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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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A famed rabbi’s yeshiva reopens for students for the first time since World War II
(JTA) — Dovid Hofstedter was visiting Belarus five years ago when he discovered that a historic Jewish school had turned into something else.
Hofstedter, a Canadian rabbi, was joining a group of rabbis from around the world at the Radin Yeshiva, nestled in the small town of Radun in western Belarus. The school was founded in 1869 by the famed Lithuanian rabbi Israel Meir Kagan, known as the Chofetz Chaim, and housed 300 students before World War II.
As Hofstedter delivered a lecture in the building, he was surprised to see it fill up with locals, who then gradually wandered out. He realized they didn’t know the building had once housed a yeshiva in a town where no Jews live today.
Instead, people had walked in expecting a play — and left when they didn’t get one.
The Radin Yeshiva had been converted into a theater, with a stage and red seats, Hofstedter told the Jewish Telegraphic Agency. Like many Jewish sites across Eastern Europe, where the Nazis’ annihilation was followed by decades of Soviet rule that stifled Jewish memory and communal life, the school’s history had been buried.
“In other places that I’ve been to in Eastern Europe, some yeshivas were used as a post office,” said Hofstedter. “Some were used as government buildings.”
This month, Hofstedter and another group of 100 international rabbis filled the building again, this time to inaugurate the reopened Radin Yeshiva, now fully restored to serve Torah students as a functioning school.
Yad Yisroel, a nonprofit dedicated to strengthening Jewish life in Belarus, bought the yeshiva building from the municipality of Radun (or Radin, according to its Yiddish pronunciation) in 2025. That spurred a year of planning and construction, headed internationally by Hofstedter, who founded the Torah study organization Dirshu, and locally by Moshe Fhima, who directs Yad Yisroel’s projects and leads a yeshiva in the southern city of Pinsk.
The restoration team replaced the building’s roof and windows, which had deteriorated over years of neglect. Inside, they installed a new Torah ark and recreated the wooden lecterns and chairs that filled the yeshiva before World War II. A library of books is being transported from Israel to stock the school’s shelves.
The Radin Yeshiva closed after the outbreak of World War II, when the Soviet Union occupied the region and Soviet authorities seized the building. Nazi Germany captured Radun in 1941. Some yeshiva students escaped to Japan, where they received aid from the American Jewish Joint Distribution Committee. Rabbi Mendel Zaks, the Radin Yeshiva’s then-leader and the Chofetz Chaim’s son-in-law, fled in 1941 to the United States and reestablished the yeshiva in New York City. In the 1950s, the new school moved upstate to Suffern, New York, where it remains active.
Meanwhile, more than 2,000 Jews from Radun and neighboring villages were interned in a ghetto; most were killed by the Germans and local police.
Hofstedter believes that the Radin Yeshiva will draw interest from Jewish communities across Belarus. Though the country’s 30,000 to 50,000 Jews today are largely secular, Hofstedter said a subset of the community has shown interest in reconnecting with facets of their Jewish identity that were quashed under the Soviets, and the yeshiva can serve as a focal point for that rediscovery. Many of its students will also come from abroad, as Orthodox Jews make regular pilgrimages to study the Chofetz Chaim’s teachings and visit his gravesite.
The Chofetz Chaim, who lived from 1838 to 1933 and whose sobriquet is the title of his first and most famous book, was widely hailed as the leading Jewish scholar of his generation. His establishment of the Radin Yeshiva brought the town fame in the Jewish world of Eastern Europe, where current-day Belarus and Lithuania were home to many “Litvak” Jews who followed a rigorous, anti-Hasidic religious tradition. He remains influential among Orthodox Jews globally for his works codifying Jewish law and ethics, especially his guidance on refraining from “lashon hara,” or “evil speech” about others, said Hofstedter.
There are recent signs of renewed attention to Belarusian and Lithuanian sites of Jewish heritage, according to Alena Kuliounich, the deputy chair of the Union of Belarusian Jewish Public Associations and Communities. The Volozhin Yeshiva, another jewel of Lithuanian Jewish history founded in 1803, reopened as a museum in 2024. Today, no more than a handful of Jews are estimated to live in Volozhin, now in western Belarus.
“Volozhin demonstrates that a historic Jewish site can attract considerable interest even in the absence of a substantial local Jewish community,” Kuliounich told JTA.
Hofstedter, whose parents survived the Holocaust in Auschwitz and Mauthausen before rebuilding their lives in Toronto, had a different vision for the Radin Yeshiva. He explicitly did not want it to become a museum.
“We didn’t want to just have some sort of tribute to the past,” said Hofstedter. “We wanted to be in continuity with the future, the teachings of the Chofetz Chaim for future generations.”
At the Radin Yeshiva’s rededication ceremony, he was moved to watch rabbis from the United States, Israel, Britain, France and elsewhere join to celebrate the Chofetz Chaim. The Lithuanian sage’s teachings are followed by Jews across Orthodox movements. It was rare to see rabbis with a range of backgrounds and beliefs “come together with such a feeling of solidarity,” said Hofstedter.
