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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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US Involvement in Gaza Is Not a Threat — It’s a Strategic Opportunity
Then-IDF Chief of Staff Lt. Gen. Aviv Kochavi meets with then-US Central Command (CENTCOM) chief Gen. Kenneth F. McKenzie at CENTCOM headquarters on June 22, 2021. Photo: CENTCOM Public Affairs / Tom Gagnier
In recent weeks, voices in Israel have argued that the country has “lost control” over the situation in Gaza and ceded it to the United States.
While there is a grain of truth to the claim — insofar as the US has indeed become a central actor in Gaza’s operational, humanitarian, and political arenas — this view misses the broader strategic transformation that has taken place. What appears to be growing American dominance in Gaza is in fact the latest expression of a deeper structural shift that began in 2022, a shift whose significance most Israelis are only now beginning to understand.
To grasp the change, one must start with how the US military is structured.
The United States operates six global geographic Combatant Commands, each responsible for an enormous region: Europe, Africa, South America, the Indo-Pacific, North America, and the Middle East. Each is headed by a four-star general who reports directly to the Secretary of Defense and the President. These commands are not mere administrative divisions, but strategic frameworks through which the US organizes alliances, coordinates multinational training, conducts combined operations, and integrates intelligence on a global scale.
Geographically, Israel naturally belongs under the Central Command, CENTCOM, which oversees the Middle East. Yet for decades, Israel was placed under the European Command, EUCOM. The reason was political rather than military: Arab states that opposed normalization with Israel refused to be grouped with it under the same command. Allocating Israel to EUCOM allowed Washington to maintain deep military cooperation with Israel without jeopardizing its relations with key Arab allies.
The Abraham Accords fundamentally altered this arrangement.
Once the UAE, Bahrain, and later Morocco agreed to open security and diplomatic cooperation with Israel, the longstanding Arab veto effectively collapsed. The US announced Israel’s move to CENTCOM in 2021, and by 2022, it was fully implemented. Israel thus became an official component of the regional security architecture that the United States had been building for years — an emerging multinational framework designed to counter Iran through shared intelligence, integrated air defense, maritime cooperation, and coordinated operational planning.
This new reality was quickly reflected in joint exercises that had been impossible up to that point. Israel took part in IMX-22, a massive naval drill led by the US Fifth Fleet, in which Arab and Israeli naval forces operated openly under the same command structure for the first time. A year later came Juniper Oak 2023, the largest US-Israeli military exercise ever conducted, involving strategic bombers, fighter jets, naval forces, special operations units, and advanced intelligence platforms. Operationally, it marked the institutionalization of deep, routine, high-tempo military cooperation.
Still, it was not until Hamas’ October 7 attack that the full meaning of Israel’s integration into CENTCOM became clear. The brutality of the massacre underscored to Washington that the Israeli-Palestinian arena is inseparable from the broader regional struggle against Iran. The US responded with a rapid, large-scale deployment: aircraft carriers, missile defense ships, electronic warfare aircraft, and enhanced intelligence assets. In effect, the US provided Israel with a strategic umbrella that reduced the likelihood of a northern escalation and signaled unmistakable deterrence toward Iran and Hezbollah.
The most dramatic developments, however, took place in the context of Iran’s large-scale missile and drone attacks on Israel in 2023 and 2024. These were among the most extensive long-range strikes Iran had ever launched. For the first time, the emerging regional defensive network was activated. US aircraft intercepted dozens of drones over Iraq and the Red Sea; American, British, and French ships shot down cruise missiles; Jordan, Saudi Arabia, and the UAE provided air corridors and shared tactical intelligence; Israel synchronized its Iron Dome, David’s Sling, and Arrow systems with US command elements. The result was an unprecedented multinational defensive effort that successfully neutralized what could have been devastating strikes. What had long been discussed as a concept became a functioning regional defense mechanism with Israel at its core.
After a temporary ceasefire was established following the Trump plan in Gaza, the US and Israel set up a joint command center in Kiryat Gat. The goal of the joint headquarters is primarily to ensure that the Trump plan is implemented on the ground. This should not be understood as an American takeover of operational decision-making, but as a mechanism to deepen coordination. The joint headquarters facilitates real-time intelligence sharing, access to American reconnaissance capabilities, humanitarian coordination with international actors, and continuous operational deconfliction in a highly complex arena. The physical presence of American officers alongside Israeli commanders has also heightened US understanding of Hamas’ methods — its use of human shields, for example, and diversion of humanitarian aid — and the impossibility of managing the Gaza arena without intense and constant intelligence work.
