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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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Jake Lang led a protest against Mamdani and Muslims. Then the Nazis showed up to protest him.

Far-right activist Jake Lang led a march last week protesting Mayor Zohran Mamdani’s presence at the 9/11 25th anniversary memorial ceremony. The protest attracted swastika-sporting men describing themselves as Nazis; they were there to counterprotest Lang, whose mother is Jewish.

Around 100 demonstrators attended Lang’s march, which happened blocks away from the ceremony held at Ground Zero. Lang described the march on X as a “Great CRUSADE on Muslim SCUM Zohran Mamdani.”

The “crusade” was laden with anti-Muslim messaging, including a poster reading “Deport All Muslims.” About 40 counter-protesters arrived to oppose Lang. While most were antiracist protesters, seven were neo-Nazis. One counter-protester got into a physical altercation with someone from Lang’s march.

Lang is best known for his role in the Jan. 6 insurrection. He spent four years in prison, facing assault charges for attacking a police officer with a baseball bat, before being pardoned by President Donald Trump. In August, Lang lost a campaign to secure a Republican congressional nomination in Florida.

Though Lang’s mother is Jewish, he identifies as Christian, and has brandished wooden crosses at his marches, some of which he called “Christian Crusades.” Lang has publicly renounced his Judaism and the state of Israel, burning a copy of the Talmud and performing a Heil Hitler salute outside the AIPAC headquarters in D.C.

Nevertheless, seven men wearing swastika armbands — and one clad in an Elmo suit draped with a Palestinian flag as a cape — stood near Lang’s march holding a sign reading, “Jake Lang is a Jew.”

The men performed Sieg Heil salutes and, in an unusual move for self-identifying Nazis, chanted “Free, free Palestine,” alongside the declaration, “We are the real racists.” They passed out flyers reading “no more wars for Jews” and ranted about American soldiers lost in battles they said were directed by Israel.

“I want them out of our government,” said one of the men, Gregory Conte, a former schoolteacher who was fired for his white-nationalist ties. “And not just Zionists — Jews.”

The swastika-clad men drew a bevy of critics, including one man who told them, “I agree Israel did 9/11, but you guys are Nazis, man, you guys brought them to Palestine.”

One person filming the protest asked Conte, “Do you hate Jewish people?” He replied: “I’ve never had one do a good thing for me.” Conte then asked whether the man behind the camera was Jewish and he said he was; Conte refused to speak to him further, stating that he does not talk to Jews.

Footage showed Conte on the subway, this time without his armband, talking about how “Jake Lang is trying to start a war.” Independent journalist Talia Jane asked him, “Want to show them your armband?” Conte declined to take it out.

The post Jake Lang led a protest against Mamdani and Muslims. Then the Nazis showed up to protest him. appeared first on The Forward.

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Why antisemites are shopping in the kosher aisle

“I had sex with a Jewish billionaire and made him tell me why nobody in their family is fat.”

This is the opening line of an eight-minute viral AI video hawking an oregano oil supplement, claiming it is the closely guarded Jewish secret to svelte physiques.

The animated video, which is entirely in song, features a Black woman — the narrator who has sex with the Jewish billionaire — who works for a wealthy Jewish family that includes both black-hatted Orthodox men and women wearing kippot, a practice unheard of in Orthodox circles.

The woman sings about her confusion over the family’s slim physiques despite the fact that they never exercise and eat big meals of brisket and “challah bread” (incorrectly pronounced with a hard “ch”). But when she begins a romance with the son, they reveal that they all take an oregano oil supplement that gets rid of the “parasites” that regular Americans get “from food, water — everywhere.” The woman begins to take the oil and gives it to her mother; both become magically healthy.

The ads seem like an outgrowth of the popularity of the term goyslop, the false conspiracy that Jews are feeding the masses heavily processed, nutritionally bankrupt foods in order to weaken non-Jews so they are easier to control. (Jews in this conspiratorial universe run the world, of course.) The implied flipside, it seems, is that Jews eat secret, incredibly healthy, strengthening sustenance, which remains hidden from everyone else.

Goyslop isn’t a new idea; in fact, the idea that Jews had a secret food that kept them healthier than everyone else is part of old Russian folklore. But the term found mass visibility thanks to the mainstreaming of scientifically dubious alternative health ideology popularized by Robert F. Kennedy Jr., and is particularly popular among naturopathic health influencers who are skeptical of pasteurization and Western medicine. (RFK has not himself used the term.)

Perhaps it shouldn’t be surprising, then, that some conspiratorial influencers are advising their followers to look for a few supposedly secret symbols in the grocery store that they believe prove the food is safer and higher quality: hechshers.

“If you look on the labels, you’ll see a ‘U’ in the corner, or sometimes it’ll say kosher,” said one influencer in a viral video of this ilk. “If the 🧃 are eating and drinking it, it’s a lot safer than the food that they’re giving us.” She also warns against eating pork and encourages her followers to shop in the kosher aisle. (The influencer bleeps out the word “Jews” in her video, and replaces it in the closed captions with a juicebox emoji, referencing a common code — “juice” — that antisemites often use to talk about Jews while avoiding censorship.)

