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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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Was Khamenei Hit? Satellite Images Show Heavy Damage at His Compound
Iran’s Supreme Leader Ayatollah Ali Khamenei speaks in a televised message, after the ceasefire between Iran and Israel, in Tehran, Iran, June 26, 2025. Photo: Office of the Iranian Supreme Leader/WANA (West Asia News Agency)/Handout via REUTERS
i24 News – Satellite images published Saturday by The New York Times show heavy damage at the Tehran residence of Iran’s Supreme Leader Ali Khamenei, with plumes of black smoke and multiple buildings destroyed or partially collapsed.
The images, captured by Airbus satellites, indicate that facilities used to host senior Iranian officials were among the structures hit.
Israeli sources said the strikes were carried out as part of Operation “Roaring Lion,” targeting senior commanders of the Islamic Revolutionary Guard Corps.
Among those named was General Mohammad Pakpour, the current commander of the Guard forces, who assumed the role after his predecessor Hossein Salami was killed in an earlier operation. The sources added that Ali Shamkhani, secretary of Iran’s Supreme National Security Council, and former council secretary Ali Larijani were also potential targets.
In light of the scale of the destruction, Israeli officials are assessing multiple scenarios, including the possibility that Khamenei himself may have been at risk during the strikes. Iranian authorities have so far denied that Khamenei, the president, or other senior officials were injured.
Preliminary assessments suggest the strikes may have significantly disrupted the Revolutionary Guard’s strategic command capabilities, delivering a direct blow to its senior leadership structure. Officials in Israel and the United States are continuing to monitor developments closely as they await confirmation on the status of the Iranian figures believed to have been targeted.
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US Strikes on Iran Spark Travel Chaos as Airlines Cancel Flights
An Iranian flag flutters, as Israel and the US launched strikes on Iran, in Tehran, Iran, February 28, 2026. Photo: Majid Asgaripour/WANA (West Asia News Agency) via REUTERS
Airlines suspended flights across the Middle East on Saturday, including to and from the world’s busiest travel hub Dubai, after the US and Israel launched strikes on Iran.
Flight maps showed airspace over Iran, Iraq, Kuwait, Israel and Bahrain virtually empty after the strikes began, and Iran retaliated with missiles. Blasts were reported in Qatar, home to the biggest US military base in the region, as well as in Abu Dhabi and Dubai, key east-west transit hubs.
“You have crews, planes and passengers stranded all over the world. It’s a massive logistical nightmare,” a Gulf airline source said.
Dubai Airports suspended all flights at Dubai International and at Al Maktoum International until further notice, urging passengers not to travel. Emirates and flydubai temporarily halted operations, while Etihad suspended all departures from Abu Dhabi until 1000 GMT on Sunday.
PASSENGERS STRANDED ACROSS EUROPE
Students traveling from Paris to Dubai said their college trip was abandoned. “We still have some students that went there earlier and they’re stuck in Dubai and we don’t know when they’ll be able to come back,” said Benjamin Gnatek.
At Charles de Gaulle airport, Thai-bound traveler Roman Simon said his onward flight via Doha was cancelled. “Now, we’re trying to find a solution to still make our trip to Thailand,” he told Reuters.
At Doha’s Hamad International Airport, gates were nearly empty as stranded passengers queued to make hotel arrangements, a Reuters witness said.
As countries in the region closed their airspace, aircraft were forced to divert around Larnaca, Jeddah, Cairo and Riyadh. Flightradar24 briefly went down due to surging demand.
AIRSPACE COULD BE CLOSED FOR ‘SOME TIME’
The escalation dimmed hopes for progress on Tehran’s nuclear dispute with the West and reignited conflict after weeks of U.S. military buildup. Middle Eastern airports, among the world’s busiest transit hubs, warned of prolonged disruption.
“Passengers and airlines can expect airspace to be shut for quite some time,” said Eric Schouten, head of aviation security advisory Dyami.
Airlines canceled on Saturday about half of their flights to Qatar and Israel and about 28 percent of their flights to Kuwait, after the United States and Israel launched strikes on Iran, according to preliminary Cirium data.
That number seems likely to rise. In total, about 24% of flights to the Middle East were cancelled, the data showed.
The region has become more important for global aviation since the Russia-Ukraine war forced airlines to avoid both countries’ airspace.
Conflict zones add to operational risks, raising fears of accidental shoot‑downs and lengthening routes, which increases fuel costs.
BRITISH AIRWAYS, LUFTHANSA, CATHAY SUSPEND FLIGHTS
The European Union’s aviation regulator EASA on Saturday recommended its airlines stay out of the airspace affected by the ongoing military intervention.
British Airways, owned by IAG, said it had canceled flights to Tel Aviv and Bahrain until March 3, as well as Saturday’s flights to Amman.
The Russian Ministry of Transport said on Saturday that Russian air carriers had suspended flights to Iran and Israel.