Israeli critics tend to focus on potential drawbacks: US political leaders may attempt to leverage rapid progress for domestic purposes; they may choose to overlook Hamas’ refusal to disarm, and American expectations may not align with Israel’s interests regarding the end state in Gaza. These risks are not imaginary. However, Israeli defense officials repeatedly emphasize that the current level of cooperation with the US is unprecedented, and no attempt has been made thus far to impose decisions contrary to Israel’s security interests.
For decades, Israel has grappled with the question of whether it should pursue a formal defense treaty with the United States. The idea resurfaced repeatedly at moments of strategic uncertainty after the Lebanon wars, during periods of Iranian nuclear acceleration, and amid discussions about long-term deterrence. A formal treaty promised clear advantages: it would codify America’s commitment to Israel’s security, bolster deterrence against regional adversaries, and guarantee large-scale military assistance in times of crisis. Yet successive Israeli governments hesitated. The central concern was a potential loss of autonomy: a treaty would restrict Israel’s freedom of action, require American approval for sensitive military operations, and bind Israel’s hands precisely in situations where speed and unilateral initiative are essential.
The current arrangement, while not a formal defense pact, effectively delivers many of the benefits associated with one without the drawbacks. It offers deep operational coordination, shared real-time intelligence, integrated regional air defense, and the ability to conduct joint action when necessary. Crucially, it does all this without formally limiting Israel’s sovereignty or imposing rigid treaty obligations. In practice, it creates a “hybrid model” in which Israel enjoys the strategic advantages of quasi-alliance integration while retaining independent decision-making.
The broader strategic reality has changed. For years, Israel feared that the United States was withdrawing from the Middle East. Today the opposite is true: the US is re-engaging, strengthening allies, escalating pressure on Iran, and signaling a renewed commitment to the regional balance of power. This shift naturally raises concerns in Israel about over-dependence, yet in practice, it represents a dramatic enhancement of Israel’s strategic position. For the first time in decades, Israel finds itself embedded within a regional defense architecture that magnifies its strengths and compensates for its vulnerabilities.
Israel has not “lost control.” It would be more accurate to say that Israel has entered a fundamentally new framework, one in which it operates shoulder to shoulder with the United States and, increasingly, with key Arab partners. This emerging de facto regional alliance provides Israel with strategic depth, intelligence and logistical support, operational coordination, and a dramatically improved international posture. In the long term, the advantages of this integration far outweigh its limitations.
Prof. Eitan Shamir serves as the head of the BESA Center and as a faculty member in the Department of Political Science at Bar-Ilan University. His latest book is The Art of Military Innovation: Lessons from the IDF, Harvard University Press, 2023 (with Edward Luttwak). This article appeared at the BESA Center, and in the Jerusalem Strategic Tribune in December 2025.
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European-Funded NGO on Palestinian TV: The World Has ‘Gotten Over’ Antisemitism
A woman keeps a candle next to flowers laid as a tribute at Bondi Beach to honor the victims of a mass shooting that targeted a Hanukkah celebration at Bondi Beach on Sunday, in Sydney, Australia, Dec. 16, 2025. Photo: REUTERS/Flavio Brancaleone
The world has “gotten over” Israel’s “claims of antisemitism,” said the head of an EU-funded NGO on official Palestinian Authority (PA) television just a month before the Bondi Beach Hanukkah massacre of Jews.
According to Omar Rahal, director of the SHAMS Human Rights and Democracy Media Center, complaints about antisemitism were all false “claims” by “Netanyahu and his extremist government,” whereas Palestinians are the ones who are the victims of Israel’s attacks:
The Palestinian discourse has gained dominance, and the claims of antisemitism and violent discourse — the world has now gotten over them and there have been direct responses from presidents and state leaders to [Israeli Prime Minister] Netanyahu and the pillars of his extremist government. In other words, go find another topic [to talk about]. They [Israel] are the ones who attacked us.” [emphasis added]
[Official PA TV, Palestine This Morning, Nov. 16, 2025]
Rahal is absolutely correct on one point, however.
Palestinian hate speech, which calls for “Palestine to be free from the river to the sea” and for the globalization of the “Intifada,” has indeed gained dominance.
