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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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Is supporting peace illegal in Israel? A shocking arrest carries a warning
A Jewish man is wearing his kippah at a local café when an angry customer accosts him. The kippah is against the law, the man is told; the other customer calls the police.
Within minutes, officers arrive. They confiscate the Jewish man’s belongings, and place him in a cell without water for around 20 minutes. He is not allowed to call his wife. Near release, the officers threaten to put him back in the cell if he does not leave the station without his kippah.
The man refuses. And so an officer of the law takes a blade to the man’s sacred religious symbol. “She’d taken my possession, a religious ritual object, something that is very dear to my heart, and destroyed it,” the man said.
This was not Europe in the 1930s. It was Israel in 2026. And it all happened because Alex Sinclair, 53, had a Palestinian flag embroidered onto his kippah.
That Sinclair is a Zionist — his kippah also featured an Israeli flag — meant little to his fellow citizen, or to the police, who have taken an increasingly authoritarian tack against Palestinian symbols.
Israeli censorship of innocuous political expression isn’t new, especially for Palestinian citizens of Israel. But the egregious case of a Palestinian flag being cut off of Sinclair’s kippah shows the predictable consequences for Jews of policies that repress others’ speech in our name. A government that lets officers cut a Jew’s kippah is taking a page out of the playbook of antisemites by defining what it means to be a good Jew who gets to live freely in society
A kippah built for complexity
Sinclair is a Jewish education lecturer at the Hebrew University of Jerusalem. His 2013 book Loving the Real Israel: An Educational Agenda for Liberal Zionism — a finalist for a National Jewish Book Award — argues that Jewish education should be built around principles including complexity, conversation and empowerment.
He has spent his career insisting that you can love a country honestly only if you confront its flaws. As part of that effort, he has worn a kippah bearing both an Israeli and a Palestinian flag for nearly 20 years.
“The reasons behind the kippah are long and complex,” he wrote on Facebook after his detention, “and related to the messy ambivalence of my Jewish-Zionist identity.”
The kippah was, in part, his way of expressing his religious commitment without being folded into assumptions about what a kippah-wearing Jew stands for politically.
His wearing of it has sometimes sparked meaningful reactions from other Israelis, especially Palestinians. Once, a cashier in Sinclair’s neighborhood supermarket told him: “Thank you on behalf of all of us.” Another time, the mechanic fixing his flat tire saw the kippah and burst into tears. Among Jews, the kippah acts as necessary friction in a country sometimes desperate to maintain a smooth narrative.
In a 2024 essay called “The Two Most Important Flags for Liberal Jews Today,” Sinclair argued that the dual flags answer extremism from both Hamas and the Israeli right:
“By portraying the Israeli flag and the Palestinian flag together, we show Hamas and other Palestinian terrorists that we will not give up our country and our national identity, but we show potential Palestinian partners that we accept their national identity and wish to live in security, mutual dignity, and peace with them.”
Cutting the Palestinian flag out of Sinclair’s kippah was the state literally cutting complexity out of acceptable Jewish vocabulary.
The gap between what the law is and what it does
What happened to Sinclair was not a case of bad laws so much as police taking matters into their own hands despite the law.
No Knesset law makes the Palestinian flag illegal in Israel. Israeli legal authorities and courts have repeatedly affirmed the Palestinian flag as protected political expression, while allowing police only narrow authority in cases where there is a high probability of a breach of the peace or genuine suspicion that someone identifies with or supports a terrorist organization
Israel once used the power of the state to discipline Jewish radicals. The country’s first anti-terror law, passed in 1948, was directed at Jews. It was used to designate Lehi, a Jewish paramilitary group that assassinated United Nations mediator Folke Bernadotte because his proposed partition plan was seen as too favorable to Arabs. (This despite the fact that the Swedish nobleman’s “White Buses” operations rescued tens of thousands of prisoners, including Jews, from Nazi camps in 1945.)
Now, police contorted the statutory tradition descended from that law against a Jew for the peaceful connotations of his kippah. Politicians and law enforcement whose beliefs are arguably influenced by extremists like Lehi are abusing their power to harass peaceful citizens of the state.
