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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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Greece Plans Extension of Territorial Waters Despite Turkish Warning
Greek Foreign Minister George Gerapetritis attends a joint press conference at the Foreign Ministry in Athens, Greece, Oct/ 14, 2025. Photo: REUTERS/Stelios Misinas
Greece plans to extend its territorial waters further, including potentially in the Aegean Sea, Foreign Minister George Gerapetritis said on Friday, despite Turkey’s long-standing threat of war should Athens take such a step.
The NATO allies, but historic rivals, have eased tensions in recent years but remain at odds over where their continental shelves begin and end in the Aegean – an area believed to hold significant energy potential and with implications for overflights and airspace.
Greece has already extended its territorial waters in the Ionian Sea to 12 nautical miles from six, following agreements with Italy, and it has signed a maritime delimitation deal with Egypt in the eastern Mediterranean.
But it has avoided similar moves in the Aegean, where Ankara objected sharply.
In 1995, the Turkish parliament declared a “casus belli,” or cause for war, if Greece unilaterally extended its waters beyond six nautical miles in the Aegean, a position Athens says violates international maritime law.
Answering questions in parliament on Friday, Gerapetritis said further expansion was expected.
“Today, our sovereignty in the Aegean Sea extends to six nautical miles,” Gerapetritis said. “As there was an agreement with Egypt, as there was an agreement with Italy, there will also be a (further) extension of the territorial waters.”
He didn’t specify which maritime areas could be extended.
Turkey’s Foreign Ministry was not immediately available for comment.
In July, Greece took another step by unveiling the boundaries of two planned marine parks in the Ionian and Aegean seas. The Aegean park, covering 9,500 square kilometers (3,668 square miles), would initially expand around the southern Cyclades islands, further south of Turkey, according to the maps submitted by Athens. The announcement has drawn objections from Ankara.
Greece says the only issue it is prepared to discuss with Turkey is the demarcation of their maritime zones, including the continental shelf and an exclusive economic zone.
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Lebanon Detains Syrian Who Helped Funnel Funds to Pro-Assad Fighters, Sources Say
A person gestures next to a burning picture of President Bashar al-Assad, after rebels seized the capital and ousted the president, in Qamishli, Syria, Dec. 8, 2024. Photo: REUTERS/Orhan Qereman
Lebanon has arrested a Syrian national who was helping senior associates of ousted president Bashar al-Assad finance fighters as part of a plot to destabilize Syria’s new ruling order, four sources familiar with the matter told Reuters on Friday.
Ahmad Dunya was detained earlier this week, according to two Lebanese security sources and two of his former associates. The Lebanese security sources did not say what charges were linked to his arrest or if he would be extradited to Syria.
Reuters could not immediately reach Dunya or his legal counsel for comment.
His arrest came nearly a month after top Syrian security officials asked Lebanon to track down and hand over more than 200 officers who fled there after Assad was overthrown by rebel forces in December 2024 following 14 years of civil war.
That request followed a Reuters investigation that detailed rival plots being pursued by former Assad cohorts to finance potential Alawite militant groups in Lebanon and along the Syrian coast through financial intermediaries.
Dunya was one of those intermediaries and funneled money from Rami Makhlouf, Assad‘s billionaire cousin who now lives along with the ex-Syrian dictator in exile in Moscow, to prospective fighters in Lebanon and Syria, Reuters found.
A former associate of Dunya’s and a Syrian figure close to Makhlouf both confirmed that Dunya was a key financial conduit for his funds and was detained in Lebanon. The two sources said he managed extensive financial records, including payroll tables and financial receipts.
In recent months, Dunya had been skimming off the top of Makhlouf’s transfers, according to the two Syrian sources.
The Reuters investigation found that Makhlouf had spent at least $6 million on salaries and equipment for prospective fighters. Some of the financial records uncovered claimed that Makhlouf spent $976,705 in May, and that one group of 5,000 fighters received $150,000 in August.
A Lebanese security source said there were likely dozens of other financial handlers like Dunya still operating in Lebanon on behalf of Assad‘s former associates.
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Kremlin Says Putin Is Mediating in Iran Situation to Try to Deescalate
Russian President Vladimir Putin speaks on the day he attends a documents signing ceremony with Iranian President Masoud Pezeshkian in Moscow, Russia, Jan. 17, 2025. Photo: REUTERS/Evgenia Novozhenina/Pool
President Vladimir Putin is mediating in the Iran situation to try to quickly deescalate tensions, the Kremlin said on Friday, after the Russian leader spoke to Israeli Prime Minister Benjamin Netanyahu and Iranian President Masoud Pezeshkian.
Moscow, an ally of Tehran, has condemned US President Donald Trump’s threats of new military strikes after Iran cracked down on protests that broke out late last month.
Israel and the US last year both bombed Iranian nuclear sites, and Iran fought a 12-day war with Israel.
Russia has pursued closer ties with Iran since the start of its war in Ukraine, and Putin last year signed a 20-year strategic partnership pact with Pezeshkian. Moscow also has a long-established working relationship with Israel.
Putin in his call with Netanyahu expressed Russia’s willingness to “continue its mediation efforts and to promote constructive dialogue with the participation of all interested states,” the Kremlin said, adding he had set out his ideas for boosting stability in the Middle East.
No further details were given on Putin‘s mediation attempt.
Putin had then been briefed by Pezeshkian in a separate call on what the Kremlin called Tehran’s “sustained efforts” to normalize the situation inside Iran.
“It was noted that Russia and Iran unanimously and consistently support deescalating the tensions — both surrounding Iran and in the region as a whole — as soon as possible and resolving any emerging issues through exclusively political and diplomatic means,” the Kremlin said.
Putin and Pezeshkian had confirmed their commitment to their countries’ strategic partnership and to implementing joint economic projects, the Kremlin added.
WESTERN SANCTIONS
Separately, the Shanghai Cooperation Organization, which includes Russia, China, India, and Iran among others, said it opposed external interference in Iran and blamed Western sanctions for creating conditions for unrest.
“Unilateral sanctions have had a significant negative impact on the economic stability of the state, led to a deterioration in people’s living conditions and objectively limited the ability of the Government of the Islamic Republic of Iran to implement measures to ensure the country‘s socio-economic development,” the SCO said in a statement.
Protests erupted on Dec. 28 over soaring inflation in Iran, whose economy has been crippled by sanctions, before spiraling into one of the biggest challenges yet to the clerical establishment ruling Iran since the 1979 Islamic Revolution.
Any threat to the survival of the Iranian leadership would pose a serious concern for Moscow, 13 months after it lost another key Middle East ally with the toppling of Syrian President Bashar al-Assad. Earlier this month another Russian ally, Venezuelan President Nicolas Maduro, was captured by the United States and brought to New York to face drug trafficking charges.
Asked what support Russia could provide to Iran, Kremlin spokesman Dmitry Peskov said: “Russia is already providing assistance not only to Iran but also to the entire region, and to the cause of regional stability and peace. This is partly thanks to the president’s efforts to help deescalate tensions.”
Western powers accuse Iran of having a clandestine agenda to develop nuclear weapons, something Tehran denies. Russia says it supports Iran‘s right to peaceful nuclear energy.
