Uncategorized
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.
—
The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.
Uncategorized
‘There was a campaign’: UN torture official says colleagues tried to block her letter documenting Oct. 7 atrocities
An Australian lawyer tasked by the United Nations with monitoring and documenting allegations of torture and cruelty is accusing colleagues within the UN human rights system of trying to block the publication of a Jan. 2024 letter she wrote documenting allegations of abuses committed during the Hamas-led Oct. 7 attack on Israel months earlier.
Alice Edwards, who since 2022 has served as United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, said she faced weeks of pressure from colleagues who argued that allegations included in the letter she drafted were false and urged her not to send it.
“There was a campaign to prevent that letter going out,” Edwards said in remarks delivered earlier this month at University College London and obtained by the Forward. “There was weeks of being bullied and deterred from writing it and telling me that everything in it was false.”
Edwards’ statements resurfaced a long-simmering conflict in the UN human rights system around its treatment of Israel, which is frequently singled out by UN resolutions and by rapporteurs as a perpetrator of human rights violations.
Meanwhile, other UN rapporteurs have declared doubts on evidence of sexual violence committed during the Oct. 7 attacks — prompting a surviving hostage and the head of an investigative commission that published a report last month compiling witness and survivor testimonies to confront them this week at a hearing in Geneva.
Edwards’ letter, sent in early 2024 to Palestinian authorities and copied to Hamas, detailed allegations of torture, sexual violence, including rapes and gang rapes, burning people alive, and other abuses committed during the Oct. 7 attacks.
According to Edwards, colleagues had given extensive feedback on drafts of the letter, with some items removed from the final version as a result. “All the comments of these individuals had been taken into account,” she said, adding that “the letter shrunk considerably.”
Even after those revisions, Edwards said, only one counterpart — the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Morris Tidball-Binz — ultimately signed the communication before it was sent.
Other special rapporteurs and working groups who had expressed interest in signing it, she said, “had also been bullied by others not to sign on.” Edwards added: “There was this concerted effort for this letter not to put on record some allegations that had been received.”
Contacted by the Forward, Danny Danon, Israel’s Ambassador to the UN sent a written statement. “Dr. Alice Edwards’ testimony exposes an uncomfortable truth: when it comes to Israel, facts are too often sacrificed on the altar of politics,” said Danon. “The evidence is overwhelming and undeniable. For more than two years, Israel has documented and presented the horrific crimes committed against its citizens.”
UN special rapporteurs are independent human rights experts appointed by the UN Human Rights Council to monitor, investigate and advise on thematic topics that include torture, violence against women, and education among others. While their recommendations are not binding, their advice informs UN action and aims to influence governments’ responses to alleged violations.
Israeli officials and advocacy groups had long argued that the United Nations devotes disproportionate attention to Israel’s alleged wrongdoing compared to other countries and holds Israel to a double standard. Since the Hamas-led attacks on Oct. 7, 2023, they say, the UN and its rapporteurs have not adequately condemned Hamas’ atrocities and the treatment of Israeli hostages.
Reem Alsalem, the UN Special Rapporteur on violence against women and girls, has said that the Israeli government’s failure to cooperate with her mandate has undermined investigative efforts and “represents a profound injustice to all the victims.” She also has called into question reports from victims, witnesses and investigators who described rape as part of the Oct. 7 violence.
In a post on X in November 2025, Alsalem wrote: “No Palestinian applauded rape in Gaza. No independent investigation found that rape took place on the 7th of October 2023.”
She also wrote of allegations of Hamas perpetrated sexual violence against Israelis: “I firmly believe that never have we seen such a weaponization of accusations of sexual violence as well as disinformation to manufacture consent for the commission of a genocide – aided and abetted by the media and governments around the world.”
The tensions resurfaced publicly this week at the UN Human Rights Council in Geneva when Dr. Cochav Elkayam-Levy, founder and chair of the Civil Commission on October 7th Crimes by Hamas against Women and Children, presented findings from the commission’s recently published report, Silenced No More.
The report, which has been received by governments, international organizations, academic institutions, and policymakers around the world and boasts many endorsers, is the most comprehensive body of evidence yet of sexual violence on October 7. It catalogues witness testimonies, accounts from hostages about sexual abuse during their captivity, and analysis of over 10,000 photos and videos, including hours-long videos recorded by the perpetrators.

