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Israeli democracy may not survive a ‘reform’ of its Supreme Court
(JTA) — On Dec. 29, Israel swore in Benjamin Netanyahu’s sixth government. The Likud leader became Israel’s prime minister once more, and one week later, Israel’s long-anticipated judicial counterrevolution began.
In the Knesset Wednesday, newly minted Justice Minister and Netanyahu confidant Yariv Levin unveiled a package of proposed legislation that would alter the balance of power between Israel’s legislature and its Supreme Court.
At the core of this plan is a bill to allow the Knesset to override the Supreme Court. Levin’s proposals — which almost certainly have the immediate support of a Knesset majority, regardless of Levin’s assurances that they would be subject to “thorough debate” — would pave the way for Israel’s new government to pass legislation that curtails rights and undermines the rule of law, dealing a blow to Israeli democracy.
The dire implications of this proposed judicial reform are rooted in key characteristics of the Israeli political system that set it apart from other liberal democracies. Israel has no constitution to determine the balance of power between its various branches of government. In fact, there is no separation between Israel’s executive and legislative branches, given that the government automatically controls a majority in the parliament.
Instead, it has a series of basic laws enacted piecemeal over the course of the state’s history that have a quasi-constitutional status, with the initial intention that they would eventually constitute a de jure constitution.
Through the 1980s, the Knesset passed basic laws that primarily served to define state institutions, such as the country’s legislature and electoral system, capital and military. In the 1990s, there was a paradigm shift with the passage of two basic laws that for the first time concerned individuals’ rights rather than institutions, one on Human Dignity and Liberty (1992) and the other on Freedom of Occupation (1994). These laws enshrined rights to freedom of movement, personal freedom, human dignity and others to all who reside in Israel.
Aharon Barak, the president of Israel’s Supreme Court from 1995 to 2006, argued that these laws constituted a de facto bill of rights, empowering the court to review Knesset legislation and to strike down laws that violate civil liberties, a responsibility not explicitly bestowed upon the court in the basic law pertaining to the judiciary. In 1995, the Supreme Court officially ruled that it could indeed repeal legislation that violates the country’s basic laws, heralding an era of increased judicial activism in Israel in what became known as the “judicial revolution.” The court has struck down 20 laws since, a fairly modest number compared to other democracies.
The judicial revolution of the 1990s shifted the balance of power in Israel’s political system from one of parliamentary sovereignty, in which the Knesset enjoyed ultimate power, to one in which the legislature is restricted from violating the country’s (incomplete) constitution. Israel’s Supreme Court became a check on the legislative branch in a country that lacks other checks and balances and separations of power.
As a result of these characteristics, the Supreme Court currently serves as one of the only checks on the extraordinary power of Israel’s 120-member Knesset — which is why shifting that balance of power would have such a dramatic impact on Israel’s democracy.
Levin’s proposed judicial overhaul includes several elements that would weaken the power and independence of Israel’s Supreme Court. The plan includes forbidding the Supreme Court from deliberating on and striking down basic laws themselves. It would require an unspecified “special majority” of the court to strike down legislation, raising the threshold from where it currently stands.
Levin has also called for altering the composition of the selection committee that appoints top judges to give the government, rather than legal professionals, a majority on the panel. It would allow cabinet ministers to appoint legal advisors to act on their behalf, rather than that of the justice ministry, canceling these advisors’ role as safeguards against government overreach. Should a minister enact a decision that contravenes a basic law, the ministry’s legal advisor would no longer report the violation to the attorney general, and would instead merely offer non-binding legal advice to the minister.
The pièce de résistance is, of course, the override clause that would allow the Knesset to reinstate laws struck down by the Supreme Court by 61 members of Knesset, a simple majority assuming all members are present. The sole restriction on this override would be a provision preventing the Knesset from re-legislating laws struck down unanimously, by all 15 judges, within the same Knesset term.
This plan’s obvious and most immediate result would be the effective annulment of the quasi-constitutional status of Israel’s basic laws. If the Knesset’s power to legislate is no longer bound by basic laws, these de facto constitutional amendments no longer have any teeth. There are no guardrails preventing any Knesset majority from doing as it wishes, including violating basic human rights. The Knesset could pass laws openly curtailing freedom of the press or gender equality, for example, should it choose to do so.
This counterrevolution, in effect, goes further than merely undoing what occurred in the 1990s.
Most crucially, the Knesset that would once again enjoy full parliamentary sovereignty in 2022 is not the Knesset of Israel’s first four decades. Shackling the Supreme Court is essential to the agendas of the new government’s various ultra-right and ultra-religious parties. For example, the haredi Orthodox parties are eager to re-legislate a blanket exemption to the military draft for their community, which the court struck down in 2017 on the grounds that it was discriminatory. They also have their sights on revoking recognition of non-Orthodox conversions for immigrants to Israel, undoing a court decision from 2021.
