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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. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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UK Approves US Use of British Bases to Strike Iran Missile Sites Targeting Ships

People use their cameras as a USAF B-1 bomber approaches to land at RAF Fairford airbase, used by United States Air Force (USAF) personnel, amid the US–Israeli conflict with Iran, in Fairford, Gloucestershire, Britain, March 17, 2026. Photo: REUTERS/Toby Melville

The British government gave authorization on Friday for the US to use military bases in Britain to carry out strikes on Iranian missile sites that are attacking ships in the Strait of Hormuz.

British ministers met on Friday to discuss the war with Iran and Iran‘s blocking of the Strait of Hormuz, according to a Downing Street statement.

“They confirmed that the agreement for the US to use UK bases in the collective self-defence of the region includes US defensive operations to degrade the missile sites and capabilities being used to attack ships in the Strait of Hormuz,” the statement said.

Iranian Foreign Minister Abbas Araqchi said in a post on X that Starmer was “putting British lives in danger by allowing UK bases to be used for aggression against Iran,” adding “Iran will exercise its right to self-defense.”

Starmer said this week Britain would not be drawn into a war over Iran. He initially rejected a US request to use British bases for the strikes on Iran, saying he needed to be satisfied that any military action was legal.

But the prime minister modified his stance after Iran conducted strikes on British allies across the Middle East, saying that the United States could use RAF Fairford and Diego Garcia, a joint US-UK base in the Indian Ocean.

President Donald Trump has repeatedly attacked Starmer since the conflict started, complaining he was not doing enough to help him.

On Monday, Trump said there were “some countries that greatly disappointed me” before he singled out Britain, which he said had once been considered “the Rolls-Royce of allies.”

The Downing Street statement on Friday called for “urgent de-escalation and a swift resolution to the war.”

Opinion polls in Britain suggest widespread skepticism about the war, with 59% of those surveyed by YouGov saying that they were opposed to the US-Israeli attacks.

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French Appeals Court Rules Vandalism of Memorial for Murdered Jew Not Antisemitic

A crowd gathers at the Jardin Ilan Halimi in Paris on Feb. 14, 2021, to commemorate the 15th anniversary of Halimi’s kidnapping and murder. Photo: Reuters/Xose Bouzas/Hans Lucas

A French appeals court has acquitted Tunisian twin brothers of antisemitism charges after they cut down an olive tree planted to honor Ilan Halimi, a young French Jewish man tortured to death two decades ago, in what appears to be yet another instance of France’s legal system brushing aside antisemitism as a potential motive for crime.

On Wednesday, the Paris Court of Appeal upheld the decision from the initial trial in October to dismiss the charge that the crime was motivated by antisemitism, which would have increased the punishments for the two brothers. The judges found no evidence that the assailants knew of Halimi’s identity or history or acted with the intent to target his memory because of his religious affiliation.

The court’s ruling this week upheld the original convictions, sentencing both men to eight months in prison — one with a suspended sentence, meaning he will only serve time if he reoffends or violates certain conditions, and who has since been deported to Tunisia. Both men are also barred from entering France for five years.

The two 19-year-old undocumented men with prior convictions for theft and violence were arrested in August for vandalizing Halimi’s memorial in the northern Paris suburb of Épinay-sur-Seine.

During the initial trial in Bobigny, in northeastern France, the brothers faced charges of “aggravated destruction of property” and “desecration of a monument dedicated to the memory of the dead on the basis of race, ethnicity, nationality, or religion,” offenses carrying sentences of up to two years in prison.

The court acquitted them of committing an antisemitic hate crime, ruling that they were unaware they had desecrated Halimi’s memorial.

Even though they admitted to being in the garden on the night of the incident, the brothers denied cutting down the tree and claimed they were unaware of Halimi’s story, leading the court to rule that the act was not antisemitic in nature.

Halimi was abducted, held captive, and tortured in January 2006 by a gang of about 20 people in a low-income housing estate in the Paris suburb of Bagneux.

