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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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ISIS Threat Surges Across Syria and Beyond, Raising Alarm Bells From Iraq to Sub-Saharan Africa
Islamic State – Central Africa Province released documentary entitled “Jihad and Dawah” covering group’s campaigns in northeastern Democratic Republic of Congo and battles against Congolese and Ugandan armies. Photo: Screenshot
US and Iraqi officials are warning of a resurgent terrorist threat posed by Islamic State (ISIS), with the number of militants in Syria reportedly soaring to 10,000 and regional instability raising concern from Iraq to Sub-Saharan Africa.
Earlier this week, Iraqi intelligence services sounded the alarm over the surging ISIS threat, warning of a sharp increase in the terrorist group’s fighters in northern Syria, the country’s western neighbor, and expressing growing concerns among officials.
In an interview with the Washington Post, Iraqi intelligence chief Hamid al-Shatri revealed that ISIS fighters in Syria have skyrocketed from roughly 2,000 to 10,000 in just one year.
This number far surpasses last year’s estimate in the UN Security Council report, which placed the total of ISIS fighters in Syria and Iraq at roughly 3,000 as of August.
“This represents a real danger for Iraq, because ISIS — whether in Syria, Iraq, or anywhere else in the world — is a single organization and will likely seek to establish a new foothold to launch attacks,” al-Shatri told the Washington Post.
He also noted that the terrorists who joined ISIS in Syria over the past year include men previously linked to Syrian President Ahmed al-Sharaa and al-Qaeda, many of whom have expressed dissatisfaction with the current political leadership.
As the Syrian government advances to retake territory long controlled by Kurdish forces, Iraqi officials are increasingly concerned about a resurgent ISIS threat.
In the wake of escalating violent clashes across Syria over the past few weeks, chaos erupted in regional prisons holding thousands of ISIS members, allowing many to escape into the desert.
Even though many escaped ISIS members were later recaptured, the Iraqi government rapidly deployed thousands of troops to bolster its border with Syria, warning that the threat of further attacks remained high.
Last week, the US military began relocating ISIS detainees from northeastern Syrian prisons, formerly controlled by the Kurdish-led Syrian Democratic Forces (SDF), to Iraqi facilities following the SDF’s withdrawal as Syrian government forces advanced into the area.
On Sunday, Iraqi Prime Minister Mohammed Shia al-Sudani said the decision to temporarily transfer ISIS detainees to local prisons aims to safeguard both Iraq’s national security and the stability of the broader region.
According to the US Central Command, around 2,500 ISIS fighters remained at large in Syria and Iraq in 2024, but no updates have been released since.
These latest warnings from the Iraqi government come amid rising concerns following the departure this month of the last US troops from Ain al-Asad Airbase in western Anbar province, bringing to a close a mission that had supported local forces in combating ISIS terrorism.
The United States is now focusing on Sub-Saharan Africa, where analysts have identified rising Islamist terrorist threats, making the region a central concern in the fight against global jihadist terrorism.
Last week, the deputy commander of US Africa Command (AFRICOM), Lt. General John Brennan, said Washington is stepping up equipment shipments and intelligence support to Nigeria as part of a wider government effort to strengthen its presence across the region and assist African forces in combating Islamic State-linked militants.
Brennan also revealed that the US military continues to engage closely with the armed forces of the junta-led Sahel nations — Burkina Faso, Niger, and Mali.
Under US President Donald Trump, “we’ve gotten a lot more aggressive and are working with partners to target … [regional] threats, mainly ISIS,” Brennan told reporters.
“From Somalia to Nigeria, the problem set is connected. So, we’re trying to take it apart and then provide partners with the information they need,” he continued. “It’s been about more enabling partners and then providing them equipment and capabilities with less restrictions so that they can be more successful.”
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Antisemitism Witnessed by 78% of EU Teachers in Classrooms, UN Survey Finds
Krakow, Poland – Oct. 5, 2024: Pro-Palestinian activists in front of the Institute of Sociology at Jagiellonian University. Photo: Artur Widak via Reuters Connect
Teachers across the European Union are witnessing antisemitism as a near daily social occurrence in the classroom and the workplace, according to a new survey issued by the United Nations Educational, Scientific, and Cultural Organization (UNESCO).