The far-right, Jewish supremacist parties of Bezalel Smotrich and Itamar Ben-Gvir, meanwhile, see an opportunity to deal a decisive blow to an institution that has long served as a check on the settlement movement. They hope to tie the court’s hands in the face of oncoming legislation to retroactively legalize settlements built on private Palestinian land, which are illegal under Israeli law. But this is only the beginning: Neutering the authority of the court could pave the way for legal discrimination against Israel’s Arab minority, such as Ben-Gvir’s proposal to deport minorities who show insufficient loyalty.
The timing of Levin’s announcement Wednesday could not be more germane. The Knesset recently amended the basic law to legalize the appointment of Aryeh Deri, the Shas party leader who is serving a suspended sentence for tax fraud, as a minister in the new government. The Supreme Court convened Thursday morning to hear petitions against his appointment from those arguing that it is “unreasonable” to rehabilitate Deri given his multiple criminal convictions, a view shared by Israel’s attorney general. Levin’s proposals would bar the court from using this “reasonability” standard.
The Israeli right has long chafed at the power of the Supreme Court, which it accuses of having a left-wing bias. But a judicial overhaul like this has never enjoyed the full support of the government, nor was Netanyahu previously in favor of it. Now, with a uniformly right-wing government and Netanyahu on trial for corruption, the prime minister’s foremost interest is appeasing his political partners and securing their support for future legislation to shield him from prosecution.
In a system where the majority rules, there need to be mechanisms in place to protect the rights of minorities — political, ethnic and religious. Liberal democracy requires respect for the rule of law and human rights. Yariv Levin’s proposals to fully subordinate the Supreme Court to the Knesset will concentrate virtually unchecked power in the hands of a few individuals — government ministers and party leaders within the coalition who effectively control what the Knesset does. That those individuals were elected in free and fair elections is no guarantee that the changes they make will be democratic.
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Milei praises ‘Judeo-Christian values’ at Chabad event as Argentina courts European Jews
(JTA) — BUENOS AIRES — Argentine President Javier Milei exalted “Judeo-Christian values” on Monday as he spoke to a crowd of 1,800 people celebrating the 32nd anniversary of the death of the last Chabad-Lubavitch rabbi.
Milei was the keynote speaker at the Hasidic Orthodox movement’s event marking the yahrzeit of Rabbi Menachem Mendel Schneerson, becoming what appears to be the first sitting non-Jewish head of state to make an official tribute to the Lubavitcher Rebbe at a major Chabad event.
“The conclusion I have reached is simple in its formulation and profound in its consequences: When one embraces Judeo-Christian values, spiritual and material life become aligned and resonate on the same wavelength,” Milei said Monday night at the Palacio Libertad cultural center.
It was the latest in a long list of expressions of admiration for Judaism for Milei, a self-described “anarcho-capitalist” who was elected in 2023 and since has made support for Israel a cornerstone of his agenda. He has previously visited Schneerson’s grave in New York City, made pilgrimages to the Western Wall in Jerusalem and presented a picture of Schneerson to Israeli Prime Minister Benjamin Netanyahu as a gift. He was also honored at a Chabad synagogue in Miami in 2024, where he revealed that he believed he has Jewish heritage.
Milei has long studied Judaism and has said he wants to convert after leaving office but sees Jewish practice, including the observance of Shabbat, as incompatible with the presidency.
His 40-minute speech at the Chabad event focused almost entirely on Jewish religious texts and thought, quoting passages from the Torah as the basis of his economic view.
Milei also revealed that his address was drawn from the epilogue of his upcoming book, “Morality as State Policy,” in which he argues that capitalism is a system invented by “the Creator” — whom he also referred to as “the One” — to bring paradise to earth through work.
Jews in Argentina have a range of perspectives on Milei’s philosemitism.
“I appreciate that the president chose to attend and speak at the Tribute to the Rebbe,” Rabbi Tzvi Grunblatt, the head of Chabad in Argentina, told the Jewish Telegraphic Agency. “He is doing so from a deeply personal place. I also think it is healthy for him to have this spiritual side.”
But Alicia Osipovich, a sign-language interpreter assisting a deaf attendee at the event, told JTA that Milei’s forceful support for Israel and Judaism made her uneasy, even as she personally appreciated it.