Foremost among them is National Security Minister Itamar Ben-Gvir. In January 2023, days after being sworn in, Ben-Gvir directed the Israeli police to remove “terror-supporting flags” from public spaces — a directive that in practice included the Palestinian flag. Senior police commanders quickly said that the order was not legally sound. None of that has stopped censorship from happening.
The legal-rights organization Adalah has documented at least 645 people arrested for speech-related offenses since the Hamas attack of Oct. 7, 2023. The overwhelming majority of that number are Palestinian citizens of Israel, many of whom were eventually indicted. By contrast, human rights organization Yesh Din has found that nearly 94% of investigations into settler violence against Palestinians in the West Bank have been closed without indictments.
There was never going to be a firewall
It was always naïve to assume that the coercive apparatus used against Palestinians could be cordoned off from the democracy Jews live in.
Unchecked power, as critics like the Orthodox Jewish philosopher Yeshayahu Leibowitz warned, corrodes everything it touches. A state’s abuses undermine democracy for the citizens in whose name they are carried out.
The Israeli right may object that Hamas and its supporters have used the Palestinian flag in hateful contexts, including in imagery surrounding the Oct. 7 massacre and at rallies celebrating Hamas’s attack. (Hamas has its own, separate flag). That’s true, and it helps explain why many Israelis experience the Palestinian flag as threatening.
But just as the Israeli flag does not mean that every Jew who flies it endorses every action of Prime Minister Benjamin Netanyahu, the Palestinian flag does not mean that every Palestinian who waves it endorses Hamas. Flags, and nations, contain multitudes. Many Palestinians wave their flag out of a sincere desire for self-determination.
“I, like every Israeli, know people who lost loved ones on Oct. 7 or in the war thereafter,” Sinclair himself said. “Hamas is my enemy: an enemy who seeks my destruction, an enemy who is not interested in coexistence.” His kippah does not pretend otherwise.
If officers had cut a Jew’s kippah in any other country in the world, Israeli MK Gilad Kariv noted last week, “there would have been an uproar here in Israel.” He’s right.
Instead, the Israeli police have publicly described what they did to Alex Sinclair as a “clarification process.” That sounds like the bureaucratic vocabulary of a state that no longer trusts its citizens to exercise their rights and liberties. Following his detention, Sinclair filed a complaint with the Department for Internal Police Investigations. He requested compensation for the kippah and a written commitment that he could walk through Modiin without harassment.
“I’m not holding my breath,” he said.
His assessment is haunting: “If we are looking ahead, oh my God, is this what is in store for us?” The answer, if things continue along these lines, is a government that is increasingly authoritarian, deeply insecure and farcical. Days after Sinclair’s detention, Israeli police seized another suspect flag that was red, green, and white at an anti-Netanyahu protest. It was Hungarian.
The post Is supporting peace illegal in Israel? A shocking arrest carries a warning appeared first on The Forward.
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Iran Expected to Ramp Up Chemical, Biological Weapons Programs
Symbolic mock-ups of Iranian missiles are displayed on a street, amid the US-Israeli conflict with Iran, in Tehran, Iran, March 22, 2026. Photo: Majid Asgaripour/WANA (West Asia News Agency) via REUTERS
Amid sustained international scrutiny of Iran’s nuclear program, missile development, and regional proxy network, new assessments point to a quieter and more troubling front as allegations grow that Tehran may be expanding work related to chemical and biological weapons capabilities.
According to a new report from the Begin-Sadat Center for Strategic Studies at Bar-Ilan University in Israel, the Islamist regime in Iran may be advancing efforts to significantly develop its chemical and biological weapons programs — a move experts warn would pose serious risks not only to Israel but also to the wider region and the Iranian population itself.
Iran’s chemical and biological research programs allegedly focus on a range of toxic agents, including blister agents like mustard gas, nerve agents such as sarin and Novichok, and substances that attack the lungs or blood and can cause suffocation.
These reportedly also include biological threats such as anthrax, ricin, and botulinum toxins, as well as certain viruses, all of which can cause severe illness or death by disrupting the body’s nervous system, organs, or immune response.