Released on Tuesday, the survey of 2,030 teachers found that 78 percent have “encountered at least one antisemitic incident between students,” and 27 percent have “witnessed nine or more such incidents.” It added that 61 percent saw students promoting Holocaust denialism, while others had students who drew or wore Nazi symbols. Forty-two percent witnessed “other teachers being antisemitic.”
“Hate speech, notably antisemitism and Holocaust denial, has reached levels not seen since World War II,” UNESCO Director-General Khaled El-Enany said in a statement. “Most teachers have never received specific training to confront this reality, including the consequences related to AI development. UNESCO provides policymakers with unique tools to empower teachers in more than 30 countries — from classrooms and campuses to sports clubs — and soon even more.”
Included in a UNESCO report titled “Addressing Antisemitism Through Education: A Survey of Teachers’ Knowledge and Understanding,” the survey comes amid a global rise in antisemitism following Hamas’s Oct. 7, 2023, massacre across southern Israel.
Since then, many European antisemitic incidents have occurred on college campuses, including someone assaulting a group of Jewish students while shouting “Zionist fascists” at the University of Strasbourg and the University of Vienna hosting an “Intifada Camp,” a pro-Hamas encampment. At the Free University of Brussels campus in Solbosch, a pro-Hamas group illegally occupied an administrative building and renamed it after a terrorist. Elsewhere across Europe, anti-Zionists damaged property to the tune of hundreds of thousands of Euros, desecrated Jewish religious symbols, graffitied Jewish students’ dormitories with swastikas, and carried out gang assaults on Jewish student leaders.
Violence in the streets of Europe’s major cities is also a regular occurrence. In July 2025, a group of people wielding knives attacked Jews walking home from an event on the Greek island of Rhodes; in Davos, Switzerland a man spat on, attacked, and verbally abused a Jewish couple— an offense he reportedly perpetrated multiple times against other Jewish people.
European governments are responding to the antisemitism crisis by paying closer attention to its linkage with the politics and ideology of anti-Zionism, a connection many political leaders hesitated to acknowledge and which UNESCO, despite having exuded anti-Zionist hostility in the past, also cited as a leading cause of rising antisemitism.
“Almost half of teachers (43.6 percent) had encountered students articulating hateful comments in relation to the State of Israel either once or twice, or often,” the report, summarizing the survey results, stated. “Hateful comments targeted at the State of Israel might not necessarily be antisemitism and may be motivated by other forms of hostility. However, comments motivated by hate are significantly more likely to include prejudice, or incite further dehumanization and violence.”
The document added, “Moreover, the prevalence of emotionally charged comments around the conflict in the Middle East highlights the salience of this topic and the need for targeted training and guidance for teachers on how to handle difficult conversations in an increasingly polarized environment.”
Across the Atlantic, teachers in the US have seen a surge of antisemitism in K-12 schools.
According to another survey conducted by the StandWithUs Jewish advocacy organization, 61.6 of teachers have been both targets and witnesses of antisemitic conduct in a professional setting. Meanwhile, nearly half suffered antisemitism perpetrated by their teachers unions, purportedly their advocates and representatives in collective bargaining.
School districts, obligated to comply with civil rights laws which proscribe discrimination, fail at prevention, according to the data. Of the 65 percent of respondents who said they are required to take anti-bias trainings, only 10 percent said those trainings address antisemitism.
“This first of its kind empirical study sought to understand antisemitism experienced by Jewish educators in K-12 education. Over 60 percent of respondents reporting that they personally experienced or witnessed antisemitism in their profession is an astounding number,” StandWithUs data and analytics director Dr. Alexandra Fishman said in a statement. “StandWithUs is deeply committed to rigorous research that serves both academic and lay audiences.”
Civil rights groups have argued that pushing anti-Zionism in the classroom can have a profound impact on students, who in many cases perpetrate antisemitic incidents. On Thursday, for example, local media reported that two 15-year-olds were arrested on suspicion of having graffitied 60 swastikas all over a playground in Brooklyn, New York.
Follow Dion J. Pierre @DionJPierre.
