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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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Contributor to Drop Site News Says Israelis Should ‘Be Removed From Our Planet’
Abubaker Abed reporting from Gaza. Photo: Screenshot
Abubaker Abed, a self-described Palestinian journalist and contributor to the far-left news outlet Drop Site News, has come under intense scrutiny following the circulation of social media posts in which he called for the “wiping out” of Israel and said that Israelis “mustn’t feel safe.”
The remarks, which quickly spread across multiple online platforms, have prompted widespread condemnation and renewed skepticism over the credibility and coverage of Drop Site News, a controversial publication fiercely critical of Israel and US foreign policy in the Middle East.
“Wiping out Israel off the planet is not enough revenge. Israelis mustn’t feel safe anymore. Haunt them and go after them where they go. These terrorist parasites must be removed from our planet,” Abed posted on an Instagram story.
Drop Site co-founder Ryan Grim responded to the incident by clarifying that Abed’s comments do not reflect the editorial position or institutional stance of his publication. Grim, a far-left investigative reporter who has repeatedly accused Israel of committing “genocide” in Gaza, did not condemn the statements by Abed.
“We also are never going to police the language of anyone who survived a genocide,” Grim posted on X.
Abed, a social media influencer from Gaza who evacuated to Ireland during the Israel-Hamas war, has previously suggested that attacks on Jewish institutions might be justified if they signal support for Israel.
Following the recent attack on the Temple Beth Israel Synagogue in Michigan, Abed resurfaced a photo from the synagogue featuring an Israel soldier. Abed wrote that the attempted mass casualty event was justified because the assailant defended himself.
“A person is not criminally responsible if they act reasonably to defend themselves against an imminent and unlawful use of force,” Abed wrote in a since-deleted post on X. “Israel murdered his relatives and is illegally bombing and invading his country.”
The FBI said last week that the attack on the largest Jewish temple in Michigan was an “act of terrorism” inspired by Hezbollah, the Iran-backed Lebanese terrorist group committed to Israel’s destruction.
Drop Site, a new media organization which debuted in July 2024, has found itself under immense criticism over its coverage of the Israeli-Palestinian conflict and the broader Middle East. The outlet has consistently characterized Israel as a “genocidal” aggressor stoking chaos and violence throughout the region.
Meanwhile, Drop Site depicts internationally recognized terrorist groups such as Hamas, Hezbollah, and the Houthis in a far more favorable light. Drop Site lead reporter Jeremy Scahill routinely refers to Hamas as “the resistance” and has given softball interviews to Hamas leaders.
Drop Site has also defended the Iranian regime from accusations of terrorism, asserting that Tehran’s goals “center on national sovereignty.” The site contends that Iran has “sought to project influence regionally through allied governments and forces (Hezbollah, Hamas, Houthi, Iraqi Militants, etc.) what’s often called the ‘Axis of Resistance.’”
Some observers have raised alarm bells over the outlet’s growing popularity among establishment mainstream liberals. Ben Rhodes, a former Obama administration official and co-host of the popular “Pod Save America” podcast, has praised the outlet on his social media profile and confirmed he is a subscriber.
Drop Site’s expanding influence does not seem to be confined to left-wing or liberal ideological circles. Right-wing media personality Mike Cernovich contended on X that young conservatives are increasingly reading Drop Site “for Israel news.” Joe Kent, the former director of the US National Counterterrorism Center, over the weekend reposted a Drop Site article pushing Iranian regime propaganda falsely claiming the US was actually trying to kill a downed American airman — just hours before he was dramatically rescued.
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Frankfurt cinema declines to participate in Jewish film festival, spurring backlash
(JTA) — A Frankfurt cinema’s decision not to participate in the local Jewish film festival is spurring allegations of antisemitism, even as its manager says the move was financial.
The Jewish Community of Frankfurt announced last week that the Astor Film Lounge did not wish to host movies during Jewish Film Days this year. The cinema, it said, had cited its workers’ reluctance to staff movies that are part of the biennial festival, as well as concerns about the security required to host Jewish events.
“The decision unequivocally signifies that Jewish life, Jewish people, and a Jewish media presence are no longer welcome at the Astor Film Lounge,” the community said in a statement.
“This line of reasoning is not only disappointing, but sends a devastating societal signal: If Jewish life and Jewish presence are suppressed out of fear of potential reactions, then this effectively amounts to a capitulation to antisemitic pressure,” the statement continued. “The fact that Jewish life can only take place under police protection is already shameful. That this necessity for police protection is now being used as a pretext to completely prevent Jewish events is a scandal.”
But the cinema’s managing director, Tom Flebbe, contested the Jewish Community of Frankfurt’s interpretation of events. In a statement cited in a leading local newspaper, he said the theater had withdrawn this year for economic reasons, as only 40 to 50 guests had come to screenings last year.