Israeli officials have previously warned that the Iranian government has been developing dual-use chemicals, with both civilian and military applications, and may be channeling them to its regional proxy terrorist forces, raising fears they could be used to intensify proxy conflicts and destabilize the wider Middle East.
Tehran is also suspected of having used such agents to help suppress the nationwide anti-government protests earlier this year, which were violently crushed by security forces in a crackdown that left tens of thousands of demonstrators tortured, imprisoned, or killed.
Similar allegations have repeatedly emerged in the past, adding to a wider pattern of reported abuses against civilians and violations of human rights.
According to a report from Iran International, a medical staff member in Karaj said some detainees released during the January protests had reported body aches, lethargy, weakness, loss of appetite, nausea, and vomiting — all symptoms that may indicate possible drug-related poisoning.
Iran first began developing chemical weapons-related capabilities in the 1980s. In recent years, those efforts have reportedly evolved to include pharmaceutical-based agents and other compounds designed for incapacitation or riot control.
US government assessments have indicated for decades that Iran has been researching and developing chemical agents, including anesthetic compounds designed to incapacitate individuals by targeting the central nervous system.
These reports point to Iran’s academic sector playing a key role in this area, with Imam Hossein University and Malek Ashtar University of Technology — military-linked institutions associated with the Islamic Revolutionary Guard Corps and the Ministry of Defense — reportedly conducting research since at least 2005 into chemical agents designed for incapacitation.
Since the start of the war earlier this year, the Israeli Air Force has carried out sustained strikes targeting sites linked to chemical weapons research, development, and production, aiming to disrupt facilities embedded within Iran’s broader military-industrial infrastructure and associated pharmaceutical-based programs.
Even though Tehran has long denied pursuing chemical or biological weapons and remains a party to the Chemical Weapons Convention, Western governments continue to accuse the regime of violating international norms.
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Germany Reports ‘New Normal’ of Antisemitism as Islamist and Left-Wing Extremist Networks Fuel Rising Threats
Graffiti reading “Kill all Jews” was discovered on a residential building in Berlin-Pankow on April 26, 2026, part of a wave of antisemitic vandalism reported across the German capital over the past week, including swastikas and other hate-filled slogans scrawled on multiple sites. Photo: Screenshot
Germany is confronting what Jewish leaders describe as a “new normal” of antisemitism, with nearly half of Jewish communities across the country reporting incidents and officials warning that Islamist and left-wing extremist networks are driving a surge in hostility amid ongoing Middle East tensions.
According to a new survey released on Friday by the Central Council of Jews in Germany, 46 of more than 100 Jewish communities nationwide have been targeted in antisemitic incidents, underscoring the growing scale and urgency of the crisis.
Among the most commonly reported incidents were verbal abuse, threatening phone calls, hate speech, property damage, and antisemitic graffiti, with 68 percent of respondents saying they feel “very unsafe.”
“Following the explosive rise in antisemitism after Oct. 7, a ‘new normal’ has emerged,” Central Council President Josef Schuster said in a statement, referring to the Hamas-led invasion of and massacre across southern Israel over two years ago.
“A situation in which Jewish communities require constant protection and antisemitism has become normalized as part of the public sphere,” he continued.
In the wake of the recent war with Iran, 62 percent of respondents said their sense of insecurity has further intensified.
“This finding clearly shows that the war in the Middle East was always just a pretext, never a reason for antisemitic attacks and hate speech in Germany,” Schuster said.
Only 35 percent of respondents reported feeling a sense of solidarity and support from broader society, underscoring a widespread perception of isolation.
Even though religious and communal life continues largely with only minor restrictions in most communities, many Jews increasingly avoid displaying visible signs of their identity in public.
“Things that used to be taken for granted — openly wearing religious symbols, walking carefree to the synagogue — are now often accompanied by caution and more conscious consideration. At the same time, the emotional strain has increased significantly,” said one unnamed survey participant, according to the Central Council.