“I’m proud and deeply moved to have a president like him,” Osipovich said. “At the same time, I have some concerns. He speaks extensively about Israel, and you know how support for Israel is sometimes portrayed. He says he is a Zionist, but nowadays the word ‘Zionist’ is often used as a negative label. I have mixed emotions. As a Jew, I am proud, but I also feel some concern about the increased public exposure of Judaism these days.”
Under Milei’s leadership, Argentina has invited European Jews worried about rising antisemitism to consider the country as a destination. Foreign Minister Pablo Quirno recently emphasized Argentina’s attractiveness in a message aimed at Jews in Britain and other European countries who are grappling with surging incidents targeting Jewish communities.
“A country on the up with great opportunities. Sunny, with many natural attributes, and home to the largest Jewish community in Latin America. Strong stand against antisemitism. British and European Jews should seriously consider Argentina. You are welcome,” Quirno wrote on X in reply to author Saul Sadka, who had urged British Jews to consider leaving amid growing hostility.
Argentina’s leading Jewish organization, DAIA, has recorded more antisemitic incidents in recent years, mostly taking place online. But the rate of antisemitic incidents reported in the country last year was significantly lower than in many other countries with sizable Jewish populations, according to the 2025 worldwide antisemitism report published in April by Tel Aviv University.
Rabbi Abraham Cooper, the Simon Wiesenthal Center’s global director, praised Quirno’s invitation, saying it reflected a significant shift.
“Sign of the times? A country formerly ruled by a Nazi-supporting dictator has morphed over decades into a strong democracy whose president is a philo-Semite,” Cooper wrote in reply to Milei’s foreign minister. “Argentina currently serves as chair of IHRA [the International Holocaust Remembrance Alliance]. Foreign minister now beckons embattled British Jews. Incredible.”
Israel’s ambassador to Argentina Eyal Sela told JTA at the Chabad event that he had no difficulty recognizing that Argentina is currently a very good place for Jewish life.
“Yes, I agree with the Argentine foreign minister,” Sela told JTA. “Of course, Israel will always be the best place for Jewish life. But today, Argentina is a much better place for Jews than Europe.”
Monday’s event opened with the testimony of Yosef Chaim Ohana, a survivor of the Oct. 7, 2023, Hamas attack on Israel, who expressed deep gratitude for the support shown by Jews around the world, followed by remarks from his father, Avi Ohana. Milei hosted the Ohanas and Grunblatt on Tuesday morning at Argentina’s presidential palace, the Casa Rosada.
Dozens of Argentine nationals were murdered or taken hostage on Oct. 7. This week, an Israeli who had worked in Buenos Aires at the Israeli embassy in Argentina was killed in an attack on a moshav in central Israel.
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France bans Smotrich as 6 countries impose new sanctions over Israeli settler violence
(JTA) — Six countries have imposed coordinated sanctions against Israeli groups over settler violence in the West Bank, with France barring Israel’s far-right finance minister, Bezalel Smotrich, from its borders.
France, the United Kingdom, Canada, Norway and Australia on Tuesday released sweeping sanctions on Israeli networks and leaders to “hold extremist settlers accountable for the horrific levels of settler violence against Palestinian civilians,” their foreign ministers said in a joint statement.
The measures include a range of travel bans and asset freezes aimed at disrupting flows of finance to extremist settler groups as violence escalates in the West Bank. The United Nations reported over 1,800 settler attacks against Palestinians in 2025, the highest number since it began documenting incidents in 2006, and violence has remained intense this year. The Israeli military also recorded a sharp increase in nationalist and settler violence in 2025.
Israel said it rejected “the disgraceful measures adopted by foreign governments against Israeli citizens, entities, and a government minister,” accusing the other countries of imposing a political stance that was “camouflaged as measures against violence.”
“What these governments have in common is their resounding failure to combat the antisemitism that is rampant in their own countries,” said Israel’s Foreign Ministry. “Anti-Israeli policies of the kind adopted today only serve to fuel that antisemitism.”
New Zealand imposed travel bans last week on three Israelis: Itamar Yehuda Levi, Harel David Libi and Eliav Libi. Foreign Minister Winston Peters said the bans were not aimed at the Israeli government or people, but targeted “three individuals who have actively worked to expand illegal settlements in the West Bank, including through violence.” Levi and his construction company, Eyal Hari Yehuda, were also listed as targets of new sanctions from the United Kingdom. Levi, Harel David Libi and Eliav Libi could not be reached for comment.
France on Tuesday joined a growing list of countries to ban Smotrich, Israel’s far-right finance minister who oversees demolition and construction in a portion of the West Bank. The ban comes days after Smotrich visited the United States to march in a pro-Israel parade in New York City, surprising many local Jewish leaders who said they do not support him.
