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‘A time of emergency’: What you need to know about the fight over Israel’s court system
TEL AVIV (JTA) — In the coming days, Israel’s parliament is due to vote on a measure that, advocates on both sides say, will determine the country’s fate — or whether it can even survive.
It isn’t a peace deal or an attempt to unseat Israeli Prime Minister Benjamin Netanyahu. What it will do, if passed, is bar the Supreme Court from striking down government decisions it deems “unreasonable.”
Behind that somewhat technical language is a struggle over Israel’s soul. It’s an escalating fight that has seen the largest, most sustained protest movement in Israel’s history. It has seen demonstrators block highways, march from Tel Aviv to Jerusalem and pledge to boycott army service. It has seen both Netanyahu and his opponents warn that the end of democracy is nigh. And it has seen Israeli President Isaac Herzog, a figure meant to rise above the political fray, warn that the government’s push for major legislative change, and its critics, could lead to “real civil war.”
The reason for the dire pronouncements is that the “reasonableness law” is one piece of a broad plan, put forward by Netanyahu’s right-wing coalition in January, to significantly weaken Israel’s judiciary. If passed in its totality, the overhaul would sap the Israeli Supreme Court of much of its power and independence, removing a major check on what the Israeli government can do.
But even though Netanyahu enjoys a solid majority in parliament, the plan, so far, has yet to be enacted. That’s largely due to a massive protest movement that says Netanyahu is endangering Israel’s democratic system. The demonstrations have brought hundreds of thousands of Israelis into the streets and led to widespread civil disobedience.
Both sides of the debate say the internal conflict is a test of Israel’s system of government. Now, a growing number of voices are using increasingly anxious language that would have been unthinkable just a year ago, from threats of street violence to warnings that the Israel Defense Forces could implode.
“This is a time of emergency,” Herzog said Sunday. “An agreement must be reached.”
The civil strife is occurring against the backdrop of heightened Israeli-Palestinian violence and while Netanyahu, 73, is on trial for corruption and has recently been hospitalized twice. Here’s a primer on the judicial overhaul, what supporters and opponents say is at stake, and what may happen next.
Israeli Prime Minister Benjamin Netanyahu seen during a vote in Knesset, the Israeli parliament in Jerusalem, March 22, 2023. (Yonatan Sindel/Flash90)
Netanyahu and his allies want to fundamentally change Israel’s court system.
At the end of last year, Israeli voters returned Netanyahu to office — and he assembled a coalition with far-right partners that holds 64 of the 120 seats in the Knesset, Israel’s parliament. Days later, his justice minister unveiled a plan that, in its original form, would have rendered the Supreme Court largely powerless.
The initial plan would have given the coalition complete control over the selection of judges, and would have allowed the Knesset to overrule Supreme Court decisions with a bare majority. Another measure took aim at the “reasonableness” clause.
Netanyahu and his allies portrayed the legislative package as a curb on an increasingly activist Supreme Court that was out of step with the country’s right-wing majority. Its composition, they charged, was a vestige of Israel’s secular, Ashkenazi elite and did not reflect the country’s ethnic and Jewish religious diversity, including the country’s large number of Mizrahi Jews.
But a growing number of critics — from centrist and left-wing Israelis to foreign leaders to American Jewish organizations — cautioned that the overhaul would endanger Israel’s status as a democratic state.
Because the governing coalition by definition commands a majority in parliament, they say, the court reform would effectively give Netanyahu and his partners complete control over all three branches of government. The court has historically been a protector of the rights of minorities — from Arabs to LBGTQ Israelis to liberal Jewish movements — and critics of the plan worry that it would put those safeguards at risk. Those worries are exacerbated, they say, because the prime minister leading the effort to weaken the judiciary is currently on trial.
A Tel Aviv protest at the start of Yom Haatzmaut, Israel’s Independence Day, featured a sea of flags, April 25, 2023. (Ben Sales)
The overhaul effort has sparked a historic and growing protest movement.
Those critiques have coalesced into the largest protest movement in Israeli history, which has seen hundreds of thousands of Israelis take to the streets every week, many waving Israeli flags, to oppose the plan. Pro-government demonstrations, much less frequent, have also occurred.
Anti-government protest organizers have also escalated their tactics — blocking major highways, calling for strikes, crowding the main airport terminal and, this week, leading a days-long march of thousands of people from Tel Aviv to Jerusalem. And it has spread to cities across the United States and the globe, disrupting American Jewish gatherings in Israel and confronting Israeli officials on their visits abroad.