Amid a sharply deteriorating security climate in Germany, officials warn that surging antisemitism and hostility toward Israel are increasingly being driven by Islamist networks and left-wing extremist groups, with threats against Jewish and Israeli communities intensifying nationwide.
According to a study by the Hessian State Office for the Protection of the Constitution, Islamist and left-wing extremist actors are exploiting the Middle East conflict and rising regional tensions to spread antisemitic rhetoric, contributing to an increase in violence and harassment against Jews and Israelis.
The newly released report warns that such antisemitic narratives have become a central mobilizing force since the Oct. 7 atrocities, shaping public discourse and being used to justify acts of violence and intimidation.
“Antisemitism is no longer an isolated phenomenon, but a cross-cutting issue that connects various extremist groups,” the study notes.
After more than two years of escalation, German officials warn that the threat to Jewish life has risen dramatically, with antisemitic hate speech surging as extremist actors deliberately exploit the war in Gaza for propaganda.
The report points to extremist groups merging anti-imperialist ideology with entrenched antisemitic narratives in their propaganda around the Israel–Hamas war, including claims of a “genocide in Gaza,” depictions of the Jewish state as a “colonial power,” and labels such as “child murderer.”
These narratives are being used to justify violence against Israel and to exploit the humanitarian crisis to increase hostility and advance their agenda.
German Interior Minister Roman Poseck, who commissioned the report, warned of a deteriorating social climate, saying that “antisemitic sentiments are becoming increasingly intolerable, even in public spaces.”
“Antisemitism is one of the greatest threats to our social cohesion – especially from Islamism and the left-wing extremist spectrum,” the German official said in a statement.
“I am deeply ashamed of what Jews in Germany have to endure 80 years after the end of the Second World War,” he continued. “We Germans, in particular, bear a lasting responsibility never to forget what happened.”
According to Germany’s Radicalization Monitoring System and Transfer Platform, 45 percent of Muslims under the age of 40 in the country show an inclination toward Islamism — defined as support for Islamist ideas, preference for Sharia-based principles over the constitutional order, and the presence of antisemitic prejudices.
Among those surveyed, 23.8 percent view an Islamic theocracy as the most desirable form of government.
Even though right-wing extremism may be less normalized in mainstream discourse, the study warns it “remains a danger, as antisemitic prejudices and conspiracy myths continue to be deliberately spread there as well.”
The western German state of Hesse has seen a particularly visible surge in antisemitic expression, with chants such as “Child-murderer Israel,” “From the river to the sea,” and “Resistance is international law” heard at pro-Palestinian demonstrations, across social media, and on university campuses.
The study notes that these narratives act as a unifying thread, bringing together Islamist, left-wing, and right-wing extremists who adopt similar rhetoric to reinforce shared enemies and legitimize violence.
Notably, the German Left Party has repeatedly been at the center of controversy and public outrage over its continued use and promotion of anti-Israel rhetoric, reinforcing a recurring pattern of incidents within its ranks that have sparked allegations of antisemitism.
Last year, the party’s youth wing passed an anti-Israel resolution labeling the world’s lone Jewish state a “colonial and racist state project.”
More recently, Andreas Büttner, the commissioner for antisemitism in the state of Brandenburg in northeastern Germany, resigned from the Left Party, citing a rise in antisemitism within the ranks, relentless personal attacks, and a party climate that has become intolerable.
Beyond extremist circles, the report also points to antisemitism extending across segments of society, finding resonance in mainstream discourse where it is often disguised as legitimate criticism of Israel.
“This is shifting the boundaries of what society considers acceptable, normalizing antisemitic thinking while trivializing, legitimizing, and in some cases even glorifying violence against Jews,” the study says.
Earlier this month, the Hesse government introduced new legislation that would criminalize denying Israel’s right to exist, as authorities move to confront a surge in anti-Israel demonstrations and a growing tide of antisemitic rhetoric and attacks that have intensified pressure on Jewish communities across the country.
The proposed legislation would close what officials describe as a legal loophole by explicitly criminalizing the denial of Israel’s right to exist, with penalties of up to five years in prison or a fine, aligning it with existing provisions that punish Holocaust denial.