Smotrich has already been barred from entering Ireland, Spain, the United Kingdom, Norway, Australia, New Zealand, the Netherlands and Slovenia. Smotrich did not respond to a request for comment.
Those countries have also previously banned Itamar Ben-Gvir, Israel’s far-right national security minister. France banned Ben-Gvir last month after he posted a video of himself taunting detained activists who attempted to carry aid to Gaza on a flotilla.
France added four leaders of settler organizations and 21 settlers accused of violence to its travel ban list on Tuesday, according to foreign affairs minister Jean-Noël Barrot.
The United Kingdom, for the first time, has explicitly advised businesses against economic and financial activity in the West Bank. The country released a list of seven sanctioned people and entities that financially support Israeli settler farms and outposts in the West Bank or are associated with physical attacks on Palestinians.
Foreign Secretary Yvette Cooper also announced at least £10 million for the Palestinian Authority, which runs Palestinian areas of the West Bank, and £1 million for humanitarian assistance with clearing mines in Gaza.
Canada announced that its measures on Tuesday brought the country to a total of 19 individuals and 12 entities sanctioned for “their role in extremist settler violence.”
The joint statement issued by five foreign ministers said that illegal settlements, which shrink the territory inhabited by Palestinians, undermine “viability of the State of Palestine and the prospects for peaceful coexistence.” Norway officially recognized a Palestinian state in May 2024, with France, the United Kingdom, Canada and Australia following suit in September 2025. New Zealand has not recognized a Palestinian state.
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Colombian President Gustavo Petro sparks outcry over tweet reading ‘Heil Hitler’
(JTA) — Colombia’s outgoing president, Gustavo Petro, sparked fierce condemnation from Israeli and Latin American leaders after he tweeted the phrase “Heil Hitler” Sunday in response to an op-ed endorsing a candidate in the country’s upcoming presidential election.
Petro, a left-wing president in the final weeks of his term ahead of the country’s June 21 runoff election, posted the Nazi phrase in response to an op-ed supporting right-wing presidential candidate Abelardo de la Espriella.
Petro subsequently defended his use of the Nazi slogan, arguing that he was critiquing the language used by the op-ed’s author, which he said included “fascist phrases.”
His defense came after criticism from Israeli leaders and others who said the “Heil Hitler” comment was inappropriate.
Israel’s ambassador to the United Nations, Danny Danon, called on the Colombian leader to “come to your senses and apologize” before Wednesday, when he is slated to preside over a debate at the United Nations Security Council.
“President of Colombia, @petrogustavo, whatever is going on in your personal life, there are lines that must never be crossed,” Danon wrote in a post on X. “Using Nazi slogans is a disgraceful low from which there is no coming back.”
Israel’s Foreign Ministry also decried the post, writing on X that it was a “total loss of moral compass and an indelible stain on Colombia’s legacy.”
The episode comes amid shifting norms about the use of Holocaust analogies and language in political discourse. After being considered out of bounds for a long time, people on both the right and the left have increasingly shed those norms amid growing political polarization and extremism around the world.
The “Heil Hitler” post was not the first time Petro has landed in hot water for invoking the Holocaust. In the wake of Oct. 7, Petro drew backlash from Jewish and Israeli leaders for likening the actions of Israel to Nazi Germany. On social media, he has repeatedly called political rivals Nazis, including last month when he wrote in a post on X that Israel’s national security minister, Itamar Ben-Gvir, had behaved like a “true Nazi” after he posted videos taunting detained activists from a Gaza-bound aid flotilla.
In 2024, Petro also severed diplomatic ties with Israel, accusing the country of commiting genocide in Gaza, an accusation Israel has denied. Espriella, who was endorsed by President Donald Trump, has vowed to renew diplomatic ties with Israel.
On Monday, 24 Latin American lawmakers signed onto a statement condemning Petro’s rhetoric, warning that his repeated use of references to Naziism risked distorting Holocaust memory.
“The use of references to Nazism must not become a rhetorical tool to discredit political or ideological positions. Democratic leaders have a responsibility to promote a respectful public debate that is conscious of the weight of words,” the statement read.
The statement was initiated by the Coalition of Latin American Legislators Against Antisemitism, which is led by the Combat Antisemitism Movement. The signatories included lawmakers from Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Panama, Paraguay, Peru, the Dominican Republic and Uruguay.
Shay Salamon, CAM’s executive director of Latin American affairs, said in a statement that Petro’s invocation of the phrase reflected a “troubling record of antisemitic expressions and conduct” by the Colombian leader.
“When a leader uses the authority of his office to stigmatize the Jewish people or trivialize their historic suffering, silence is no longer an option,” Salamon said.
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