The most striking protest tactic has come from a growing group of IDF reservists — as of this week more than 10,000 — who have pledged to stop showing up for duty if the overhaul, or any piece of it, is enacted. Within Israel, the IDF is the country’s most widely trusted institution, and is seen as an indispensable guarantor of Israel’s security.
Because of its mandatory draft, it has also historically been viewed as a reflection of Israel’s diverse Jewish citizenry. But those who have pledged to boycott their duty say they are unwilling to continue risking their lives for a government that is no longer democratic.
The overhaul’s proponents, including Netanyahu, say that threats to refuse military service cross a bright red line in a society that faces external threats and prizes national service. In a recent address, Netanyahu said threats to avoid reserve duty as a pressure tactic violated the principle that the civilian government must wield control over the military.
Israeli President Isaac Herzog addresses the nation in a speech exhorting a delay on proposed judicial reforms, Feb. 12, 2023. (Courtesy Herzog’s office)
Efforts at compromise have failed and rhetoric is becoming only more severe.
Months ago, the government took steps to advance the major pieces of the judicial overhaul. A rapid spike in protests and criticism in March, however, convinced Netanyahu to pause the legislative effort and enter dialogue with his political opponents.
But those talks — brokered by Israeli President Isaac Herzog, whose role is largely ceremonial — have collapsed. A few weeks ago, Netanyahu announced that he was restarting the legislative process with the “reasonableness law.”
Now, both sides are making arguments that, at their core, sound almost identical.
Critics of the plan say that a country without an independent and empowered court system cannot be a democracy. They have accused Netanyahu of ramming through a major change to Israel’s governing system without broad consensus, and point to surveys showing that most Israelis oppose the overhaul plan.
The plan’s supporters say that, in fact, they are the majority — pointing to the fall elections that their side won. The true failure of democracy, they say, is the elected coalition being rendered unable to govern due to a protest movement that is blocking roads and calling on soldiers to shirk their duty.
This week, the military reserve protests have led to more urgent warnings. The Institute for National Security Studies, a respected think tank, warned on Sunday that the IDF “is at risk of disbanding.”
IDF Chief of Staff Herzi Halevi has a similar message.
“If we will not be a strong and unified army, if the best do not serve in the IDF — we will no longer be able to exist as a state in the region,” he wrote in an open letter.
View of the Jewish settlement of Eli, in the West Bank, Jan. 17, 2021.(Sraya Diamant/Flash90)
The internal Israeli turmoil is happening alongside increased Israeli-Palestinian violence.
In tandem with the conflict over the court reform, clashes between Israelis and Palestinians in the West Bank have escalated this year. More than 100 Palestinians in the West Bank have been killed in IDF military raids on terrorist cells, while more than two dozen Israelis have been killed by Palestinian attacks in the West Bank and Israel. There has also been conflict with Hamas in Gaza, and concern over Iran backing attacks on Israel.
Recent months have also seen a series of riots by Israeli settlers, who have entered Palestinian villages, torched cars, homes and shops and injured Palestinians in response to terror attacks. Palestinians have been killed amid the riots, and senior Israeli figures have described the riots as a “pogrom” or “terrorism.”
Hardline figures in Israel’s government have called for harsh tactics in response to the violence. Far-right Finance Minister Bezalel Smotrich called for a Palestinian village to be wiped out before walking the remark back and apologizing. Itamar Ben-Gvir, the far-right national security minister, has expressed sympathy for the rioters while also speaking out against vigilante justice.
While the riots are not directly connected to the overhaul effort, there are links. One of the right’s criticisms of the Supreme Court is that it has restrained Israel from expanding West Bank settlements, while critics worry that weakening the courts will mean removing an occasional protector of Palestinian rights. Meanwhile, Ben-Gvir and other right-wingers have charged that the government is responding more harshly to the settler rioters than to disruptive anti-government protesters in Israel — something he has called “selective enforcement.”
President Joe Biden answers a question during a joint press conference with French President Emmanuel Macron at the White House during an official state visit, Dec. 01, 2022. (Kevin Dietsch/Getty Images)
The situation is leading observers to question the U.S. relationship with Israel.
Heated discourse about Israel’s conflicts has spread to the United States. President Joe Biden has repeatedly criticized the judicial overhaul effort and has recently issued a series of warnings suggesting that if passed, the legislation could damage the U.S.-Israel alliance.
Speaking to New York Times columnist Tom Friedman last week, Biden said the protests display “the vibrancy of Israel’s democracy, which must remain the core of our bilateral relationship,” and said that Netanyahu needs to “continue to seek the broadest possible consensus here.”
