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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. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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Cuba Defiant After Trump Says Island to Receive No More Venezuelan Oil or Money

A view shows part of Havana as U.S.-Cuba tensions rise after U.S. President Donald Trump vowed to stop Venezuelan oil and money from reaching Cuba and suggested the communist-run island to strike a deal with Washington, in Havana, Cuba, January 11, 2026. REUTERS/Norlys Perez

US President Donald Trump on Sunday said no more Venezuelan oil or money will go to Cuba and suggested the Communist-run island should strike a deal with Washington, ramping up pressure on the long-time US nemesis and provoking defiant words from the island’s leadership.

Venezuela is Cuba’s biggest oil supplier, but no cargoes have departed from Venezuelan ports to the Caribbean country since the capture of Venezuelan President Nicolas Maduro by US forces in early January amid a strict US oil blockade on the OPEC country, shipping data shows.

Meanwhile, Caracas and Washington are progressing on a $2 billion deal to supply up to 50 million barrels of Venezuelan oil to the US with proceeds to be deposited in US Treasury-supervised accounts, a major test of the emerging relationship between Trump and interim President Delcy Rodriguez.

“THERE WILL BE NO MORE OIL OR MONEY GOING TO CUBA – ZERO! I strongly suggest they make a deal, BEFORE IT IS TOO LATE,” Trump wrote on his Truth Social platform on Sunday.

“Cuba lived, for many years, on large amounts of OIL and MONEY from Venezuela,” Trump added.

Cuban President Miguel Diaz-Canel rejected Trump’s threat on social media, suggesting the US had no moral authority to force a deal on Cuba.

“Cuba is a free, independent, and sovereign nation. Nobody dictates what we do,” Diaz-Canel said on X. “Cuba does not attack; it has been attacked by the US for 66 years, and it does not threaten; it prepares, ready to defend the homeland to the last drop of blood.”

The US president did not elaborate on his suggested deal.

But Trump’s push on Cuba represents the latest escalation in his move to bring regional powers in line with the United States and underscores the seriousness of the administration’s ambition to dominate the Western Hemisphere.

Trump’s top officials, including Secretary of State Marco Rubio, have made no secret of their expectation that the recent US intervention in Venezuela could push Cuba over the edge.

US officials have hardened their rhetoric against Cuba in recent weeks, though the two countries have been at odds since former leader Fidel Castro’s 1959 revolution.

CUBA DEFENDS IMPORT RIGHTS

Cuban Foreign Minister Bruno Rodriguez said in another post on X on Sunday that Cuba had the right to import fuel from any suppliers willing to export it. He also denied that Cuba had received financial or other “material” compensation in return for security services provided to any country.

Thirty-two members of Cuba’s armed forces and intelligence services were killed during the US raid on Venezuela. Cuba said those killed were responsible for “security and defense” but did not provide details on the arrangement between the two long-time allies.

Cuba relies on imported crude and fuel mainly provided by Venezuela, and Mexico in smaller volumes, purchased on the open market to keep its power generators and vehicles running.

As its operational refining capacity dwindled in recent years, Venezuela’s supply of crude and fuel to Cuba has fallen. But the South American country is still the largest provider with some 26,500 barrels per day exported last year, according to ship tracking data and internal documents of state-run PDVSA, which covered roughly 50 percent of Cuba’s oil deficit.

Havana produce vendor Alberto Jimenez, 45, said Cuba would not back down in the face of Trump’s threat.

“That doesn’t scare me. Not at all. The Cuban people are prepared for anything,” Jimenez said.

It’s hard for many Cubans to imagine a situation much worse. The island’s government has been struggling to keep the lights on. A majority live without electricity for much of the day, and even the capital Havana has seen its economy crippled by hours-long rolling blackouts.

Shortages of food, fuel and medicine have put Cubans on edge and have prompted a record-breaking exodus, primarily to the United States, in the past five years.

MEXICO BECOMES KEY SUPPLIER

Mexico has emerged in recent weeks as a critical alternative oil supplier to the island, but the supply remains small, according to the shipping data.

Mexican President Claudia Sheinbaum last week said her country had not increased supply volumes, but given recent political events in Venezuela, Mexico had turned into an “important supplier” of crude to Cuba.

