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How to Understand the Groundbreaking Decision of Israel’s Supreme Court

A view shows Israelis protesting, as Israeli Prime Minister Benjamin Netanyahu’s nationalist coalition government presses on with its judicial overhaul, in Tel Aviv, Israel March 25, 2023. Photo: REUTERS/Oren Alon

In a stunning 8-7 decision, the Israeli Supreme Court struck down the Knesset’s “Reasonableness Law,” a new “Basic Law ” that was intended to limit the court’s ability to exercise oversight over Knesset legislation.

This is the first time in Israeli history that the Court has struck down a Basic Law, meaning that, ironically, the first concrete effect of Prime Minister Netanyahu’s judicial reform efforts have been an increase in the Supreme Court’s powers. And a vast majority of the Supreme Court agreed that justices do have the power to strike down Basic Laws in the future.

Though it may seem less dramatic than the ongoing war against Hamas, hundreds of thousands of protesters recently took to the streets on this very topic, and this Supreme Court decision will impact the lives of Israelis long after the war is over. Here’s what you need to know.

Israel has no constitution

Israel’s lack of a constitution means that its political structure is still evolving. In the United States, the Constitution is the primary legal power and the court system is empowered to strike down any legislation or executive order that violates it as “unconstitutional.” The only way to overrule the US Supreme Court is through a Constitutional amendment, which can be passed only through a “super majority” vote: consisting of 75% of all the state legislatures.

Without a constitution, there can be no such thing as  “unconstitutional.” Instead, Israel has the “Basic Laws,” a set of legislation that governs individual rights and balance of powers: a kind of equivalent of America’s Constitutional amendments but with one key difference — Israel’s Basic Laws can be changed via a simple majority vote in the Knesset.

This means that any coalition which controls the Knesset can theoretically exercise unlimited power, including over the Supreme Court. How then, does Israel’s Supreme Court provide the necessary checks and balances?

For one thing, as part of its decision this week, Israel’s Supreme Court ruled 12-3 that it does indeed have the power to strike down a Basic Law, a fundamental difference from the United States where the Supreme Court is subordinate to the Constitution.

In addition, for years the Israeli Supreme Court has struck down executive orders and administrative decisions that it deems “unreasonable.”  (This does not relate to overturning actual laws, which is done via a different mechanism.)

Prime Minister Benjamin Netanyahu and other proponents of this judicial reform refer to the Reasonableness Standard as an excessive and unstructured power in the hands of un-elected judges. Indeed, the power to define any law as “unreasonable” rather than specifically unconstitutional could allow Israel’s Supreme Court to overstep its proper powers.

Yet the power of the legislature to effectively change the country’s very structure by passing Basic Laws is also excessive. Until now, these two excesses had somewhat sloppily, but effectively, canceled each other out: the very “balance of chaos” that characterizes the miracle of Israeli society.

In March of 2023, Israeli President Herzog suggested a compromise that would limit the Court’s ability to strike down laws based on “reasonableness,” but would also limit the Knesset’s ability to pass Basic Laws without a super-majority vote, thus maintaining the necessary balance of power and moving Israel closer to an American style system. However, the compromise was rejected.

What happens now?

Members of the current ruling coalition have vigorously objected to the Court’s decision, in some cases stating that they would “not accept” it, though it is unclear exactly what action the legislature could take in that regard.

The Court itself is already changing, with some of its members retiring and no clarity as to who will replace them. Similarly, the disastrous intelligence and security failures of October 7 will probably put an end to the careers of many in Israel’s political leadership, though such transitions will likely occur only after the ongoing war is complete.

So there remain a lot of unknowns on the political level as to how this decision will play out in the future, or who will be in power when it does, but one thing is certain: Israel’s Supreme Court has decided by a wide margin that it can, and has demonstrated through its actions that it will, strike down even a Basic Law when the Court feels it is appropriate to do so.

Young Democracy

In its first 100 years, the United States saw the infamous Sedition Act, an actual gun duel between the Vice President and the Secretary of the Treasury, and of course, secession and the American Civil War.

In its first 200 years as an emerging democracy, Britain faced several civil wars and rebellions, as well as the society wrenching Reformation.