When that is combined with a world that has “gotten over” claims of antisemitism, attacks on Jews in Israel and around the world inevitably become commonplace. When antisemitism is denied as real, when violence against Jews is erased as a distinct phenomenon, and when Jews are collectively portrayed as aggressors who deserve blame everywhere, then the cost is paid in Jewish lives.
It is also unsurprising that such an outrageous statement would be featured on official PA TV. Considering how PA TV routinely denies the Holocaust, one would be hard-pressed to expect better.
The question here, though, should be: where is the condemnation of the EU and UN for Rahal’s public statements?
Rahal’s SHAMS organization is supported by the EU and proudly advertises its partnership with the UN Economic and Social Council. It incredibly also lists the International Organization for Tolerance as one of its many partners.
Palestinian Media Watch calls on the EU, the UN, and all international donors to examine not the slogans of their funded NGOs, but their actual messages.
Ephraim D. Tepler is a contributor to Palestinian Media Watch (PMW). Itamar Marcus is the Founder and Director of PMW, where a version of this article first appeared.
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Israel Says It Will Respond to Hamas ‘Violation’ of Gaza Truce, Terror Group Denies Responsibility
A drone view shows Palestinians walking past the rubble, following Israeli forces’ withdrawal from the area, amid a ceasefire between Israel and Hamas in Gaza, in Gaza City, Oct. 11, 2025. Photo: REUTERS/Dawoud Abu Alkas
Prime Minister Benjamin Netanyahu said on Wednesday that Israel would retaliate after a military officer was wounded by a blast in Gaza, while the Palestinian terrorist group Hamas denied responsibility, suggesting the explosive device had been left over from the conflict.
In a speech at a graduation ceremony for Air Force pilots, Netanyahu mentioned the incident in Rafah, part of Gaza where Israeli forces still operate, and said Hamas had made clear it had no plan to disarm as foreseen under the October truce deal.
“Israel will respond accordingly,” he said.
The Israeli military earlier said that an explosive device had detonated against a military vehicle in the Rafah area and that one officer had been lightly injured.
Hamas said the incident had taken place in an area where the Israeli military was in full control and that it had warned that explosives remained in the area and elsewhere since the war, reiterating its commitment to the October 10 ceasefire.
Hamas official Mahmoud Merdawi said in an earlier post on X that mediators had been informed about the issue.
ISRAELI DELEGATION MEETING OFFICIALS IN CAIRO
A 20-point plan issued by US President Donald Trump in September calls for an initial truce followed by steps toward a wider peace. So far, only the first phase has taken effect, including a ceasefire, release of hostages and prisoners, and a partial Israeli withdrawal.
An Israeli delegation met officials from mediating countries in Cairo on Wednesday to discuss efforts to return the remains of the last Israeli hostage, police officer Ran Gvili, from Gaza, Netanyahu’s office said later on Wednesday.
The delegation included officials from the Israeli military, the Shin Bet domestic intelligence service, and the Mossad intelligence service.
Trump’s plan ultimately calls for Hamas to disarm and have no governing role in Gaza, and for Israel to pull out. Hamas has said it will hand over arms only once a Palestinian state is established, which Israel says it will never allow.
Violence has subsided but not stopped since the Gaza truce took effect, with the sides regularly accusing each other of violations. The Hamas-controlled Gazan Health Ministry, which according to analysts has falsified casualty figures, says Israel has killed more than 400 people in the territory while Israel says three soldiers have been killed in terrorist attacks.
Hamas “openly declares it has no intention of disarming, in complete contradiction to President Trump’s 20-point plan,” Netanyahu said.
NETANYAHU ALSO WARNS LEBANESE HEZBOLLAH
Netanyahu said Hezbollah in Lebanon, which Israel severely weakened in strikes last year that also ended in a US-brokered truce, also had no intention to disarm “and we are addressing that as well.”
Israel still needs to settle accounts with Iran-backed Houthis in Yemen as well as Iran itself, he added.
“As these old threats change form, new threats arise morning and evening. We do not seek confrontations, but our eyes are open to every possible danger,” Netanyahu said.
Netanyahu is set to meet with Trump next week, mainly to discuss the next phase of the US president’s Gaza plan.
Hamas said in a statement later on Wednesday that a delegation led by its chief negotiator Khalil al-Hayya had discussed Gaza with Turkey’s foreign minister in Ankara.
Al-Hayya warned against what he described as the continuation of Israeli violations of the ceasefire, saying they were aimed at hindering the move to the next phase of the ceasefire deal.