Three weeks later, Halimi was found in Essonne, south of Paris, naked, gagged, and handcuffed, with clear signs of torture and burns. The 23-year-old died on the way to the hospital.

In 2011, an olive tree was planted in Halimi’s memory. Last year, in one of the latest attacks on his memory, the memorial in the northern Paris suburb of Épinay-sur-Seine was found felled — probably with a chainsaw.

Since the attack, French authorities have been working to replant olive trees to honor Halimi’s memory.

This latest case is by no means the first in France to raise alarm bells among the Jewish community, as courts have repeatedly overturned or reduced sentences for individuals accused of antisemitic crimes, fueling public outrage over what many see as excessive leniency.

In February, a French court tossed out antisemitic-motivated charges against a 55-year-old man convicted of murdering his 89-year-old Jewish neighbor in 2022.

According to French media, the magistrate of the public prosecutor’s office refused to consider the defendant’s prior antisemitic behavior, including online posts spreading hateful content and promoting conspiracy theories about Jews and Israelis, arguing that it was not directly related to the incident itself.

In May 2022, Rachid Kheniche threw his neighbor, René Hadjadj, from the 17th floor of his building, an act to which he later admitted.

At the time, Kheniche told investigators that while having a discussion, he tried to strangle Hadjadj without realizing what he was doing, as he was experiencing a paranoid episode caused by prior drug use.

After several psychiatric evaluations, the court concluded that the defendant was mentally impaired at the time of the crime, reducing his criminal responsibility and lowering the maximum sentence for murder to 20 years.

Kheniche was ultimately sentenced to 18 years in prison and six years of “socio-judicial monitoring.”

Last year, the public prosecutor’s office in Nanterre, just west of Paris, appealed a criminal court ruling that cleared a nanny of antisemitism-aggravated charges after she poisoned the food and drinks of the Jewish family she worked for.

Residing illegally in France, the nanny had worked as a live-in caregiver for the family and their three children — aged two, five, and seven — since November 2023.

The 42-year-old Algerian woman was sentenced to two and a half years in prison for “administering a harmful substance that caused incapacitation for more than eight days.”

Even though the nanny initially denied the charges against her, she later confessed to police that she had poured a soapy lotion into the family’’ food as a warning because “they were disrespecting her.”

“They have money and power, so I should never have worked for a Jewish woman — it only brought me trouble,” the nanny told the police. “I knew I could hurt them, but not enough to kill them.”

The French court declined to uphold any antisemitism charges against the defendant, noting that her incriminating statements were made several weeks after the incident and recorded by a police officer without a lawyer present

In another shocking case last year, a local court in France dramatically reduced the sentence of one of the two teenagers convicted of the brutal gang rape of a 12-year-old Jewish girl, citing his “need to prepare for future reintegration.”

More than a year after the attack, the Versailles Court of Appeal retried one of the convicted boys — the only one to challenge his sentence — behind closed doors, ultimately reducing his term from nine to seven years and imposing an educational measure.

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US Sending Marines and Amphibious Assault Ship to Middle East, Officials Say

US Secretary of Defense Pete Hegseth holds a briefing with Chairman of the Joint Chiefs of Staff General Dan Caine, amid the US-Israeli war on Iran, at the Pentagon in Washington, DC, US, March 19, 2026. Photo: REUTERS/Evan Vucci

The US military is deploying thousands more Marines to the Middle East, officials told Reuters on Friday, as President Donald Trump accused NATO allies of cowardice over their reluctance to send forces to help open the Strait of Hormuz.

The narrow waterway, conduit for around a fifth of global oil and liquefied natural gas supplies, has been effectively closed to most shipping since the United States and Israel launched the war against Iran almost three weeks ago.

Vital energy infrastructure in both Iran and neighboring Gulf states has also been attacked, and oil prices have jumped about 50% since the start of the war on Feb. 28, threatening a global economic shock.