“Goyslop is the poison that they feed us, goyim, we’re the cattle, we’re subhuman to these people,” said antisemitic influencer Ryan Matta, in another guide to the grocery store pointing out hechshers. “So if you’re not getting the bottles that are labeled with the K or the special label, then it’s not kosher. And if it’s not kosher, it’s poison.”

(Matta, who does not seem to understand any actual rules of kosher, spends much of the video trying to find a kosher version of his preferred pasta sauce flavor: Italian sausage.)

Resilia, the company hawking its supplements in the ad, has made numerous AI singing ads; many have received multiple millions of views. The ads aren’t always about Jews; one — confusingly for a product supposed to make you healthier — features a decrepit singing skeleton. Others namedrop different ethnic groups like Norwegians. Almost all of them involve cheating or illicit affairs, as is common in AI-generated videos posted across the internet, many of which feature soap operas starring families of fruit or sodas.

But more than one of the Resilia ads features Jews hiding health secrets. Another one, with 4.3 million views on YouTube, has nearly the same plot as the first, just gender-swapped — a male gardener has an affair with the wife of a Jewish billionaire who, after making him promise to keep it secret, tells him that Resilia’s garlic supplements are the key to the family’s heart health and lack of diabetes.

Goyslop has become a casual and ubiquitous meme — teenagers throw it around to refer to low-quality food like chips or hot dogs, but also bad movies and TV. They are often blaming corporations, not Jews, for feeding the masses swill. They’re also, almost always at least, joking.

Still, the underlying idea — that unhealthy food is somehow, nefariously, connected to Jews — persists through the language, even if the majority of jokesters don’t understand the reference.

Perhaps that’s how we got the Resilia ad about secret Jewish oregano oil supplements. It’s not clear if the company purposefully inserted Jewish content into some of their ads; the AI customer service bot on the company website denied any relationship to Judaism. Resilia is purported to have thousands of these AI singing ads, so the Jewish narrative may purely be a result of the algorithmic machine resurfacing the antisemitism it consumed in its training data.

In any case, however healthy the supplements Resilia sells might claim to be, the ad is its own form of slop — AI slop.

The post Why antisemites are shopping in the kosher aisle appeared first on The Forward.

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Israel’s culture minister called this documentary about IDF tactics ‘vile.’ It deserves to be seen.

VENICE — At its premiere here last week, towards the end of the 83th Venice International Film Festival, Naza, Yuval Abraham and Rachel Szor’s documentary about Israel’s killing of Palestinian civilians in Gaza, received a 25-minute-long standing ovation, a record at the festival. Two nights later, the film won the festival’s Special Jury Prize. By Sunday, Israel’s culture minister, Miki Zohar, was calling the film “vile,” describing it as treason and threatening to revoke its directors’ citizenship. Zohar invoked his reform of cinema funding, saying Israelis should no longer have to pay for work that harms the army and the state.

I left the press screening of Naza angry, depressed and utterly convinced of its importance. Its account of the procedures that govern the deaths of civilians is devastating precisely because so much of the testimony sounds like people describing an ordinary working day. The film will have its North American premiere at the New York Film Festival on Sept. 26. It deserves to be seen, and debated with considerably more patience than some of its detractors have displayed.

Yuval Abraham and Rachel Szor, directors of ‘Naza.’ Photo by David Levene

Venice has traditionally worn its politics more lightly than Berlin, where a filmmaker’s acceptance speech can cause an international incident. This year, however, festival director Alberto Barbera programmed a competition that invited controversy. Alongside Naza was Ilya Khrzhanovsky’s DAU, which drew Ukrainian objections over the production’s Russian connections (including to Sergei Adoniev, a businessman who has been sanctioned by Ukraine and the U.S.) In the run-up to the festival, Barbera defended DAU as a denunciation of totalitarianism. Both films are international productions by directors whose countries have become objects of international opprobrium. Both venture into their societies’ heart of darkness. Barbera deserves enormous credit for programming them both in the main section of the world’s oldest film festival despite the objections of many.

Berlin supplies a cautionary precedent. No Other Land, the Oscar-winning documentary Abraham and Szor made with Palestinians Basel Adra and Hamdan Ballal, premiered there in 2024, where it won the festival’s documentary prize. After Abraham and Adra gave speeches condemning Israel’s policy of apartheid in the West Bank, the German culture minister Claudia Roth, caught on camera applauding at the ceremony, clarified that her applause had been intended for the Israeli director. I shudder to imagine the official response Naza might have elicited there. Venice at least offered an opportunity to discuss what was on screen.

The film, which presents testimonies from 24 serving and former military personnel, grew out of years of investigative reporting. Produced by the British newspaper the Guardian and JW Films, in collaboration with the Israeli-Palestinian magazine +972 and its news website Local Call, it builds on Abraham’s investigations into Israeli intelligence and his work with Guardian journalist Harry Davies. Revelations about targeting systems had appeared in print while filming was underway and were subsequently reported on by both The New York Times and Washington Post. All this means that the disclosures made in Naza are not brand new. However, the stark, focused and lean approach that Abraham and Szor take in the documentary ensure that the information hits home with chilling force.

