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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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Russian Teen Assaulted Over Israeli Flag Photo as Antisemitism Concerns Mount, Amid Calls for Jews to Leave Country
Rabbi Pinchas Goldschmidt, former chief rabbi of Moscow and current president of the Conference of European Rabbis, on June 24, 2024. Photo: IMAGO/epd via Reuters Connect
A 15-year-old student at a school in Russia was brutally assaulted by classmates after posting a photo featuring an Israeli flag on social media, Russian media reported, leaving him with a serious eye fracture from an incident that has drawn public outrage and is now under criminal investigation.
Earlier this month, a high school student in St. Petersburg, a major city in northwestern Russia, was physically attacked by two classmates after changing his social media profile photo to one featuring an Israeli flag, according to a report by local News Channel 78 on Sunday.
One of the attackers allegedly harassed the boy over his profile picture, demanding that he remove it and apologize.
After a verbal confrontation in which the attacker threatened the boy and hurled insults, including references to the Holocaust, he allegedly demanded that the victim meet him in the bathroom to continue the discussion.
When the two boys met there, the assailant reportedly demanded that he apologize on his knees. The victim refused but said he was willing to apologize without being humiliated.
The attacker then struck him repeatedly in the face while another boy blocked the bathroom exit.
The victim had to be hospitalized after suffering a fracture to the eye socket and underwent surgery under general anesthesia to remove bone fragments.
After spending more than a week in the hospital, he is now receiving outpatient care, and his family is coordinating with school administrators on a transition to home-based schooling as recommended by his doctors.
The boy’s mother reported the assault to the police, prompting local authorities to open a criminal investigation for assault and battery.
This incident came after Pinchas Goldschmidt, who served as Moscow’s chief rabbi from 1993 to 2022, recently urged Jews to leave Russia and consider immigrating to Israel, citing a growing hostile climate and rising antisemitic attacks targeting the local Jewish community.
“I have long urged Russia’s Jews to consider aliyah, the return to Israel. The post-Soviet renaissance was extraordinary, but illusions of permanence ignore history,” Goldschmidt, president of the Conference of European Rabbis, wrote in an op-ed for The Jerusalem Post earlier this month.
“Now, more than ever, Russia’s Jews should heed the call to leave. Israel offers not just refuge but a homeland where Jewish life is sovereign, not contingent on geopolitical whims,” he continued.
Although the number of Jews leaving Russia has declined, the country still accounted for the largest number of immigrants to Israel in 2025, with roughly 8,300 arrivals, according to data released Monday by Israel’s Immigration and Absorption Ministry.
This figure marked a nearly 60 percent drop from 19,500 last year and a small fraction of the 74,000 who immigrated in 2022 following Russia’s invasion of Ukraine.
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Israel suspends operations of multiple humanitarian organizations in Gaza, including Doctors Without Borders
The Israeli Ministry of Diaspora Affairs is halting the operations of more than three dozen humanitarian groups in Gaza, including Doctors Without Borders.
The ministry announced on Tuesday that the affected organizations failed to meet its new requirements for non-governmental organizations providing humanitarian aid in Gaza, which were posted online in November. The requirements included providing a full list of its Palestinian employees.
“We emphasize that the registration process is intended to prevent the exploitation of aid by Hamas, which in the past operated under the cover of certain international aid organizations, knowingly or unknowingly,” wrote the Coordinator of Government Activities in the Territories (COGAT), which oversees aid in Gaza, in a post on X.
The ministry said that 37 of the NGOs working in Gaza did not have their permits renewed for the coming year, according to the Associated Press.
Mike Huckabee, the U.S. ambassador to Israel, posted a link to a Ynet article about the suspensions on X Tuesday, writing, “An ongoing scandal ignored by UN & European enablers shows why @Israel has to decertify some of the NGOs who have terrorists on their payroll.”
The suspensions, which will begin on Jan. 1, come as President Donald Trump has put pressure on Israeli Prime Minister Benjamin Netanyahu to usher the U.S.-brokered ceasefire deal between Hamas and Israel into its second phase, which would include the reconstruction of Gaza.
Speaking beside Netanyahu at a press conference Monday, Trump said that he believed reconstruction efforts in the enclave were “going to begin pretty soon,” adding that work to improve sanitary conditions had already begun.
But aid groups in Gaza have said that Israel has continued to block aid from entering the enclave as storms and flooding have battered the region’s residents in recent weeks.
Earlier this month, Doctors Without Borders warned in a blog post that Israel’s new registration guidelines “risk leaving hundreds of thousands of people in Gaza without lifesaving healthcare in 2026.” The United Nations’ Humanitarian Country Team also lambasted the requirements, writing that aid groups had warned they were “vague, politicised and impossible to meet without breaching humanitarian principles.”
But COGAT minimized the impact of the suspensions in its post, writing that “the implementation of the government decision will not result in any future harm to the volume of humanitarian aid entering the Gaza Strip.” It said that the combined contributions of the groups affected amounted to 1% of the total aid volume in Gaza.
In June 2024, Israel accused Doctors Without Borders, which is also known by its French acronym MSF, of employing a Hamas operative. In response, MSF said it was “deeply concerned by these allegations and is taking them very seriously.”