At only 75 years old, Israel is actually unusually stable compared to the turbulent early histories of most democracies, Israel’s arguments have been passionate but peaceful, and its laws are still evolving. While it is completely appropriate to feel care and concern over Israel’s evolution, it is not yet time to assume catastrophe.

Daniel Pomerantz is the CEO of RealityCheck, a think tank dedicated to deepening public conversation through robust research studies and public speaking. He previously worked as a lawyer in the United States, including in the field of international law. Daniel lives in Tel Aviv, Israel, where he lectures at Reichman and Bar Ilan Universities, to soldiers of the IDF and the US Marine Corps, and frequently appears on international media. You can learn more about RealityCheck at: www.RealityCheckResearch.org.

The post How to Understand the Groundbreaking Decision of Israel’s Supreme Court first appeared on Algemeiner.com.

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The BBC Documentary That Paints Every Israeli as an Extremist

The Jewish community of Beit El in Judea and Samaria. Photo: Yaakov via Wikimedia Commons.

Louis Theroux first visited the West Bank in 2011 to film a documentary titled Louis and the Ultra-Zionists, part of his long-running series for the BBC. Back then, he at least seemed to possess a trace of journalistic curiosity. Even the title signaled a degree of editorial caution — framing his subjects as a small, ideological fringe rather than representative of Israeli society as a whole.

At the time, Theroux made an effort to clarify that he was profiling a narrow segment of Israelis. He showed legally purchased Jewish homes (sold by Arab landowners, no less) and acknowledged the regular — and at times deadly — terror attacks faced by Israeli civilians living in the area, often requiring military protection. There was condescension, certainly. But there was also context.

Fast-forward to 2024, and the curiosity is gone — though the bemused, slightly smug expression remains. His new BBC documentary, Louis and the Settlers, drops even the soft qualifiers. No “ultra.” No nuance. Just “settlers.” And with that, Theroux makes it clear: half a million Israelis living in the West Bank are one and the same — extremists who, we’re told, want every last Palestinian removed from the land.

This time, the documentary doesn’t begin with questions. It begins with conclusions. And Theroux uses a brief, unrepresentative snapshot of life in the West Bank to draw sweeping indictments of the entire Israeli state.

The message is unmistakable: Israel is the problem. Settlers are the villains. And Palestinians are passive, blameless victims of a colonial project.

Within the opening minutes, Theroux plants his ideological flag. He refers to the West Bank as “Palestinian territory” and describes every Israeli community within it as illegal under international law — a sharp departure from his more qualified approach 14 years earlier.

And while his personal views seep in throughout the film, they become crystal clear during one exchange at a checkpoint, where an Israeli soldier casually refers to their location as “Israel.” Theroux shoots back: “We’re not in Israel, are we?”

And just like that, the BBC and Louis Theroux have redrawn Israel’s borders. No Knesset debate needed.

Erasing History to Blame the Massacre

The timing of this return trip is no accident. The film comes in the shadow of the October 7 Hamas massacres — the day 1,200 Israelis were slaughtered, families were burned alive in their homes, and children were dragged into Gaza. And yet, Theroux barely mentions it.

The few passing references to October 7 serve not to inform the audience — but to imply that Israel may be exploiting its own dead to justify further expansion. It’s not an investigation. It’s an accusation. And it allows him to skip over thousands of years of Jewish history in order to frame the current war in Gaza as a convenient cover story for Israeli “aggression.”

Take Hebron, for example. Theroux tells viewers that “in 1968, the year after [the West Bank] was occupied by Israel, a community of Jewish settlers moved in illegally. They now number some 700.” He fails to mention that in 1895 — decades before the modern state of Israel existed — Hebron had a Jewish population of 1,429.

Jews have lived in Hebron since antiquity — it’s where, according to Jewish tradition, Abraham purchased the Cave of the Patriarchs. Modern records date the community back centuries, despite discrimination under Ottoman rule and bans on Jewish prayer at holy sites. In 1929, Arab rioters carried out a massacre, wiping out Hebron’s Jewish population. Dozens were murdered; the rest were expelled. Under Jordanian rule from 1948 to 1967, Jews were banned from the city entirely. When they returned after the Six-Day War — not as colonists, but as a displaced community coming home — Theroux picks up the story there and calls it “illegal.”