US intelligence has painted a grim picture of Cuba’s economic and political situation, but its assessments offer no clear support for Trump’s prediction that the island is “ready to fall,” Reuters reported on Saturday, citing three people familiar with the confidential assessments.

The CIA’s view is that key sectors of the Cuban economy, such as agriculture and tourism, are severely strained by frequent blackouts, trade sanctions and other problems. The potential loss of oil imports and other support from Venezuela could make governing more difficult for Diaz-Canel.

Havana resident and parking attendant Maria Elena Sabina, a 58-year-old born shortly after Castro took power, said it was time for Cuba’s leaders to make changes amid so much suffering.

“There’s no electricity here, no gas, not even liquefied gas. There’s nothing here,” Sabina said. “So yes, a change is needed, a change is needed, and quickly.”

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NATO Should Launch Operation to Boost Security in Arctic, Belgian Minister says

Belgian Defence Minister Theo Francken speaks to journalists as he arrives to an informal meeting of European Union defence ministers in Copenhagen, Denmark, August 29, 2025. Photo: REUTERS/Tom Little

NATO should launch an operation in the Arctic to address US security concerns, Belgium’s defense minister told Reuters on Sunday, urging transatlantic unity amid growing European unease about US President Donald Trump’s push to take control of Greenland.

“We have to collaborate, work together and show strength and unity,” Theo Francken said in a phone interview, adding that there is a need for “a NATO operation in the high north.”

Trump said on Friday that the US needs to own Greenland to prevent Russia or China from occupying it in the future.

European officials have been discussing ways to ease US concerns about security around Greenland, an autonomous territory of the Kingdom of Denmark.

Francken suggested NATO’s Baltic Sentry and Eastern Sentry operations, which combine forces from different countries with drones, sensors and other technology to monitor land and sea, as possible models for an “Arctic Sentry.”

He acknowledged Greenland‘s strategic importance but said “I think that we need to sort this out like friends and allies, like we always do.”

A NATO spokesperson said on Friday that alliance chief Mark Rutte spoke with US Secretary of State Marco Rubio about the importance of the Arctic for shared security and how NATO is working to enhance its capabilities in the high north.

Denmark and Greenland‘s leaders have said that the Arctic island could not be annexed and international security did not justify such a move.

The US already has a military presence on the island under a 1951 agreement.

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IDF Strikes Hezbollah Weapons Sites in Lebanon After Army Denied Its Existence

Israeli strikes targeting Hezbollah’s terror infrastructure. Photo: Via i23, Photo from social media used in accordance with Clause 27a of the Copyright Law.

i24 NewsThe Israel Defense Forces carried out airstrikes on a site in southern Lebanon that the Lebanese Army had previously declared free of Hezbollah activity, Israeli officials said on Sunday, citing fresh intelligence that contradicted Beirut’s assessment.

According to Israeli sources, the targeted location in the Kfar Hatta area contained significant Hezbollah weapons infrastructure, despite earlier inspections by the Lebanese Armed Forces (LAF) that concluded no military installations were present.

Lebanese officials had conveyed those findings to international monitoring mechanisms, and similar claims were reported in the Lebanese newspaper Al-Akhbar.

Israeli intelligence assessments, however, determined that Hezbollah continued to operate from the site.

During a second wave of strikes carried out Sunday, the IDF attacked and destroyed the location.

Video footage released afterward showed secondary explosions, which Israeli officials said were consistent with stored weapons or munitions at the site.

The IDF stated that the strike was conducted in response to what it described as Hezbollah’s ongoing violations of ceasefire understandings between Israel and Lebanon. Military officials said the targeted structure included underground facilities used for weapons storage.

According to the IDF, the same site had been struck roughly a week earlier after Israel alerted the Lebanese Army to what it described as active terrorist infrastructure in the area. While the LAF conducted an inspection following the warning, Israeli officials said the weapons facilities were not fully dismantled, prompting Sunday’s follow-up strike.

The IDF said it took measures ahead of the attack to reduce the risk to civilians, including issuing advance warnings to residents in the surrounding area.

“Hezbollah’s activity at these sites constitutes a clear violation of the understandings between Israel and Lebanon and poses a direct threat to the State of Israel,” the military said in a statement.

Israeli officials emphasized that operations against Hezbollah infrastructure would continue as long as such threats persist, underscoring that Israel retains the right to act independently based on its own intelligence assessments.

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