Connect with us

Uncategorized

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.

Continue Reading

Uncategorized

My grandmother Eva Schloss survived Auschwitz. She would not be silent about America today.

(JTA) — Back in 2016, my Oma, Eva Schloss, made international headlines for comparing President Donald Trump and Adolf Hitler. As a child, she lived through the rise of fascism, a pattern she was nervous to see echoed in the United States. She fled from Austria to Amsterdam, only to be deported to Auschwitz with her entire family; she ultimately survived Auschwitz with only her mother — my great-grandmother. She devoted her life to Holocaust education, and she refused to back away from making these comparisons.

My Oma was famous not only for being a Holocaust educator but also because of who her mother married after the war — Otto Frank, Anne Frank’s father, whose entire family had been murdered. She passed away just a month ago, and I believe it is my responsibility to ensure that her message lives on.

That is why I am saying that it is a shameful disservice to both her memory and Anne Frank’s for the United States Holocaust Memorial Museum to call comparisons between ICE violence and the Holocaust “deeply offensive.”

The museum was responding to Minnesota Gov. Tim Walz’s comments urging ICE to leave his state. “We have got children in Minnesota hiding in their houses, afraid to go outside. Many of us grew up reading that story of Anne Frank,” he said. “Somebody is going to write that children’s story about Minnesota.”

I believe he is right. Remembering the Holocaust does not mean waiting for gas chambers before we speak. It means recognizing how ordinary policies — immigration bans, detention regimes, and mass deportations — prepare the ground for mass violence. These are through lines in history. My grandmother spoke because she recognized these patterns as they emerged. Remembering the Holocaust means we need to compare, draw analogies, and recognize how these patterns shift over time — so we can disrupt them before they take hold again.

But the widespread use of Holocaust analogies right now overlooks some key context. Treating ICE’s violence as analogous to the Holocaust risks obscuring the fact that white supremacist violence is deeply embedded in U.S. history itself. Nazi ideology did not emerge in a vacuum; it was partly shaped by American precedents. The notion of Lebensraum (“living space”), a key tenet of Nazi ideology, was inspired by the American notion of Manifest Destiny, as noted by the USHMM itself. The Nuremberg laws targeting Jews were modeled on America’s own racial segregation laws.

When Donald Trump speaks of “bad genes” in relation to immigrants, it’s easy to draw a through line from the American eugenics program of the early 20th century, through Nazi racial ideology, to the actions taken by ICE today. Instead, we should look at contemporary white supremacy in context, as part of an ecosystem of racist and authoritarian movements, influenced by both American and German ideas.

My Oma spoke out for immigrants and refugees because she lived through her family’s death and suffering as a result of countries refusing to open their borders to people fleeing Nazi territory. Trying to escape, running from embassy to embassy, my Oma’s family submitted one last application to move to Australia — but it was denied. She wrote: “It’s almost unbearable to think how much that denied visa application changed our lives,” leading to the death of her father and brother. Over the past nine years, we have seen the near-total collapse of the U.S. asylum and refugee system. My Oma knew that the more borders close, the more children would be stranded in violent and dangerous situations, just like what happened to her younger self and to Anne Frank.

It is unacceptable for the USHMM to distort my family’s history and silence people speaking out about the persecution of others. Many of the same communities who were murdered alongside my Jewish family by the Nazis — including Black, Brown, trans, Indigenous, Romani, queer, and disabled people — are the same groups being targeted directly by this administration.

For those of us who are descendants of Holocaust survivors, remembering our history means refusing to stand idly by as Holocaust memory is misused to downplay the abductions and killings of our neighbors and to falsely justify violent border restrictions. The USHMM is justifying an approach that leans on fear and oppression, which does nothing to protect Jews or anyone else. Instead, we must insist on a world that truly believes, as the Jewish immigration justice organization that I belong to says, “Never again for anyone.”

By condemning these comparisons, the USHMM is not safeguarding Holocaust memory — it is policing historical memory so that it applies only to certain groups, stripping it of its power as a universal warning against dehumanization and state violence. Instead, let’s call out white supremacy and build a society that values our collective safety.

When I was coming home after my grandmother’s funeral in England last month, I was nervous that I might not be let into the country because I know that many immigrants, including green card holders like myself, have been denied entry. Even knowing that my privileges would likely protect me, I felt scared. And that’s exactly what the government is trying to do — make all immigrants (no matter our status) live in fear.