Flebbe said a lower-level manager had made unauthorized and inaccurate remarks about security concerns.
“Economic viability is a legitimate and necessary basis for business decisions — regardless of the thematic context of an event,” Flebbe said, adding that other joint projects with the Jewish community will continue as planned.
“The ASTOR Film Lounge MyZeil views Jewish life as a natural and welcome part of this society,” the statement concluded. “The decision against participating in the 2026 Jewish Film Days is not against Jewish people, Jewish culture, or Jewish presence. It is the result of a careful consideration of economic factors. We regret that our reasoning has been interpreted in this way and stand by our decision.”
During the 2024 festival, a half-dozen venues hosted screenings as part of Jewish Film Days. The Astor Film Lounge hosted one screening, of the film “March ’68,” a love story set during the Polish government’s antisemitic campaign following Israel’s Six-Day War.
Film festivals have emerged as a frontier for tensions over Israel and antisemitism. Germany’s largest film festival, the Berlinale, was roiled by tensions this year as its jury head fended off calls to criticize Israel. A major Toronto film festival, meanwhile, ruffled feathers last year by first canceling and then screening a documentary about the Oct. 7 attack on Israel. And a Jewish film festival was canceled in Malmo, Sweden, last year because too few cinemas would agree to show movies for it.
Flebbe’s explanation for why Astor Film Lounge would not participate in this year’s Jewish Film Days did not satisfy everyone who heard it. The Berlin-based German-Jewish Values Initiative, a non-partisan think tank, in an open letter called the economic justification a “mere pretext.”
“To the best of our knowledge, the Jewish Community of Frankfurt was prepared to guarantee a minimum revenue” for the film festival, the letter said. By apparently giving in to “threats and antisemitic pressure,” it added, the cinema has capitulated “to the very forces seeking to drive Jews out of the public sphere.”
The post Frankfurt cinema declines to participate in Jewish film festival, spurring backlash appeared first on The Forward.
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Israeli, Serbian leaders denounce antisemitic statements at Belgrade protest
(JTA) — Israeli and Serbian officials are denouncing antisemitic comments made by demonstrators during a clash between Serbian students and police at a protest last week.
“Death to Vučić and all the Jews around him,” one protester said in a televised interview, referring to Serbian President Aleksandar Vučić. “Long live Serbia.”
The protest last Tuesday marked the latest flashpoint in a series of anti-government protests that have erupted across the country over the past year after 16 people died in an accident at a railway station in November 2024. Hundreds of students participated in the protest, which came as Serbian police searched the offices of the University of Belgrade as part of an investigation into the death of a female student. The school’s leadership claimed that the investigation was an “attack on the university” for its support for the student-led protest movement.
Serbia and Israel first established diplomatic relations in 1948, and Vučić told the Jerusalem Post last year that the country “will always appreciate, respect, and like the Jewish people and Israel.”
Nemanja Starović, the Serbian minister of European integration and the chair of Serbia’s delegation to the International Holocaust Remembrance Alliance, called on the protest leaders to “unambiguously condemn these antisemitic incidents and to immediately remove all antisemitic messages and slogans from university premises.”
“On multiple occasions over the past months, we have warned about the widespread antisemitic ideology within the so-called blockade movement at universities in Serbia,” Starović wrote in a post on X. “Ignoring this dangerous threat has allowed it to escalate into open calls for murder, which now appear as a logical and inevitable outcome.”
The Israeli Foreign Ministry condemned the demonstrator’s comments in a post on X.
“Israel strongly condemns the reprehensible antisemitic calls made yesterday in Belgrade,” the post read. “Israel appreciates the Serbian government’s immediate condemnation of these calls and its firm and consistent stance in the fight against antisemitism.”
Efraim Zuroff, the director of the Israel Office and Eastern European Affairs for the Simon Wiesenthal Center in Jerusalem, also condemned the antisemitic rhetoric in a Times of Israel op-ed.
“One gets the impression that this is a politically motivated to harm President Aleksandar Vučić, who has close ties with the State of Israel, key Jewish organizations such as AIPAC and the Serbian Jewish community,” Zuroff wrote. “That is completely unacceptable! If these things are not stopped, they will end up in dangerous violence, and therefore cannot be ignored.”
The controversy over the protest comes as antisemitism has surged in Europe in recent years. Last September, Serbia arrested 11 individuals accused of perpetrating hate-motivated acts in France and Germany, including throwing green paint on the Holocaust Museum, several synagogues and a Jewish restaurant in Paris.
The post Israeli, Serbian leaders denounce antisemitic statements at Belgrade protest appeared first on The Forward.