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City of Austin Enshrines ‘CAIR Day’ After Texas Designates Islamic Group as Terror Organization
CAIR officials give press conference on the Israel-Hamas war. Photo: Kyle Mazza / SOPA Images/Sipa USA via Reuters Connect
The city of Austin, Texas has declared Jan. 22 as “CAIR-Austin Day,” honoring a controversial organization that has been designated by multiple US states as a terrorist group and scrutinized by federal authorities over alleged ties to Hamas.
On Thursday morning, the local holiday was announced with a proclamation at city hall acknowledging the efforts of civic and community engagement by the Council on American-Islamic Relations (CAIR), a nonprofit organization that advocates on behalf of Muslim Americans.
Representatives of the group praised the decision.
“Our proclamation today, declaring Jan. 22 as CAIR-Austin Day, means a lot, not only to the CAIR-Austin staff and board members, but for the whole Muslim community in our city statewide,” CAIR said in a statement.
The proclamation came about two months after Texas Gov. Greg Abbott formally designated CAIR and the Muslim Brotherhood as terrorist organizations under state law, citing in part what officials described as longstanding ideological and operational ties with Islamist movements hostile to the US and its allies.
Abbott’s proclamation described CAIR as a “successor organization” to the Muslim Brotherhood and noted the FBI called it a “front group” for “Hamas and its support network.” The document also outlined the history of the organizations and their historical associations with figures and networks tied to Hamas, an internationally designated terrorist group.
“The Muslim Brotherhood and CAIR have long made their goals clear: to forcibly impose Sharia law and establish Islam’s ‘mastership of the world,’” Abbott said in a statement while announcing the designations last month. “These radical extremists are not welcome in our state and are now prohibited from acquiring any real property interest in Texas.”
In response, the Dallas-Fort Worth and Austin chapters of CAIR sued Abbott and the state’s attorney general, Ken Paxton, arguing the proclamation “chills” their freedom of speech and association under the First Amendment of the US Constitution and “retaliates against” them for exercising such rights. The CAIR chapters asked the court to stop the state from enforcing the designations and requested “compensatory damages,” according to the complaint.
Paxton responded by filing an affidavit defending the Texas proclamation, arguing in part that the terrorist designation is a lawful national-security measure aimed at protecting Texans from extremist influence, not a violation of free speech.
Texas Agriculture Commissioner Sid Miller lambasted Austin’s decision to honor CAIR.
“Austin’s proclamation of Jan. 22 as ‘CAIR-Austin Day’ is an outrageous disgrace and a blatant surrender to radical ideology that’s hijacked city hall. This is pure political theater, shoving left-wing activists ahead of hard-working Texas families,” he said in a statement. “CAIR isn’t some harmless community group. Gov. Abbott and Attorney General Paxton have branded it a foreign terrorist organization under Texas law, citing ironclad ties that endanger America and our allies.”
CAIR has drawn scrutiny over its alleged history of lending material support for foreign terrorist groups. In the 2000s, CAIR was named as an unindicted co-conspirator in the Holy Land Foundation terrorism financing case. Politico noted in 2010 that “US District Court Judge Jorge Solis found that the government presented ‘ample evidence to establish the association’” of CAIR with Hamas.
According to the Anti-Defamation League (ADL), “some of CAIR’s current leadership had early connections with organizations that are or were affiliated with Hamas.” CAIR has disputed the accuracy of the ADL’s claim and asserted that it “unequivocally condemn[s] all acts of terrorism, whether carried out by al-Qa’ida, the Real IRA, FARC, Hamas, ETA, or any other group designated by the US Department of State as a ‘Foreign Terrorist Organization.’”
US Sen. Tom Cotton (R-AK) has called on the Internal Revenue Service (IRS) to investigate CAIR’s status as a nonprofit organization, arguing the group has ties to Hamas and the Muslim Brotherhood, two internationally designated terrorist groups.
CAIR has denied any ties to Hamas or other terrorist organizations, portraying itself as a civil rights group defending Muslim Americans.
Additionally, CAIR leaders have also found themselves embroiled in further controversy since Hamas’s Oct. 7, 2023, atrocities in southern Israel.
The head of CAIR, for example, said he was “happy” to witness Hamas’s rampage of rape, murder, and kidnapping of Israelis in what was the largest single-day slaughter of Jews since the Holocaust.