When I think about my Oma, I remember who changed the course of her life: the many members of the Dutch resistance who broke the law to hide her, and the one who followed the law to inform on her.

Now is the time to ask ourselves: which one do we want to be?

This article originally appeared on JTA.org.

The post My grandmother Eva Schloss survived Auschwitz. She would not be silent about America today. appeared first on The Forward.

Continue Reading

Uncategorized

Credit Suisse had many more bank accounts with Nazi ties than previously known, investigation finds

(JTA) — The financial services company Credit Suisse had hundreds more bank accounts with Nazi ties than it had previously revealed, a new investigation reported this week.

The findings were discovered when independent investigators audited UBS, the Swiss bank that acquired Credit Suisse in 2023.

“What the investigation has found to date shows that Credit Suisse’s involvement was more extensive than was previously known, and it underscores the importance of continuing to engage in research efforts about this horrific era of modern history,” Neil Barofsky, a lawyer overseeing the inquiry, testified before the Senate Judiciary Committee Tuesday.

Barofsky’s report found 890 accounts potentially linked to Nazis: 628 individuals and 262 legal entities.

The investigation also found that Credit Suisse provided support to the “ratlines” that enabled Nazis to escape Europe and enter Argentina, opening and maintaining accounts for the Argentine Immigration Office.

Specifically, Barofsky said in his testimony, Credit Suisse provided funds “to finance bribes, obtain fraudulent travel documents, and pay for living expenses and transportation for fugitives, including perpetrators of the Holocaust.”

Barofsky’s investigation into UBS also found multiple previously unreported instances of the forced sale of property owned by Jews during the Holocaust. It also found that Credit Suisse held accounts for the German foreign office during the Holocaust, which dealt with the deportations of Jews.

Last May, Argentina declassified more than 1,800 documents related to the ratlines at the behest of the Simon Wiesenthal Center, named for the late Nazi hunter. Barofsky’s research into Credit Suisse’s involvement in the ratlines is ongoing, he said.

The findings represent a potentially explosive capstone to years of investigation into Credit Suisse’s Nazi ties.

Jewish organizations have long claimed that in addition to playing a key role in financially supporting Nazi Germany, Credit Suisse has held onto money looted from Jews long after the war. In 1999, the Swiss bank paid Jewish groups and Holocaust survivors a settlement of $1.25 billion in restitution for withholding money from Jews who had tried to withdraw their funds.

In 2020, the Simon Wiesenthal Center, a Jewish advocacy group, alleged that the bank had also hidden information about its ties to Nazis who fled to Argentina.

The bank hired Barofsky the following year to investigate its record but fired him in 2022, angering U.S. lawmakers including Sen. Chuck Grassley, now chair of the Senate Judiciary Committee. In 2023, as the top Republican on the Budget Committee, Grassley charged that Credit Suisse was obfuscating its Nazi ties, saying, “When it comes to investigating Nazi matters, righteous justice demands that we must leave no stone unturned. Credit Suisse has thus far failed to meet that standard.” Barofsky was soon rehired.

Tuesday’s hearing grew heated when Barofsky said the bank was still interfering with his investigation. He argued that his investigation could not be completed without access to 150 documents related to a 1998 restitution settlement between UBS and Holocaust survivors, which Barofsky says may contain the names of specific account holders he is investigating.

Robert Karofsky, president of UBS Americas, alleged Tuesday that giving Barofsky access to those documents could violate attorney-client privilege.

“Materials from the 1990’s are not within the scope of the Ombudsperson’s oversight, which is meant to be focused on Credit Suisse’s history and World War II-era conduct,” Karofsky said.

Still, Barofsky said, his report will be incomplete without those documents.

“I will be unable to provide assurance in my final report that the investigation has truly left no stone unturned,” he said.

The post Credit Suisse had many more bank accounts with Nazi ties than previously known, investigation finds appeared first on The Forward.

Continue Reading

Uncategorized

Former Moscow rabbi says he rebuffed proposal to convert a million Russians discussed in Epstein files recording

(JTA) — When newly released audio recordings revealed former Israeli Prime Minister Ehud Barak discussing mass conversion and selective immigration with Jeffrey Epstein, disgraced financier and the convicted sex trafficker, the reaction in Israel was swift and deeply political.

Israel’s current prime minister, Benjamin Netanyahu, accused Barak of seeking to “select” Jews for immigration and charged that Israel’s political left was trying to “replace the people” after failing at the ballot box — an echo of contemporary conspiracy theories about immigration that appear to have been treated as a serious idea at the time.