Germany’s Lufthansa said it was suspending flights to and from Dubai on Saturday and Sunday and halting the Tel Aviv, Beirut and Oman routes until March 7.
Air France and Iberia also cancelled flights to Tel Aviv and Beirut, while Wizz Air suspended flights to Israel, Dubai, Abu Dhabi and Amman.
India put carriers on alert as Air India and IndiGo suspended services.
Hong Kong’s Cathay Pacific Airways suspended operations in the region, affecting passenger flights to and from Dubai and Riyadh, as well as freighter services operating through Al Maktoum airport in Dubai.
REGIONAL CARRIERS AFFECTED
Qatar Airways and Kuwait Airways temporarily suspended flights, while Turkish Airlines also cancelled flights to several Middle Eastern destinations.
Kuwait’s aviation authority said it was halting all flights to Iran until further notice, according to the state news agency, while Oman Air said it had suspended all flights to Baghdad due to the regional developments.
KLM, the Dutch arm of Air France-KLM, has brought forward the suspension of its Amsterdam–Tel Aviv service, cancelling the flight scheduled for Saturday after strikes in Iran, a spokesperson said.
The airline had announced on Wednesday that flights would be halted from Sunday, March 1. Only one flight to Tel Aviv had been scheduled for Saturday.
Virgin Atlantic said it had decided to temporarily avoid Iraqi airspace, resulting in some re-routing of its flights.
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US-Israeli Attack Triggers Fear and Panic in Iran
Buildings stand, after Israel and the US launched strikes on Iran, in Tehran, Iran, February 28, 2026. Photo: Majid Asgaripour/WANA (West Asia News Agency) via REUTERS
Iranians fled cities in search of safety, and long queues formed at fuel stations as an attack on Iran by the United States and Israel spread fear and panic throughout the country.
When the strikes began on Saturday morning, explosions rocked Tehran and columns of smoke rose into the sky, shaking the city at the start of the Iranian working week.
Residents reached by phone described scenes of chaos and alarm as they rushed to collect their children from school or made preparations to leave home for now.
“We are going to our hometown in Yazd, Tehran is not safe anymore. They said roads are safe, but I am worried,” said Gholamreza, a Tehran shopkeeper and father of two. “I am leaving everything behind in Tehran.”
It marks the latest upheaval for Iranians weeks after thousands of people were killed in a government crackdown on nationwide unrest, and comes just eight months after last year’s 12-day war with Israel, during which the United States bombed Iranian nuclear sites.
Iran’s top security body said it expected attacks to continue on Tehran and some other cities, and urged people to “travel to other cities where possible so that you may remain safe from the harm of these two regimes’ acts of aggression.” Schools and universities would be closed until further notice.
“We are scared, we are terrified. My children are shaking, we have nowhere to go, we will die here,” said Minou, a 32-year-old mother of two from the northern city of Tabriz, one of many areas where explosions were reported.
“What is going to happen to my children?” she said, crying as she spoke by phone.
US President Donald Trump said the operation would end a security threat to the United States and offer Iranians a chance to topple their rulers. The Pentagon said that US strikes against Iran were named “OPERATION EPIC FURY.”
An Iranian from the central city of Yazd said he hoped the attack would topple the clerical establishment that has run the country since the 1979 Islamic Revolution. “Let them bomb,” the resident of Yazd said.
Samira Mohebbi, speaking from the northern city of Rasht, disagreed.
“I am against this regime, to hell with them. But I don’t want my country to be attacked by foreign forces, I don’t want my Iran to turn into Iraq,” she said, referring to the neighboring country that suffered years of chaos and bloodshed following the U.S.-led invasion that toppled Saddam Hussein.
‘THEY FOOLED US AGAIN’
Security forces blocked roads in the area of Tehran that is home to the offices of Supreme Leader Ayatollah Ali Khamenei, President Masoud Pezeshkian and parliament, witnesses said.
The latest round of negotiations between the United States and Iran in Geneva on Thursday failed to secure a breakthrough over Tehran’s nuclear programme, though Omani mediators reported progress.
“They said the nuclear talks are going well. They fooled us again,” said a resident of Tehran.
Zohreh, 28, said she would leave the port city of Bushehr with her three-year-old daughter and go to her parents’ home in a village in northern Iran.
“Why are we paying this price? I want my daughter to grow up safe and in peace,” she said.
Western governments have long suspected Iran aims to build a nuclear bomb. Tehran has always denied this.
Witnesses said people were rushing to buy hard currency.
In Isfahan, another area where attacks were reported, some said they were unable to withdraw cash from ATMs.
Reza Saadati, 45, said he was taking his family to the city of Urumieh near the Turkish border. “If the border is open, we will cross and then fly to Istanbul,” he said.
Mohammad Esmaili, 63, speaking from the town of Ilam, some 500 km (300 miles) from Tehran, said he would leave the town with his family. “God knows what will happen to us. Pray for us,” he said.
“People are shocked, scared. What is going to happen to us? Save us please,” said a woman from Tehran.
