoming election, there will be Bernie-supportive candidates who are going to be running for the nomination, and he will be attacked for being too pro-Israel, which he has been consistently,” Solkovits said. “Would I wish that he had not taken that approach entirely? Of course. I also understand he’s running for president.”

Soifer offered that Newsom might just be waiting for the right opportunity.

“He doesn’t actually legislate on this particular issue, so perhaps he feels he doesn’t need to clarify,” she said. “But I think it would be helpful for him to clarify that, especially if he’s seeking an opportunity at some point in the future to weigh in on such decisions.”

The post ‘This isn’t the Gov. Newsom that we know’: One week after apartheid remark, calls to reconsider remain unheeded appeared first on The Forward.

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Norway Police Apprehend 3 Suspects in US Embassy Bombing

Police vehicles outside the US embassy, after a loud bang was reported at the site, in Oslo, Norway, March 8, 2026. Photo: Javad Parsa/NTB/via REUTERS

Norwegian police said on Wednesday they had apprehended three brothers suspected of carrying out Sunday’s bombing at the US embassy in Oslo, in an attack investigators have branded an act of terrorism.

The powerful early-morning blast from an improvised explosive device (IED) damaged the entrance to the embassy‘s consular section but caused no injuries, Norwegian authorities have said.

The three suspects, all in their 20s, are Norwegian citizens with a family background from Iraq, police said.

“They are suspected of a terror bombing,” Police Attorney Christian Hatlo told reporters.

“We believe they detonated a powerful bomb at the U.S. embassy with the intention of taking lives or causing significant damage,” Hatlo said, adding that none of the suspects had so far been interrogated.

One of the men was believed to have planted the bomb while the two others were believed to have taken part in the plot, Hatlo said.

The brothers, who were not named, had not previously been subject to police investigations, he added.

A lawyer representing one of the three men said he had only briefly met with his client and that it was too early to say how the suspect would plead.

Lawyers representing the two others did not immediately respond to requests for comment when contacted by Reuters.

“Although it is early in the investigation, it is important that the police have achieved what they characterize as a breakthrough in the case,” Norway‘s Minister of Justice and Public Security Astri Aas-Hansen said in a statement.

Images of one of the suspects released by police on Monday showed a hooded person, whose face was not visible, wearing dark clothes and carrying a bag or rucksack.

Investigators on Monday said one hypothesis was that the incident was “an act of terrorism” linked to the war in the Middle East, but that other possible motives were also being explored.

Police are now investigating whether the bombing was done on behalf of a foreign state, Hatlo said, reiterating that they were also looking into other possible motives.

Europe has been on alert for possible attacks as the US and Israel conduct air strikes on Iran and Iran strikes Israel and US targets in the Middle East.

On Monday, a synagogue in the Belgian city of Liege was damaged by a blast that authorities called an antisemitic attack. It was not clear who was behind it.

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Belgium’s Jewish Community Sounds Alarm on Rising Antisemitism After Liège Synagogue Attack

Police secure the site of a synagogue damaged by an explosion early on Monday, in Liege, Belgium, March 9, 2026. Photo: REUTERS/Yves Herman

Just days after a synagogue in Liège, Belgium was struck in an apparent antisemitic bombing, the local Jewish community is sounding the alarm over a surge in hostility and targeted violence against Jews across the country.

In an interview with the local news outlet La Première on Tuesday, the president of the Committee of Jewish Organizations in Belgium (CCOJB), Yves Oschinsky, called on government authorities to deploy soldiers to protect Jewish sites and institutions if police protection proves insufficient.

Following the attack on a synagogue in Liège, a city in the country’s eastern region, early Monday morning, Oschinsky warned that the Jewish community faces a far greater threat than authorities publicly acknowledge, emphasizing that Jewish institutions remain at heightened risk.

He also slammed the government for failing to appoint a national coordinator to fight antisemitism, while urging political parties and officials to take urgent, concrete action to protect the Jewish community.

Like most countries across the Western world, Belgium has seen a rise in antisemitic incidents over the last two years, in the wake of the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023.

According to the Belgian Interfederal Center for Equal Opportunities and the Fight against Racism and Discrimination (Unia), which tracks antisemitism nationwide, 192 reports of antisemitism and Holocaust denial were filed in 2025, following a record 270 cases in 2024 — marking two consecutive years well previous years.

Before the Oct. 7 atrocities, only 31 antisemitic cases had been reported in Belgium in 2022.

On Tuesday, the Brussels-based Jonathas Institute released a new report warning that antisemitic prejudices remain widespread and deeply entrenched in Belgium.

“The results are clear: the study highlights that the population of Brussels continues to hold many antisemitic stereotypes ‘inherited from the past’ of a religious or political nature,” the institute said in a statement.

The newly released report found that 40 percent of respondents in Brussels agreed with the claim that Jews control the financial and banking sectors, while one in four blamed Jews for various economic crises.

According to the study, these stereotypes are “sometimes expressed as obvious truths” without overt hostility, a pattern the report warns makes them especially prone to being trivialized, particularly online.

More than one in five Belgians believe Jews are “not Belgians like the others,” while 21 percent label Jews an “unassimilable race.”

“The attack on the synagogue in Liège confirms that it is no longer just antisemitic speech that has been unleashed, but antisemitic acts as well. This aggressive antisemitism continues to rise,” the institute said.

The survey also found that 70 percent of respondents believe Jews form a “close-knit or closed community.”

In relation to the war in Gaza, 39 percent of Belgians claim that “Jews are doing to Palestinians what the Nazis did to them.” This view is particularly common among 18- to 35-year-olds, who are more likely to compare Israel’s actions to those of the Nazis.

Within far-right circles, 69 percent believe Jews exploit the Holocaust, while 72 percent say Jews use antisemitism for their own interests.

Based on these findings, the Jonathas Institute urged authorities and policymakers to strengthen historical education, improve digital literacy, and remain vigilant against narratives that normalize or justify hostility toward Jews, warning that such discourse can ultimately spark real-world violence.

The institute also calls for formalizing the International Holocaust Remembrance Alliance’s (IHRA) working definition of antisemitism, aiming to better distinguish “legitimate criticism of Israel” from “forms of anti-Zionism that revive antisemitic patterns.”

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.

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