“For two years, we immersed ourselves in testimonies of unimaginable violence,” Elkayam-Levy said Wednesday during her presentation of the findings at the UN in Geneva. “We revealed 13 patterns of abuse — including rape, gang rape, sexual torture, burning, and the deliberate mutilation of victims’ faces and genitalia.”
She went on to single out the UN human rights representatives as unresponsive to the evidence. “Will the UN rapporteurs who doubted or denied these crimes acknowledge the truth?” she said, adding, “We call upon you to recognize our findings.”
A day earlier, Ilana Gritzewsky, a survivor of Hamas captivity who has spoken publicly about sexual violence she experienced, confronted Alsalem directly during a live testimony in an emotional appeal.
“Ms. Alsalem, you said there was no evidence of sexual violence on October 7,” she said. “I am the living proof of sexual violence by Hamas. When I and other Israeli women begged not to be raped, why were you silent?”
‘She was very brave’
Asked about Edwards’ allegations, the UN office that supports the special rapporteurs and other independent human rights experts provided a statement to the Forward: “While the experts frequently issue joint communications on issues that engage multiple mandates, participation in any particular communication remains at the full discretion of each expert, in line with their mandate.”
According to Dr. Shelly Aviv Yeini, the former head of the international law department at the Hostages and Missing Families Forum, Edwards and the United Nations Special Representative of the Secretary-General on Sexual Violence in Conflict, Pramila Patten, were among a small number of UN officials who meaningfully engaged with hostage families after the terror attacks. Individuals within the Office of the Secretary-General reached out later in the war.

Aviv Yeini told the Forward that her group and the International Jewish Lawyers Organization provided Edwards with a report that informed Edwards’ later work. Edwards published a report determining that the families of hostages should also be recognized as direct victims of torture and hosted an event in Geneva alongside the forum to present and discuss those findings.
“I think she was very brave, acknowledging the families and defending us in a time when it wasn’t so easy,” said Yeini.
Adam Wagner, who spoke at the event and represented hostages with British ties taken by Hamas, told Edwards that she was “the only UN official” whom hostage families felt “ever reached out to them or did anything for them.”
Edwards’ position at the UN, like those of all other UN rapporteurs, is unpaid. As a part of her work, she is able to go on one official visit to a country for the purpose of investigating allegations of torture per year. Edwards says she supplemented this with several other trips, which she funded herself. In December 2024, she embarked on a self-funded trip to Israel to investigate the Oct. 7 atrocities, during which she visited southern Israel, including kibbutzim that had been decimated by Hamas, and spoke with victims and hostage families, among others.
Edwards said at the talk that she believes she was the only UN special rapporteur to request access to the video compilation assembled by Israeli authorities to personally review footage from the Oct. 7 attacks. According to Yeini, Edwards met repeatedly with hostage families, visited attack sites, and reviewed evidence firsthand.
Edwards told the Forward in a statement that the role of independent experts is “to document violations wherever they occur and regardless of the identity of the victims or the perpetrators.”
“Our credibility depends on maintaining public confidence that human rights are applied universally,” she said. “Where people perceive selectivity, double standards or political alignment, confidence is weakened.”
The post ‘There was a campaign’: UN torture official says colleagues tried to block her letter documenting Oct. 7 atrocities appeared first on The Forward.
Uncategorized
The Netanyahu-Trump alliance reaches its breaking point
For decades, Israeli Prime Minister Benjamin Netanyahu’s greatest political asset was the United States. Even Israelis who distrusted him, opposed him, or blamed him for deepening the country’s divisions often accepted one proposition: Netanyahu understood the U.S. better than any other politician. He knew how to preserve Israel’s position at the center of American politics and power, without which the country would be in danger.
That belief is no more.
As negotiators meet this week to discuss the future of the Middle East, Israel finds itself in an extraordinary position. Central questions under discussion involve Israel’s security, Israel’s freedom of military action, and the future of Iran’s nuclear and regional ambitions.
Yet Israel is not in the room. Iran is.