Elsewhere in the Times opinion pages, Nicholas Kristof wrote that the recent news out of Israel has led him to question if “it really make[s] sense for the United States to provide the enormous sum of $3.8 billion annually to another wealthy country?” That annual foreign aid allocation is at the core of U.S.-Israel relations and has been portrayed as sacrosanct by presidents from both parties.
And last week, an address by Herzog to a joint session of Congress, meant to be a celebration of Israel’s 75th birthday earlier this year, took place shortly after a prominent progressive Democrat, Rep. Pramila Jayapal, called Israel a “racist state” — a remark she later walked back. Six other Democratic members of Congress boycotted Herzog’s speech.
What happens next?
The vote on the “reasonableness” bill will almost certainly take place in the coming days and, if Netanyahu’s promises are any indication, could pass along party lines. But that almost definitely won’t be the end of the struggle over the judicial overhaul, even as a large number of Israelis say they fear civil war.
Netanyahu’s right-wing allies, including Ben-Gvir, have vowed to pass the overhaul’s more sweeping components next, while opponents of the legislation have pledged to maintain and escalate their opposition.
It remains to be seen who will prevail in the conflict, or what winning might even look like after more than half a year of civil unrest. Supporters, opponents and observers of the overhaul have all made clear that at this point, what is at stake is no longer just a piece of legislation but rather the military, the governmental system and, perhaps, the future of the country itself.
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ICE Arrests Pro-Hamas Activist at Columbia University
Illustrative: Mahmoud Khalil speaks to members of media at Columbia University encampment in New York City, US, June 1, 2024. Photo: Jeenah Moon via Reuters Connect
US Immigration and Customs Enforcement (ICE) on Saturday night arrested a male alumnus of Columbia University who was a leading anti-Israel agitator on campus and an architect of the Hamilton Hall building takeover, which took place during the closing weeks of the 2023-2024 academic year.
ICE agents picked up Mahmoud Khalil, who recently participated in another building takeover at Barnard College, on Columbia’s campus at his university-owned apartment, his attorney, Amy Greer, told several news outlets. The agents reportedly explained that they were acting on a US State Department order to revoke his student visa and permanent resident status.
Mahmoud is a Palestinian from Syria. He completed post-graduate studies at Columbia University in December and is awaiting the formal granting of his diploma.
In a statement, the US Department of Homeland Security said ICE arrested Khalil “in support of President Trump’s executive orders prohibiting antisemitism.”
The department continued, “Khalil led activities aligned to Hamas, a designated terrorist organization. ICE and the Department of State are committed to enforcing President Trump’s executive orders and to protecting US national security.”
ICE’s arrest of the student follows an executive order by the Trump administration that calls for “using all appropriate legal tools to prosecute, remove, or otherwise … hold to account perpetrators of unlawful antisemitic harassment and violence.” A major provision of the order calls for the deportation of extremist “alien” student activists, whose support for terrorist organizations, intellectual and material, such as Hamas contributed to fostering antisemitism, violence, and property destruction on college campuses. Trump has also said that foreign students who hold demonstrations in support of Hamas “will be imprisoned/or permanently sent back to the country from which they came.”
So far, Columbia University has been the administration’s main focus, as the school continues to be convulsed by pro-Hamas activists.
As The Algemeiner has previously reported, Columbia remains one of the most hostile campuses for Jews employed by or enrolled in an institution of higher education. Since Hamas’s invasion of and massacre across southern Israel on Oct. 7, 2023, the university has produced several indelible examples of campus antisemitism, including a student who proclaimed that Zionist Jews deserve to be murdered and are lucky he is not doing so himself, brutal gang-assaults on Jewish students, and administrative officials who, outraged at the notion that Jews organized to resist anti-Zionism, participated in a group chat in which each member took turns sharing antisemitic tropes that described Jews as privileged and grafting.
Amid these incidents, the university has struggled to contain the anti-Zionist group Columbia University Apartheid Divest (CUAD), which in late January committed an act of infrastructural sabotage by flooding the toilets of the Columbia School of International and Public Affairs (SIPA) with concrete. Numerous reports indicate the attack may have been the premeditated result of planning sessions which took place many months ago at an event held by Alpha Delta Phi (ADP) — a literary society, according to the Washington Free Beacon. During the event, the Free Beacon reported, ADP distributed literature dedicated to “aspiring revolutionaries” who wish to commit seditious acts. Additionally, a presentation was given in which complete instructions for the exact kind of attack which struck Columbia were shared with students.
In recent weeks, CUAD occupied two buildings at Barnard College, disregarding threats that doing so would lead to swift and severe disciplinary sanctions, including possible expulsion.