On the Six-Day War itself, Theroux offers no context. No mention of the Arab armies preparing to destroy Israel. No mention of Israel’s preemptive strike against an existential threat.

According to The Settlers, Israel simply “occupied” — full stop.

Palestinian Terrorism? Not Even a Footnote.

Theroux visits Evyatar, a small Jewish community near the Palestinian town of Beita, and uses it as a stand-in for the entire West Bank. Beita is depicted as a symbol of peaceful resistance: a proud, ancient Palestinian village standing firm against violent settlers backed by IDF soldiers.

It’s a neat story. Too neat. Because missing from the story are years of organized, violent riots from Beita — complete with Molotov cocktails, burning Stars of David, and Nazi swastikas. All carefully omitted to preserve the narrative: Palestinians peaceful, settlers aggressive. Facts that don’t fit? Left on the cutting room floor.

Meanwhile, Israeli nationalism is treated as something sinister and unsettling — a moral aberration to be examined. The notion that Jews might want sovereignty or security is met with thinly veiled suspicion. Yet Hamas’ goal of a Jew-free Palestine, explicitly laid out in its charter, is never mentioned. Nor is the Palestinian Authority’s “pay-for-slay” policy, which literally incentivizes terrorism by rewarding those who murder Israelis — including women and children.

These aren’t fringe details. They’re central to understanding the region. And Theroux knows it. He just doesn’t care.

The BBC’s Complicity

That The Settlers aired on the BBC — a publicly funded broadcaster once seen as a gold standard of global journalism — says plenty. Not just about Louis Theroux’s agenda, but about the institutional direction of the BBC itself. This wasn’t a rogue filmmaker sneaking bias past the editors. This was bias built into the foundation — signed off, packaged, and broadcast under the banner of credibility.

There is, of course, no problem with scrutinizing Israeli policy, and no issue with questioning the settlement enterprise or highlighting the tensions in the West Bank. But journalism — real journalism — demands context. It demands precision. It demands at least a passing familiarity with the full scope of the story.

Theroux offers none of that. He arrives with a predetermined script and casts his roles accordingly: Hero. Villain. Victim. Oppressor. And when reality refuses to cooperate? It’s left out.

Louis Theroux didn’t return to Israel to understand it. He returned to flatten it. To reduce its complexity to a morality play — and to ensure everyone knows the antagonist is.

The Settlers isn’t a documentary. It’s a hit piece. And the BBC handed him the camera — then applauded the performance.

The author is a contributor to HonestReporting, a Jerusalem-based media watchdog with a focus on antisemitism and anti-Israel bias — where a version of this article first appeared.

The post The BBC Documentary That Paints Every Israeli as an Extremist first appeared on Algemeiner.com.

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Indian Army Kills Islamist Terrorist Linked to 2002 Murder of Jewish-American Journalist Daniel Pearl

Jewish-American Wall Street Journal journalist Daniel Pearl was kidnapped and murdered by Islamist terrorists in Pakistan in 2002. Photo: Screenshot

The Indian government announced on Thursday that its military forces had killed “Pakistan’s most wanted terrorist,” who was connected to the 2002 murder of Jewish-American Wall Street Journal journalist Daniel Pearl.

On Wednesday, India launched “Operation Sindoor,” which the ruling Bharatiya Janata Party (BJP) claims is targeted at dismantling “terrorist infrastructure” in Pakistan and Pakistan-administered Kashmir.

The operation came after Pakistani terrorists killed 26 Hindu tourists in Kashmir last month amid escalating tensions between the two countries.

In a post on X, the BJP confirmed that during this week’s operation, the Indian army killed Islamist terrorist Abdul Rauf Azhar, who was involved in numerous terrorism plots, including the 1999 hijacking of an Indian Airlines flight, the 2001 terror attack on the Indian Parliament, and the 2016 Pathankot Air Force base attack.

Azhar’s involvement in the 1999 hijacking led to the release of Ahmed Omar Saeed Sheikh, a British-born al-Qaeda member with close ties to Pakistan’s intelligence services, who later was involved in the kidnapping and subsequent murder of 38-year-old Pearl, who was covering the war on terror as a journalist when he was abducted.

In a statement on X, Pearl’s father, Judea, addressed initial reports regarding Azhar’s death and his connection to his son’s murder.