The result, in Israel, has been something close to wall-to-wall shock and condemnation. And the harshest criticism is aimed not at the agreement but at Netanyahu himself. Switzerland looks like a vindication of the deepest concerns of opponents who have long argued that Netanyahu mortgaged Israel’s bipartisan support in Washington in exchange for a close relationship with President Donald Trump.
“The strategic damage that this government is leaving behind in terms of our relationship with the United States is damage that will take years to repair,” said former Cabinet minister Izhar Shai.
Netanyahu “built Israel’s entire strategic position around President Trump,” Shai added. “But Trump does what is good for himself and for his voters. He does not act on behalf of the state of Israel.”
Someone might want to convey that message to Trump, who has repeatedly suggested that he determines what Israel can and cannot do, and publicly implied that Netanyahu follows his instructions.
Now, as Trump makes promises about Israel’s actions without Israel in the room, he’s solidified the international impression that the hallowed U.S.-Israel relationship has been reduced to that of a superpower dictating terms to an utterly dependent client. No American president from either party has treated an Israeli prime minister this way — at least in public.
An alliance close to fracturing
Many Israelis are confronting the once-unthinkable possibility that their country’s relationship with the U.S. has been materially damaged by the very leader who claimed unique mastery over it. The concern is not merely that Trump disagrees with Netanyahu. It is that influential figures in Washington increasingly appear to believe that Netanyahu helped draw the U.S. into a military confrontation with Iran based on assumptions that were flawed from the outset.
Since Netanyahu spent years narrowing Israel’s political base in the U.S., there’s nowhere for Israel to turn. Netanyahu’s repeated confrontations with Democratic administrations, beginning most dramatically with his 2015 speech objecting to President Barack Obama’s proposed nuclear deal with Iran, steadily weakened bipartisan support. His identification with Trump — whom he openly supported in the 2024 election — meaningfully deepened that trend.
Meanwhile, relations with many European governments deteriorated, especially during the cataclysmic Gaza war. The result is that Israel now finds itself with fewer reserves of international goodwill than at any point in recent memory.
For Israelis, the American relationship has never primarily been about aid. The billions of dollars in annual military assistance are important, but for a half-trillion-dollar economy they are not decisive. The real value of the alliance is strategic.
American backing provides Israel with a level of deterrence that no other country can offer. It shields Israel diplomatically, particularly at the United Nations. It anchors the network of trade, investment, technological cooperation and international legitimacy on which Israeli prosperity depends. Without that support, Israel would face far greater risks of diplomatic isolation, economic pressure and boycotts.
Israelis understand this intuitively, even if their politics do not always reflect it. It is their prosperous economy that finances a sophisticated military. International trade and investment help sustain that prosperity. Strong alliances help make those relationships possible.
Remove enough pieces from that structure, and eventually even Israel’s military power will begin to erode. Remove the U.S., and it could crumble.
A boon for Israel’s military foes
The immediate strategic implications of negotiations are also serious. If Washington agrees to constrain Israeli freedom of action in Lebanon as part of a broader accommodation with Tehran, as appears possible, Israel could find itself pressured by its strongest ally to withdraw from positions it regards as essential to its security. For residents of northern Israel, many of whom only recently returned home after months of displacement, that prospect is deeply unsettling.
And a weakened Israeli deterrent could strengthen Hezbollah politically as well as militarily. The organization is battered. But if Israel is forced to accept restrictions on its freedom of action while Hezbollah remains intact, the Lebanese government — which recently took risks by signaling a willingness to challenge Hezbollah’s dominance — may conclude that confrontation is no longer worth the danger.
In the worst case scenario, Hezbollah could emerge from the crisis with greater influence than before, emboldened to test Israel through provocations, targeted attacks or efforts to intimidate opponents inside Lebanon.
Israel’s military future as regards Iran also looks grim. The Islamic Republic has emerged strategically strengthened from this conflict. It’s all but certain that Tehran has no real plans to abandon its long-term nuclear ambitions, even if it accepts temporary restrictions. Israelis’ expectation now is that Iran will eventually resume enrichment activities — while Israel’s ability to respond militarily has been narrowed by understandings reached over its head.
