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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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A new Hebrew press in Berlin argues that Israel doesn’t own the language

(JTA) — Dory Manor and Moshe Sakal, who run a press for Hebrew literature in Berlin, are often asked if their business is Israeli.

The partners in life and publishing come from Israel, though they have lived in Berlin and Paris for the better part of two decades. But they say their publishing house, Altneuland, is neither Israeli nor European. Instead, they sought to create a home for Hebrew literature from around the world — open to Israeli writers, but free from Israeli state funding.

Altneuland is the first non-religious Hebrew publishing house to set up outside of Israel since the state was established. Manor and Sakal founded the press in 2024, and this fall, Altneuland will launch in the United States.

“I believe that the Hebrew language is not only a national language,” said Manor, the editor-in-chief. “Hebrew has always been a global language, and even modern Hebrew has been an international language — mostly European, but not only — before the creation of the State of Israel.”

Manor and Sakal have expanded their mission from Hebrew literature to publishing Jewish authors across languages, including German, French, Russian and Yiddish. The U.S. launch will include an original English-language book by Ruth Margalit, along with English translations of Hebrew novels by Noa Yedlin and Itamar Orlev.

Altneuland is also the German publisher of “The Future is Peace,” a New York Times bestseller by Israeli Maoz Inon, whose kibbutznik parents were killed on Oct. 7, 2023, and Palestinian Aziz Abu Sarah, whose brother died in 1990 after being tortured in an Israeli prison.

In a time when thousands of authors and publishers globally have pledged to boycott Israeli institutions over what they identify as a genocide perpetrated by Israel in Gaza, Manor and Sakal say that Altneuland is not a boycott. They work with writers who live in Israel and sell to Israeli bookstores. Establishing a Berlin-based publishing house made them ineligible for Israeli public funding so they could avoid the fraught question of accepting support from the government.

Sakal, the publisher, acknowledged that Israel was a center for Hebrew and Jewish literature, but said it doesn’t have to be the only center. “We are not replacing it,” he said. “We are doing something else.”

Altneuland allows the founders to work with Israelis while staying apart from the Israeli Ministry of Culture, which provides funding for Israel’s publishing industry, largely through literary awards.

In January, the ministry canceled its annual culture prizes. Culture Minister Miki Zohar, a member of Prime Minister Benjamin Netanyahu’s right-wing Likud party, cited the political bent of the prizes and said their cancellation was owed to the organizers “clearly ignoring artists whose opinions are held by most of the country.” The cuts came shortly after Zohar launched an alternative state film award ceremony, cutting funds to the Ophir Awards — Israel’s equivalent of the Oscars — after it awarded best film to “The Sea,” about a Palestinian boy in the West Bank who attempts to go to Tel Aviv and see the sea.

Israel’s literary world, which pays poorly and lacks broad recognition, depends heavily on state-sponsored prizes.

“This government is, for me, an enemy of Israel and not Israel itself,” said Manor. “So no, I’m not boycotting anyone, but I don’t want to deal with the current Israeli government. I do want to deal with Israeli readers, with Israeli writers.”

Those writers share many of Manor and Sakal’s political views. The founders’ goal is to make Altneuland a home for Jewish authors with a liberal outlook — especially those who feel pressured by rising nationalism, whether in Israel or elsewhere.

Margalit, a Tel Aviv-based journalist, will publish a collection of her political and cultural profiles in Israel through a collaboration between Altneuland and Pushkin Press. Her book, “In the Belly of the Whale: Portraits from a Fractured Israel,” is coming out in September.

Margalit said she was drawn to Manor and Sakal’s “humanist spirit,” along with their ability to publish the book simultaneously in English, Hebrew and German.

“At a time when so many people are quick to jump to labels or cancellations, it was bracing to find thoughtful partners who were similarly aggrieved about the political situation as I was,” she said.

Arad’s Hebrew novel, “Our Lady of Kazan,” will be published in German by Altneuland as “Kinderwunsch” in July. Arad, an Israeli-born writer, has lived in California for over 20 years and authored 12 books of Hebrew fiction. One Haaretz reviewer summed her up as “the finest living author writing in Hebrew” who was “in exile in the U.S.”

Arad’s books, often featured on bestseller lists in Israel, tend to deal with Israelis living abroad. The theme fits into the global perspective of Altneuland, targeting readers who are curious about crossing national boundaries.

“I’ve been thrilled to see that Israeli readers are willing — even eager — to read stories about Israeli expatriates,” said Arad. “The experience of living outside Israel, whether temporarily for work or study or on a more permanent basis, has become a central theme in Hebrew literature.”

Altneuland takes its tongue-in-cheek name from Theodor Herzl’s 1902 novel, literally meaning “old new land.” The founder of political Zionism envisioned a utopic, multicultural Jewish state where Jews and Arabs lived peacefully together.