More than 2,000 people have been killed, mostly in Iran and Lebanon, while Americans, facing sharply higher prices, appear increasingly concerned at signs the war could expand further.

A new Reuters/Ipsos poll showed almost two-thirds of Americans believe Trump will order troops into a large-scale ground war, with only 7% supporting such a move.

On Friday, Israel’s military said it carried out two large waves of air strikes on Tehran and central Iran, targeting weapons production facilities and sites storing ballistic missile launchers and components. Israel faced multiple waves of missile attacks from Iran, according to the Israeli military, triggering air raid sirens in Tel Aviv and Jerusalem, where explosions from interceptions were heard.

Fragments from an Iranian missile struck Jerusalem on Friday, landing just outside the Old City, which is sacred to Christians, Jews, and Muslims, according to a photograph released by the police. There were no reports of injuries or casualties.

Kuwait’s state oil firm said its Mina Al-Ahmadi refinery had suffered multiple drone attacks that set some units alight, the latest energy facility hit by Iran in recent days.

TROOPS DEPLOY

Three US officials told Reuters that 2,500 Marines, along with the USS Boxer, an amphibious assault ship, and accompanying warships would deploy to the region, although they did not say what their role would be.

Two officials said there had been no decision on whether to send troops into Iran itself. Sources have earlier told Reuters that possible targets could include Iran‘s coast or Kharg Island oil export hub.

Trump said the United States was close to reaching its goals in the war, which include degrading Iran‘s military and preventing it from developing a nuclear weapon, and may wind down its military effort.

Trump also called US allies “cowards” for declining to help open the Strait of Hormuz while fighting continued in a conflict they were not consulted about beforehand.

Several allies have pledged to join “appropriate efforts” to ensure safe passage through the strait, but Germany and France have both said fighting must stop first. German Chancellor Friedrich Merz said he would speak to Trump this weekend.

The UK government authorized the US to use its bases in Britain to strike Iranian missile sites that are targeting ships in the strait.

END OF RAMADAN AND PERSIAN NEW YEAR

As Muslims around the region tried to celebrate Eid al-Fitr, which ends the fasting month of Ramadan, and Iranians marked Nowruz, the Persian New Year, new Iranian Supreme Leader Mojtaba Khamenei issued a message of defiance.

Khamenei, who has not been seen in public since the Israeli attack that killed his father and predecessor Ayatollah Ali Khamenei on the war’s first day, said Iranians had responded with unity and resistance and “dealt a disorienting blow to the enemy.”

US and Israeli officials say Iran can still hit back, even though weeks of bombing have severely weakened the government and depleted its stock of missiles and drones.

Iran‘s Revolutionary Guards said they had attacked Haifa and Tel Aviv with multi-warhead missiles and used drones to attack weapons stocks at US bases, including Sheikh Isa air base in Bahrain. No comment was immediately available from US forces.

The semi-official Iranian news agency Tasnim said intelligence minister Esmail Ahmadi was killed, the latest of dozens of leading figures assassinated by Israel.

“We have nobody to talk to,” Trump said. “And you know what? We like it that way.”

FUEL PRICES CLIMB AHEAD OF US ELECTIONS

Soaring US diesel and gasoline prices may hurt Trump’s core political support as his Republicans prepare to defend slim majorities in November’s congressional elections.

On Friday, the benchmark price of Brent crude oil was up slightly, near $110, after surging the day before on growing fears that the largest ever disruption to world energy supplies would trigger a global economic shock.

Flows of crude and petroleum have dropped by about 12 million barrels per day – roughly 12% of global demand – due to output cuts and export halts by Gulf producers.

Those barrels cannot easily be replaced by the industries that rely on them, and will be felt for months or even years.

A major Qatari gas field was disrupted by an Iranian strike, and Iraq on Friday declared force majeure on all oilfields developed by foreign oil companies.

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