“There was an enormous amount of emotion at that gathering,” he said. “After almost 100 years, to be able to come back to the Chofetz Chaim’s yeshiva, to rejuvenate it and have the yeshiva functioning — it was just incredible.”
This article originally appeared on JTA.org.
The post A famed rabbi’s yeshiva reopens for students for the first time since World War II appeared first on The Forward.
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Police shoot dead assailant outside Israeli Embassy in Serbia
(JTA) — An assailant with knives attacked a police officer guarding the Israeli Embassy in Serbia overnight before the officer shot him dead, according to Serbian authorities.
Interior Minister Ivica Dačić called the incident a “terrorist attack.” The attacker had two knives and shouted “Allahu Akbar” at the officer 15 minutes after midnight Wednesday morning at the embassy in Belgrade. One knife hit the officer’s face.
The officer, a member of the Gendarmerie unit who was identified only by the initials D.S., killed the assailant on the spot, according to the Higher Public Prosecutor’s Office in Belgrade. The attacker, who was dressed in black and whom Dačić described as a minor, has not been identified and was believed to be from the western city of Šabac.
Dačić said he raised Serbia’s terrorism threat level to “red,” the highest degree, triggering heightened security monitoring and increased police presence around infrastructure facilities and places where large crowds gather.
Dačić added that Serbian security services had been monitoring the attacker, who was “known to be a supporter of the Islamic State” and had posted an image of the terror group’s flag on his Instagram account.
Avivit Bar-Ilan, the ambassador of Israel to Serbia, said she was “deeply disturbed and shocked by the terrorist attack.” She thanked the member of the Gendarmerie for “his courage and decisive response.”
The attack was the second on Belgrade’s Israeli Embassy in two years. In June 2024, a man seriously wounded a police officer outside the embassy by shooting him in the neck with a crossbow.
Wednesday’s incident came the day after Israel held parliamentary elections, with preliminary results suggesting that neither Prime Minister Benjamin Netanyahu’s coalition nor the opposition bloc had secured a governing majority.
Serbia had its own pivotal election on Sunday, with the country’s student-led protest movement defeating the bloc led by longtime nationalist leader Aleksandar Vučić. Under Vučić, Serbia deepened ties with Israel, including through a new joint combat drone manufacturing plant.
The victorious Student List movement said in its platform, “We will not be complicit in the systematic attempt to destroy the Palestinian people that Israel is carrying out in the Gaza Strip, and we will intensify the delivery of humanitarian aid to Palestine in order to save lives and reduce the number of casualties.”
This article originally appeared on JTA.org.
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Netherlands reverses course, will sit out Eurovision again over Israel’s participation
(JTA) — The Netherlands is withdrawing from the Eurovision Song Contest, reversing an announcement that it would join the event and citing “sensitivity” over Israel’s participation.
The Dutch organization that oversees public broadcasting, the Nederlandse Publieke Omroep, or NPO, said on Tuesday that it failed to find sufficient support from broadcasters to ensure a Dutch artist could go to Eurovision.
“We have known for some time that Israel’s participation elicits various reactions in society and causes discussion and division,” said Jurre Bosman, NPO’s media director. “This is also the case among broadcasters and staff, and we understand that sensitivity.”
NPO said last month that the Netherlands would reenter Eurovision in 2027, when the world’s largest music competition will take place in Burgas, Bulgaria. The Netherlands boycotted the contest in May 2026, alongside Spain, Ireland, Iceland and Slovenia, because of Israel’s inclusion.
NPO’s pledge to rejoin Eurovision overrode a decision by the Dutch network Avrotros, which usually oversees the Dutch entry. Avrotros withdrew from Eurovision in August, saying the event “can no longer be considered neutral” with Israel taking part amid “the severe humanitarian suffering in Gaza and the ongoing restrictions on press freedom.”
Initially, NPO believed there was “sufficient support” among public broadcasters to allow the Netherlands to return, said Jet de Ranitz, the chair of NPO’s executive board. But the decision sparked backlash. Earlier this month, about 400 public broadcasting employees signed a letter titled “#NotMyEurovision” to NPO’s management and board, urging the organization to reconsider returning to the contest.
“We only want to send an artist or artists and staff to the festival if they can count on the full support of one or more broadcasters,” Bosman said.
The contest will still be broadcast in the Netherlands by the network NOS, as it was this year.
Eurovision director Martin Green said he was “deeply sorry” that the Netherlands would not participate, adding that the organizers understood the decision and “respect the strength of feeling behind it in the Netherlands.”
Ireland will also remain absent from Eurovision next year. The country’s broadcaster RTÉ said in September that “Ireland’s participation cannot be justified given the appalling and ongoing loss of lives in Gaza and the humanitarian crisis there.” In Spain, the head of broadcaster RTVE also said he favored a continued boycott.
Czechia pulled out of the event this month, but its public broadcaster cited budget cuts as the reason.
The controversy over Israel’s inclusion in Eurovision has prompted mass protests. The 2026 contest drew 131 million viewers, down 35 million from the previous year.
This article originally appeared on JTA.org.
The post Netherlands reverses course, will sit out Eurovision again over Israel’s participation appeared first on The Forward.