“When we finally decided to call our press Altneuland, it was because our Alteuland, an ‘old new land,’ is a land without territories. It is the Hebrew language,” said Manor.

Berlin is a thriving hub for up to 30,000 Israeli expatriates. Among them is a growing community of writers and intellectuals, including some who left Israel out of frustration and anger at their government.

Manor and Sakal see another reason for making Berlin their home base. They view Altneuland as a continuation of Schocken Verlag, a Jewish publishing house in Berlin that improbably persisted through the 1930s. Schocken Verlag was a cultural lifeline for Jews under Hitler’s regime, publishing books by Franz Kafka, Heinrich Heine, Rabbi Leo Baeck and Shmuel Yosef Agnon, a founding father of modern Hebrew literature.

In 1939, the publishing house was finally forced to shutter and moved to British Mandate Palestine. The reestablished Schocken Books lives on today as part of Penguin Random House. But Manor and Sakal said their project aligns with the original Schocken Verlag — the one destroyed by Nazism.

“What we find in both models is the possibility of a Jewish cultural space that is cosmopolitan, multilingual, humanist, non-national, and not dependent on a single territory,” said Sakal.

Altneuland has faced skepticism, particularly from Israel. Publisher and editor Oded Carmeli said in Haaretz, “The truth is that there aren’t enough Hebrew readers outside of Israel to support a publishing house – not even a bookstore, not even a shelf in a bookstore – and even if there were enough readers, no store in Berlin or Madrid would maintain such a shelf, for fear of repercussions.”

The Altneuland duo said their risky proposition is working out so far. Most of their Hebrew readers remain in Israel, where they are printing books in the thousands and going into second printings on select titles. But they are also cultivating a readership in Germany, where they print smaller special runs of Hebrew-language editions.

Naomi Firestone-Teeter, the CEO of the Jewish Book Council, said that Altneuland has emerged as pressure mounts on Jewish authors from the right and the left through “book bans, boycotts and cancellations.” (The council itself was recently criticized by dozens of Jewish authors for a “bias toward centering Israeli and Zionist voices.”)

“In this moment, we see their effort to build another home for Hebrew literature and Israeli voices as a meaningful contribution to the Jewish literary landscape,” said Firestone-Teeter.

Altneuland’s books in German and English are the fruit of collaborations with Pushkin Press and New Vessel Press. Manor said they were “positively surprised” when they began talks about working with publishers in Europe and North America. Those conversations began in the immediate aftermath of Oct. 7, and continued against the backdrop of a rising international chorus that has accused Israel of committing genocide in Gaza. So far, no one has boycotted them.

“Usually we had interesting talks, very open talks with people who understood, in most cases, the nuances between our being a Hebrew publishing house and Israel as a state, Israel as a regime,” said Manor. “This is something that we could not predict when we created Altneuland.”

The post A new Hebrew press in Berlin argues that Israel doesn’t own the language appeared first on The Forward.

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Jewish library and Chabad near Buenos Aires attacked, Argentine Jewish advocates say

(JTA) — Counterterrorism officials in Buenos Aires are investigating after a Jewish library and a Chabad center in a suburb in the Argentine capital were attacked last week.

On Thursday night, a Molotov cocktail was thrown at the Israeli Literary Center and Max Nordau Library in La Plata, according to a statement published Friday by the center’s board of directors. Multiple individuals “threw a blunt object filled with fuel at the front of the library, breaking windows and causing material damage,” the board said, noting that the device did not ignite and no one was injured.

The library, a secular educational center founded in 1912 that promotes Argentine Jewish culture, said it is reinforcing security measures in light of the attack.

On Sunday, the Chabad of La Plata was also attacked, according to DAIA, the Argentine Jewish community group, which condemned both attacks. DAIA, which first reported the Chabad attack, did not describe the nature of the attack beyond reporting no injuries.

“We are deeply concerned about the recurrence and the short timeframe of these incidents,” DAIA said in a statement.

The Ministry of Security of the Province of Buenos Aires and the Complex Crimes and Counterterrorism Unit of the Buenos Aires Provincial Police are investigating both attacks.

La Plata’s Jewish population numbers about 2,000, and its Chabad center has existed for more than 25 years. Argentina as a whole is home to the sixth-largest Jewish community in the world and the largest in Latin America, mostly centered in Buenos Aires.

“These acts of violence threaten democratic coexistence and the values of respect and pluralism that we defend our neighbors,” La Plata Mayor Julio Alak said. “We will not allow hatred and intolerance to have a place in our city.”

Argentina is the site of some of the deadliest attacks on Jewish institutions in modern history. A 1992 bombing of the Israeli Embassy in Buenos Aires killed 29 people, while a 1994 attack on the AMIA Jewish community center left more than 80 people dead. Argentina’s president, Javier Milei, a pro-Israel and philosemitic economist, has advanced efforts to hold Hezbollah and Iran responsible for their alleged role in the attacks after years of foot-dragging by prior leaders.