The recordings, released this week as part of the U.S. Justice Department’s latest disclosure under the Epstein Files Transparency Act, capture Barak in a wide-ranging conversation with Epstein, who died in federal custody in 2019. The audio appears to date to around 2013, when Barak — a longtime leader in the liberal Labor Party — was 71 years old and transitioning into the private sector.

In the recording, Barak argues that Israel should weaken the Orthodox rabbinate’s control over conversion and open the door to large-scale conversion as a demographic strategy.

“We have to break the monopoly of the Orthodox rabbinate — on marriage and funerals, the definition of a Jew,” Barak says. “Open the gates for massive conversion into Judaism. It’s a successful country. Many will apply.”

Over more than three hours, Barak speaks candidly about population trends in Israel, the West Bank and Gaza, warning that without a two-state solution, Jews could lose their demographic majority.

“It will be an Arab majority,” Barak says of the territories. “It’s a collective blindness of our society.”

Barak also expresses concern about the growing proportion of Arab citizens within Israel, noting that Arabs made up about 16% of the population four decades ago and roughly 20% today. He contrasts that growth with the ultra-Orthodox Jewish population, which he says is expanding more rapidly.

As a counterweight, Barak proposes immigration, conversion and minority inclusion. He praises the Druze and Christian minorities as highly integrated and points to immigrants from the former Soviet Union as prime candidates for conversion.

“We can control the quality much more effectively, much more than the founding fathers of Israel did,” Barak says. Referring explicitly to immigration from North Africa, he adds: “They took whatever came just to save people. Now, we can be more selective.”

Barak lauds the post-Soviet aliyah of the 1990s, which brought more than 1 million Russian-speaking immigrants to Israel, and says the country could “easily absorb another million.” He recounts telling Russian President Vladimir Putin that Israel about this idea and joking about mixed Russian-Israeli names in the military as evidence of rapid integration.

The remarks drew sharp criticism from Pinchas Goldschmidt, who spent more than three decades leading Moscow’s Jewish community before leaving the country after Russia’s invasion of Ukraine in 2022. In an interview, Goldschmidt said the recording echoed conversations he encountered repeatedly during his years in Russia.

“I spent 33 years in Moscow, and there was talk like this,” Goldschmidt said. “Not necessarily among the heads of the agencies dealing with aliyah, but among employees and officials who felt this was their opportunity to stop Israel from becoming a Levantine country.”

Goldschmidt said those attitudes occasionally surfaced in direct encounters with Israeli political figures. He recalled a meeting with former Israeli minister Haim Ramon, who asked whether Orthodox rabbinical courts could convert large numbers of non-Jewish immigrants from the former Soviet Union.

“He came to me with a number,” Goldschmidt said. “He mentioned 100,000.”

Goldschmidt said his response was categorical. “Halacha doesn’t speak in numbers,” he said, referring to Jewish law. “There is no number on the top and no number on the bottom. Halacha speaks about standards and conditions. If 1 million people are ready to convert according to Jewish law, then we will convert 1 million people. And if they are not ready, we will not convert even one.”

Goldschmidt said the meeting took place after Ramon had left government following a sexual misconduct scandal but emphasized that it was not a casual exchange.

“It was more than a conversation,” he said. “It was not a conversation over tea. If he came to see me officially, with a question like that on the table, then it meant something.”

For Goldschmidt, Barak’s claim in the recording that he discussed such matters with Putin was particularly striking. “Why do you have to speak to Putin about converting a million Russians?” he asked. “People can leave Russia without permission. The person he needed to speak to was me.”

Goldschmidt said Barak’s framing of conversion and immigration would be widely perceived in Israel as offensive. “Anyone from Middle Eastern backgrounds would hear this whole conversation as extremely racist,” he said. “And anyone who is traditional or religious would also find it very offensive.”

In his comments, Netanyahu also said Barak’s close relationship with Epstein proved that Epstein did not work for Israel or its intelligence services, saying it would make no sense for an Israeli asset to be closely associated with one of the government’s most vocal opponents.

Barak’s ties to Epstein — including repeated meetings years after Epstein’s 2008 conviction — have been reported previously, and there is no evidence of criminal wrongdoing by Barak.

The post Former Moscow rabbi says he rebuffed proposal to convert a million Russians discussed in Epstein files recording appeared first on The Forward.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News