That is why the current moment feels so dangerous. Israelis are considering, for the first time for real, that by relying on Trump, Netanyahu has wrecked the strategic framework that has underwritten Israel’s security and prosperity for generations. The October election may therefore become more than a referendum on the aftermath of the Oct. 7 attack, Gaza or Iran. It may become a referendum on the central promise that sustained Netanyahu’s political career for decades: that whatever his faults, he knew how to manage America.
The post The Netanyahu-Trump alliance reaches its breaking point appeared first on The Forward.
Uncategorized
The White House cabinet is eating like your zayde
Robert F. Kennedy Jr. is hawking a new diet: sauerkraut. Yes, lacto-fermented cabbage. And it’s catching on with Trump’s cabinet, according to The Wall Street Journal, which reported that Vice President JD Vance, Transportation Secretary Sean Duffy and Commerce Secretary Howard Lutnick are all heaping their plates with cabbage — apparently “drawn by the promise of slimmer waistlines and glowing skin.”
This claim may sound like it belongs in the marketing material for some sort of beauty product, or a scammy gas station supplement, rather than a jar of preserved vegetables. But RFK Jr. boasted that he lost 20 lbs in 30 days from eating mass amounts of the stuff. One might assume something like a tapeworm is responsible for such extreme weight loss — especially given Kennedy’s previous worm-related medical issues — but he asserts it’s all thanks to cabbage.
The diet, drawn up by one Dr. Sean O’Mara, an MD who advertises himself as an “executive biological consultant to high-performance leaders,” is apparently not just about sauerkraut; it includes other fermented vegetables, urges followers to also eat steak, snack on “old world cheese” and cut out alcohol and sugar.
Admittedly, this sounds like a fairly normal, low-carb diet. But sauerkraut is so core to the meal plan that members of the cabinet have taken to making their own, and carrying it around just to make sure they’re never without. Kennedy’s wife, Cheryl Hines, said on a podcast with Steven Miller’s wife, Katie, that she has had to refuse to stow a container of sauerkraut in her clutch when she and her husband go out for a nice evening. But, she said, he brings it anyway, presumably in his own bag. Or maybe tucked under his arm.
It’s hard to imagine anything more bubbie-coded than whipping out a jar of sauerkraut from a handbag while out at a nice dinner.
It’s not that Jews have some kind of patent on fermented vegetables; they exist in many cultures, like kimchi in Korea and miso in Japan. Sauerkraut specifically is common throughout European countries like Germany, Czechia and Russia.
But in the U.S., there’s a pretty strong association between Jews and pickles, whether they be sauerkraut or cucumbers, thanks to the deli culture imported with Jewish immigrants into the U.S. Jews created a pickle district on the Lower East Side, selling the preserved vegetables from pushcarts and spreading the food through the city. We’ve long been aware of the healthy gut biome effects of a lacto-fermented vegetable.
Ashkenazi food has long been made fun of for being gross — largely thanks to innovations like jarred gefilte fish, its beige-heavy color palette and, as the Wall Street Journal piece hinted at, the diet’s resulting gastrointestinal effects. Much of shtetl food culture was the result of hardship, and the need to preserve food through long winters, not an attempt for glowing skin and slim waistlines. The hardier the vegetable, the longer it lasted. Enter the cabbage. There are few foods less sexy than cabbage. (And I love cabbage.)
Which is why it’s so funny to see some of the most powerful men in the U.S. adopting the diet of a poor shtetl Jew — and doing so for aesthetic reasons.
There are a lot of weird diets and quasi-scientific buzzwords like “seed oils” and “clean protein” floating through the MAHA world that these American leaders often play to. But most of those, at least the ones promoted by men like Vance, have some cross-over focus on manliness and discipline — they’re about building muscle in some sort of primitive way. Think the carnivore diet or Kennedy’s obsession with beef tallow. Seeing these men turn to a diet I associate with my grandmother because they want to lose weight feels absurd, especially in the days of Ozempic for those with the funds to pay for it. Perhaps that does not have the right optics.
Of course, sauerkraut is nothing to be ashamed of. In recent years, Jews have been reclaiming pride in their food cultures; bespoke pickling classes have boomed. So the White House cabinet’s sauerkraut kick is really just them being really late to the shtetl chic trend. But you still should probably be ashamed of smuggling your own food into a nice restaurant, even if it’s sauerkraut.
The post The White House cabinet is eating like your zayde appeared first on The Forward.