The incidents in La Plata come as Jewish institutions around the world are on high alert amid a string of attacks since the start of the U.S.-Israel war on Iran in February. Several synagogues and Israeli outposts in Europe have faced arson attacks that a group seen as tied to Iran have claimed responsibility for staging. No one has been injured in those attacks.

Argentina has also faced homegrown antisemitism scandals. In September, a video of a group of Buenos Aires high school students on a graduation trip chanting “Today we burn Jews” went viral, earning condemnation from Jewish community advocates and even Milei himself. The group, from the private school Escuela Humanos, was traveling with Escuela ORT, a Jewish school.

Following the attacks in La Plata, comments on a local news outlet’s Instagram post about the attack on the local Chabad Sunday were filled with antisemitic tropes, including blood libel and false flag theories. Antisemitism watchdogs say false flag allegations, holding that an operation is staged to look like an attack in order to garner sympathy for the victim or attribute blame to another party, have flourished in recent years against Jews and Israel.

The post Jewish library and Chabad near Buenos Aires attacked, Argentine Jewish advocates say appeared first on The Forward.

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Cornell’s Jewish president clashes with students following on-campus debate about Israel

(JTA) — Cornell University President Michael Kotlikoff and student protesters are trading accusations after an incident in which protesters surrounded the president’s car following an on-campus debate about Israel.

The protesters, from a group called Students for a Democratic Cornell, released a video appearing to show that President Michael Kotlikoff had backed up into one of them while a protester shouts that the car ran over his foot.

In response, Cornell released its own video depicting what it said was a “harassment and intimidation incident,” its enhanced version of which it said offered “complete footage of the parking lot interactions, instead of clips to support a narrative.” That video shows students surrounding the president’s car as he tries to exit his parking space. After he eventually departs, the students continue to mill around with no obvious indication of injury to any of them.

In a statement of his own, Kotlikoff said that despite being surrounded by protesters who banged on his car windows, he waited until his backup camera showed a clear path before maneuvering out of the spot.

“The behavior I experienced last night is not protest,” Kotlikoff said in his statement, released Friday night. “It is harassment and intimidation, with the direct motive of silencing speech. It has no place in an academic community, no place in a democracy, and can have no place at Cornell.”

In an Instagram post, the protesters rejected Kotlikoff’s claims that they banged on his car and that they had previous records of misconduct on campus. They also reiterated their allegation that he had struck them.

The incident marks a relatively rare example of a clash between a university and pro-Palestinian student protesters two years after the student encampment movement roiled campuses across the United States, including at Cornell. The Ivy League university, like many others, enacted new rules designed to constrain protests that have kept demonstrations at bay amid pressure from the Trump administration to curb what it said was antisemitism among protesters. In November, Cornell agreed to pay $60 million to resolve federal antisemitism allegations.

Kotlikoff became Cornell’s president in early 2025, saying at the time that he was “very comfortable with where Cornell is currently” following “two relatively peaceful semesters” in which there were only isolated incidents that violated university rules around protest. He soon rejected pro-Palestinian students’ demands to cut ties with the Technion university in Israel. But he also urged the campus to foster academic debate around the Israeli-Palestinian conflict.

The event that preceded his clash with students on Thursday represented a striking example of such debate. Sponsored by an ideologically diverse array of groups, including the pro-Israel advocacy groups StandWithUs and the Zionist Organization of America as well as the campus chapter of Students for Justice in Palestine, which has previously been suspended for violating university rules, the event was the second in a two-part “Israel-Palestine Debate Series.”

The series was organized by the Cornell Political Union according to a format its website says it has long maintained. The format features a lecture by a speaker followed by formal responses from students and an audience debate.

In the first event, held earlier in April, the Israeli historian Benny Morris lectured on the topic “The American-Israeli Alliance Serves America’s Interests.” Morris is a liberal Zionist critic of the Israeli government whose work has included foundational research on the founding of the state arguing that many Arabs were expelled, rather than fled, during the 1948 war.

The second, on Thursday, featured the pro-Palestinian Holocaust historian Norman Finkelstein, who lectured on the topic “Israel Was Not Justified in Its Response to October 7th.” Finkelstein, who has criticized Morris for showing a pro-Israel bias, has compared the plight of the Palestinians to that of Jews during the Holocaust, and Students for Justice in Palestine posted a picture of its members posing with him on Thursday.

Kotlikoff offered introductory remarks at the event, which promoted a no-technology policy designed “out of respect to student[s] who will be given the opportunity to speak openly on a divisive topic.”

The post Cornell’s Jewish president clashes with students following on-campus debate about Israel appeared first on The Forward.

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