Following the incidents, the Trump administration canceled $400 million in funding to Columbia as punishment for its failing to address the issue, executing an ultimatum delivered by US Education Secretary Linda McMahon.
Some groups are unhappy with the administration’s policies on pro-Hamas advocacy, however, and following Khalil’s arrest, the New York Civil Liberties Union (NYCLU) denounced his detainment as unconstitutional.
“The Trump administration’s detention of Mahmoud Khalil — a green card holder studying in this country legally — is targeted, retaliatory, an and extreme attack his First Amendment rights,” NYCLU executive director Donna Lieberman said on Sunday in a public statement. “Ripping a student from their home, challenging their immigration status, and detaining them solely based on political viewpoint will chill student speech and advocacy across campus. Political speech should never be a basis of punishment, or lead to deportation.”
On Monday, however, US President Donald Trump defended Khalil’s arrest and said it will be the first of many.
“This is the first arrest of many to come. We know there are more students at Columbia and other universities across the country who have engaged in pro-terrorist, antisemitic, anti-American activity, and the Trump Administration will not tolerate it,” Trump said in a post on Truth Social. “Many are not students, they are paid agitators. We will find, apprehend, and deport these terrorist sympathizers from our country — never to return again.”
Trump went on to argue that the presence of those who support terrorism on US soil undermines American national security interests, adding that he expects colleges and universities to cpmply with his executive order.
On Friday, Columbia University, which has been accused of refusing to impose disciplinary sanctions on pro-Hamas activists, announced that is has suspended four of its students who were identified as co-conspirators in the latest storming and occupation of a Barnard College building, which took place on Wednesday at the Milstein Center.
“These students have been suspended and restricted from campus as we swiftly work through the discipline process,” the university said in a statement. “We are a campus governed by our rules, policies, and the law. Any violations of these will not be tolerated and will have consequences.”
Follow Dion J. Pierre @DionJPierre.
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Israel Releases ‘New Day Will Rise,’ to Be Performed by Yuval Raphael in 2025 Eurovision Song Contest
Yuval Raphael in the music video for her new song “New Day Will Rise.” Photo: YouTube screenshot
Israel debuted on Sunday night the full song that Yuval Raphael will perform in the Eurovision Song Contest in Basel, Switzerland, this May.
Israel’s Kan 11 premiered during a live broadcast the music video for “New Day Will Rise,” a powerful ballad written by singer-songwriter Keren Peles that has mostly English lyrics but with some French and Hebrew as well. Yuval, 24, lives in the Israeli city of Ra’anana — same as Noa Kirel, Israel’s representative in the 2023 Eurovision Song Contest – but lived as a child with her family in Switzerland for three years. She is fluent in Hebrew, English, and French.
Raphael sings in the chorus: “New day will rise/ Life will go on/ Everyone cries/ Don’t cry alone/ Darkness will fade/ All the pain will go by/ But we will stay / Even if you say goodbye.” The song has a Hebrew line from the biblical Song of Songs, which translates to: “Many waters cannot quench love, neither can floods drown it.”
Raphael survived the Nova music festival massacre on Oct. 7, 2023, in Re’im, Israel, after hiding from Hamas terrorists in a roadside bomb shelter. She pretended to be dead and laid under dead bodies for several hours until she was rescued. Terrorists killed 370 people and abducted 44 hostages at the site of the festival.
In the music video for “New Day Will Rise,” Raphael and a group of young people gather together to sing, dance, and enjoy each other’s company in a grassy area, which is reminiscent of what young Israelis did at the Nova music festival before the Hamas-led Oct. 7 onslaught. Red anemones, Israel’s national flower and the flower that is known for growing specifically in the southern region, are seen in the grass in the music video.
In mid-January, Raphael won the Israeli television singing competition “HaKochav Haba” (“Rising Star”), whose winner goes on to represent Israel in the Eurovision Song Contest.
“Throughout the season of ‘Rising Star,’ I chose songs solely from a place of emotion, as soon as I felt a twinge in my stomach,” Raphael told Kan 11. “When I heard this song [‘New Day Will Rise’], I had a twinge in my stomach and said – ‘This is your song.’” She also commented on the song’s connection to her surviving the Oct. 7 Hamas terrorist attack.
“One of the most exciting things that has happened to me in my life is the very extreme transition from the most terrible event of my life on Oct. 7, to such a great and empowering moment – representing my country at Eurovision. The feeling of personal victory is immense,” she said.