“I want to clarify: Azhar was a Pakistani extremist and leader of the terrorist organization Jaish-e-Mohammed. While his group was not directly involved in the plot to abduct Danny, it was indirectly responsible. Azhar orchestrated the hijacking that led to the release of Omar Sheikh — the man who lured Danny into captivity,” he said.

In 2002, the Jewish-American journalist was abducted and killed by a group of Islamist terrorists connected to Azhar’s militant network, which had ties to al-Qaeda and Jaish-e-Mohammed, a terror group aiming to separate Kashmir from India and incorporate it into Pakistan.

On Jan. 27, 2002, an email was sent to several Pakistani and US media organizations, which included several photos, stating that Pearl was being held in “inhumane” conditions to protest the US treatment of Taliban and al Qaeda prisoners in Cuba. Photo: Screenshot

Originally stationed in New Delhi as the South Asia bureau chief for The Wall Street Journal, Pearl later moved to Pakistan to investigate terrorism following the Sept. 11, 2001, terrorist attacks in New York City.

After kidnapping Pearl at a restaurant in Karachi, southern Pakistan, the Islamist terrorists, who identified themselves as the National Movement for the Restoration of Pakistani Sovereignty, accused him of being an Israeli spy and sent the United States a list of demands for his release.

However, Washington did not meet their demands, and Pearl was ultimately executed after being held captive for five weeks.

His wife, Mariane Pearl, gave birth to a baby boy, Adam D. Pearl, in Paris later that year. On the Daniel Pearl Foundation website, she said, “Adam’s birth rekindles the joy, love, and humanity that Danny radiated wherever he went.”

The post Indian Army Kills Islamist Terrorist Linked to 2002 Murder of Jewish-American Journalist Daniel Pearl first appeared on Algemeiner.com.

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Jewish Jewelry Shop Owners Brutally Assaulted in Tunisia Days Before Annual Pilgrimage

A Jewish jewelry shop owner in Djerba, Tunisia, was brutally attacked by a man wielding a machete. Photo: Screenshot

A Jewish jewelry shop owner in Djerba, Tunisia, was brutally attacked by a man wielding a machete just days before the Tunisian island was set to host its annual Jewish pilgrimage, which is expected to draw thousands of visitors.

On Wednesday morning, two Jewish men — owners of a jewelry shop in the center of the island, located off Tunisia’s southeast coast — were physically assaulted by a man carrying a large knife.

Although the attack was halted when one of them screamed — alerting members of the local Jewish community who subdued the assailant — one of them was left severely injured.

According to local media reports, the attacker had surveyed the island the day before, visiting several stores to identify those owned by Jews. Local police arrested him shortly following the assault.

After the attack, one of the owners was admitted to the hospital with severe injuries. The 50-year-old Jewish man had his fingers severed during the assault and underwent surgery to reattach them.

Israeli Foreign Minister Gideon Saar condemned the attack and expressed his wishes for a swift recovery to the victims.

“This attack comes two years after the previous deadly assault that claimed Jewish lives and the lives of security personnel during the Lag BaOmer celebration,” the top Israeli diplomat wrote in a post on X.

“I call on the Tunisian authorities to take all necessary measures to protect the Jewish community,” Saar continued.

Djerba is home to the majority of Tunisia’s Jewish community, numbering about 2,000 people, and is also where the renowned El Ghriba Synagogue, one of North Africa’s oldest synagogues, is located.

The attack comes just a week before Jewish pilgrims are expected to arrive on the island for the Lag B’Omer holiday, when thousands gather annually for three days of festivities. The annual pilgrimage to El Ghriba Synagogue, scheduled for May 15 and 16 this year, draws visitors from around the world.

The synagogue has been targeted in multiple terrorist attacks over the years, including in 1985, 2002, and 2023.

Two years ago, a shooting at the synagogue claimed the lives of two Jewish cousins and three police officers. Aviel Hadad, a 30-year-old Israeli goldsmith, and Ben Hadad, a 42-year-old Frenchman who had traveled to join the festivities, were among the victims.

The post Jewish Jewelry Shop Owners Brutally Assaulted in Tunisia Days Before Annual Pilgrimage first appeared on Algemeiner.com.

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