The film’s unusual title is the Hebrew term for collateral damage — specifically, the anticipated civilian toll of a military strike in Gaza. Speaking to Abraham from a series of Tel Aviv rooftops at night, the interviewees, whose appearances and voices are digitally disguised, explain with patient detachment how targets in Gaza are identified and eliminated. One of the tools used to identify suspected militants is an AI system called Lavender. The frightening efficiency of such technology is discussed alongside the human decisions that determine what constitutes an acceptable loss.

One of the most disturbing claims has prompted a specific military rebuttal. An interviewee says a strike was once approved with 500 civilian deaths anticipated; he does not know how many were actually killed. The IDF claims it has never planned, approved or conducted a strike expecting anything near that toll, and challenges the filmmakers’ ability to verify the account. It also maintains that humans authorize strikes and questions the witnesses’ competence to discuss broader strategy.

The film’s restraint gives incendiary testimony such as this time to register. For the majority of the film, we only glimpse the interviewees’ faces in silhouette and watch as they crudely draw diagrams to explain the logistics of a military strike, say, on a crowded building. Every so often the camera wanders off the roof, peering into the illuminated homes and high-rise office buildings of Tel Aviv at night. The point is precisely to convey an unsettling sense of normalcy.

I was particularly struck by the absence of the racist invective I had half expected. Some interviewees describe themselves as educated, liberal people. Their accounts nevertheless reveal a callous disregard for civilian causalities. One recalls the pleasure of a job well done. “It’s so much fun,” he says of reaching his targets and we hear in his voice how the remote killings he takes part in gives him an indescribable rush. After a pause, he tells Abraham that as someone raised in the Israeli context, someone who had got to visit the death camps in Poland, he always considered and asked himself how they could do what they did. “For me the Nazis are evil,” he says. “So what does that make me?” It is perhaps the film’s most damning exchange.

One of Naza’s strength as a documentary is that it does not demand agreement that Israel is committing war crimes, including genocide, before its investigation begins. That gives it a chance to reach people who have defended Israel and remain capable of reconsidering their position.

Some of the most vociferous criticism of Naza has not come from IDF spokesmen or other Israeli officials. Almost immediately after the premiere, footage from the film’s lengthy ovation (where Abraham and Szor stand looking intensely uncomfortable and withdrawn) went viral, with numerous commentators on X and other platforms making ugly accusations against the filmmakers, including for granting anonymity to the whistleblowers who feature in the film.

“A viscerally nauseating spectacle. Imagine SS officers, shielded and protected by anonymity, getting a 25-minute standing ovation for recounting their tortures and murders. Criminal perpetrators should only be heard at their trials not at gala celebrations,” read one tweet that has been viewed close to 150,000 times. Though the language of that post is particularly incendiary, the sentiment it expresses is surprisingly widespread on social media.

Confidentiality was a condition of obtaining these accounts, a standard journalistic arrangement that confers no clemency. At the press conference, Abraham described that his sources were motivated variously by remorse and professional pride. He affirmed that his goal was to keep the victims of Gaza at the film’s center — and not to congratulate its witnesses.

The tenor of this debate recalls Nadav Lapid’s withdrawal from the Marseille film festival in June after boycott calls. His Yes, an infernal satire of post-Oct. 7 society, is a ferocious attack on Israeli complacency. It would take considerable ingenuity or imagination to claim that either it or Naza is an apology for Israel.

Accepting his award in Venice, Abraham said that he made Naza because “the denial of a crime is what helps it persist.” He later pledged to distribute the film as widely as possible in Israel. The interviewees, he explained, “spoke in Hebrew because they wanted to reach out to the Israeli public.” Not surprisingly, the film, sight unseen, has already been widely condemned within Israel. Former defense minister and opposition politician Avigdor Lieberman called the directors “haters of Israel” and accused them of turning Oct. 7 into a blood libel. Such accusations should make the necessity to reach Israeli viewers even more urgent.

Days after the film’s victory in Venice, Haaretz ran an editorial with the blunt headline, “Israelis Must Finally Confront What Israel Has Done in Gaza.” After years of trying to “air dirty laundry at home” with limited success, Abraham and Szor now had found in the Venice Film Festival a major platform where the conclusions of their investigations were impossible to ignore. The editorial’s key sentence is also its shortest: “Israel’s problem is not public relations, but reality.”

Naza only leaves the rooftops of Tel Aviv for two brief occasions. In the first of these, we see archival footage of a young Benjamin Netanyahu promoting his 1995 book Fighting Terrorism: How Democracies Can Defeat Domestic and International Terrorism, In the clip, a much-younger Netanyahu defines terrorism as a policy of deliberately killing and maiming civilians to advance political goals. Bibi’s words hang uncomfortably over the rest of the film, inviting and daring viewers to draw their own conclusions.

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