“MSF chose not to cooperate with the registration process and refused to provide Israel’s Ministry of Diaspora Affairs with a list of its employees, as required by a government decision,” the post continued.
This article originally appeared on JTA.org.
The post Israel suspends operations of multiple humanitarian organizations in Gaza, including Doctors Without Borders appeared first on The Forward.
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US Defends Israel’s Right to Recognize Somaliland, Likens Move to Palestinian State Recognition
A demonstrator holds an image depicting Israeli Prime Minister Benjamin Netanyahu as Somalis attend a demonstration after Israel became the first country to formally recognize the self-declared Republic of Somaliland as an independent and sovereign state, a decision that could reshape regional dynamics and test Somalia’s longstanding opposition to secession, in Hodan district of Mogadishu, Somalia, Dec. 28, 2025. Photo: REUTERS/Feisal Omar
The United States has defended Israel’s decision to recognize the self-declared Republic of Somaliland amid international backlash, comparing the move to the recognition of a Palestinian state by numerous countries.
“Israel has the same right to conduct diplomatic relations as any other sovereign state,” Tammy Bruce, deputy US ambassador to the United Nations, said during an emergency UN Security Council meeting on Monday.
Bruce’s comments came in response to widespread criticism of Israel’s formal recognition of the breakaway territory of Somaliland. Several Arab, Islamic, and African countries, organizations, and entities publicly rejected the move, as did other nations such as China. The European Union also opposed the decision, saying it “reaffirms the importance of respecting the unity, the sovereignty, and the territorial integrity” of Somalia.
US President Donald Trump has said he opposes recognition of Somaliland, and Bruce added on Monday that Washington had no announcement or change in American policy regarding the self-declared country. However, Bruce chided other nations for recently welcoming recognition of a “nonexistent Palestinian state” against Israel’s wishes while condemning Israel for its latest diplomatic move, calling out what she described as a “double standard” against the Jewish state.
“Earlier this year, several countries, including members of this council, made the unilateral decision to recognize a nonexistent Palestinian state. And yet, no emergency meeting was called to express this council’s outrage,” she noted.
Many Western countries — including France, the UK, Australia, and Canada — recognized a Palestinian state at the UN General Assembly in September, a move Israeli and US officials criticized as “rewarding terrorism.” Hamas praised the decision, even describing recognition as “the fruits of Oct. 7,” citing the Palestinian terrorist group’s invasion of and massacre across southern Israel on Oct. 7, 2023, as the reason for increasing Western support.
“This council’s persistent double standards and misdirection of focus distract from its mission of maintaining international peace and security,” Bruce said.
However, Slovenian Ambassador Samuel Zbogar, whose country has recognized Palestinian statehood, rejected Washington’s comparison.
“Palestine is not part of any state. It is illegally occupied territory, as declared by the International Court of Justice, among others,” Zbogar said, describing Somaliland as “part of a UN member state” and arguing that “recognizing it goes against” the UN Charter.
Israel on Friday became the first country to officially recognize the Republic of Somaliland as an independent and sovereign state.
Somaliland is an unrecognized state in the Horn of Africa, situated on the southern coast of the Gulf of Aden and bordered by Djibouti to the northwest, Ethiopia to the south and west, and Somalia to the east.
“The State of Israel plans to immediately expand its relations with the Republic of Somaliland through extensive cooperation in the fields of agriculture, health, technology, and economy,” Israeli Prime Minister Benjamin Netanyahu wrote in a post on X.
Although no other country has formally recognized Somaliland, several — including the United Kingdom, Ethiopia, Turkey, the United Arab Emirates, Denmark, Kenya, and Taiwan — have maintained liaison offices, allowing them to engage diplomatically and conduct trade and consular activities without full formal recognition.
“It is not a hostile step toward Somalia, nor does it preclude future dialogue between the parties. Recognition is not an act of defiance. It is an opportunity,” Israel’s Deputy UN Ambassador Jonathan Miller told the UN Security Council on Monday.
According to experts, the growing Israel-Somaliland partnership could be a “game changer” for Israel, boosting the Jewish state’s ability to counter the Yemen-based Houthi terrorist group while offering strategic and geographic advantages amid shifting regional power dynamics.
Unlike most other states in the region, Somaliland has relative security, regular elections, and a degree of political stability — qualities that make it a valuable partner for international allies and a key player in regional cooperation.
Last month, the Institute for National Security Studies (INSS), a prominent Israeli think tank, released a new report arguing that Somaliland’s strategic position along the Red Sea, its closeness to Houthi-controlled areas in Yemen, and its willingness to work with pro-Western states make it a key ally for Israel, benefiting both sides amid rising regional volatility.
“Somaliland’s significance lies in its geostrategic location and in its willingness — as a stable, moderate, and reliable state in a volatile region — to work closely with Western countries,” the INSS report said.
“Somaliland’s territory could serve as a forward base for multiple missions: intelligence monitoring of the Houthis and their armament efforts; logistical support for Yemen’s legitimate government in its war against them; and a platform for direct operations against the Houthis,” it continued.