The lyrics and the video for “New Day Will Rise” has been approved by the European Broadcasting Union (EBU), which organizes the Eurovision Song Contest. Last year, Israel’s original song submission, “October Rain,” was rejected by the EBU for being too political since it referenced the Oct. 7 Hamas attack. Kan ultimately rewrote the song and titled it “Hurricane.” It was performed in the Eurovision by Eden Golan, who finished fifth place in the competition.
Israel has been competing in the Eurovision since 1973 and won four times — in 1978 with Izhar Cohen’s “A-Ba-Ni-Bi,” 1979 with Milk and Honey’s “Hallelujah,” 1998 with Dana International’s “Diva,” and most recently 2018 with Netta Barzilai’s “Toy.”
Raphael will compete in the second semifinal of the 2025 Eurovision Song Contest on May 15 and, if she advances, will compete in the grand final on May 18.
Watch the music video for “New Day Will Rise” below.
The post Israel Releases ‘New Day Will Rise,’ to Be Performed by Yuval Raphael in 2025 Eurovision Song Contest first appeared on Algemeiner.com.
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Two Men Face US Trial Over Iran-Backed Plot to Kill Dissident
Rafat Amirov appears in court charged with murder-for-hire and money laundering for his role in the thwarted Tehran-backed assassination attempt of a journalist and activist, who is a US citizen, during his arraignment hearing before Magistrate Judge Sarah Cave at a courtroom in New York, US, Jan. 27, 2023 in this courtroom sketch. Photo: REUTERS/Jane Rosenberg
Two men accused of being members of a Russian organized crime group will face trial in the United States on Monday over what prosecutors call an unsuccessful Tehran-backed attempt to kill an Iranian dissident living in New York.
Federal prosecutors say Iran‘s elite Islamic Revolutionary Guard Corps, a US-designated terrorist organization, in 2021 hired Rafat Amirov and Polad Omarov, members of a “Russian mob” sub-group, to kill an Iranian American journalist and activist who has spoken out against the Iranian government’s treatment of women.
Amirov, 45, and Omarov, 40, have pleaded not guilty to murder for hire and attempted murder in aid of racketeering.
Omarov’s lawyer, Elena Fast, said in a statement, “Mr. Omarov is presumed innocent.” Amirov’s lawyers did not respond to a request for comment. In court papers, lawyers for both men have said it was “inaccurate” to refer to them as members of the Russian mob.
Prosecutors have not named the target of the alleged plot, who they have said in court papers is expected to testify at the trial.
Masih Alinejad, a journalist who left Iran in 2009, has told Reuters she was the target of both the alleged murder plot and a previous alleged attempt by Iranian intelligence officers to kidnap her and take her to Iran.
Alinejad has brought attention to women in Iran protesting laws requiring head coverings, as well as accounts of Iranians killed in demonstrations in 2019.
“I am very excited to join the public trial as a witness to testify against those who were hired by the Islamic Republic to kill me,” Alinejad said in an interview on Friday. “It’s like I’ve been given a second life.”
The trial, before US District Judge Colleen McMahon, kicks off with jury selection on Monday in Manhattan federal court.
The charges were part of a broader push by the Justice Department during former President Joe Biden’s administration to crack down on transnational repression, or efforts by US adversaries like Iran and China to silence dissidents on American soil.
The two-week trial could provide a window into alleged ties between Iran‘s government and criminal organizations prosecutors say it hires to do its “dirty work.”
A representative of Iran‘s UN mission did not respond to a request for comment on the trial of Amirov and Omarov.
US prosecutors in 2021 brought charges against four Iranian intelligence officers over the alleged kidnapping plot. They are at large, and Tehran has called the allegations baseless.
The alleged murder plot came to light in 2022, when Khalid Mehdiyev – an alleged co-conspirator of Amirov and Omarov – was arrested outside Alinejad’s New York home with an AK-47 rifle.
Prosecutors say a Revolutionary Guard brigadier general named Ruhollah Bazghandi began monitoring Alinejad in July 2021. They say Bazghandi later hired Amirov, an alleged Russian mob leader living in Iran at the time, to kill her. Omarov and Mehdiyev are also part of the mob, prosecutors said.
Bazghandi was also charged but is not in US custody.
Mehdiyev, 26, pleaded not guilty to murder-for-hire charges in February 2023, but the status of his case is unclear. Prison records show he was released from US custody on May 19, 2023.
Neither a Justice Department spokesperson nor a lawyer for Mehdiyev responded to requests for comment.
The post Two Men Face US Trial Over Iran-Backed Plot to Kill Dissident first appeared on Algemeiner.com.
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