Connect with us

Uncategorized

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.

Continue Reading

Uncategorized

The Sacred Power of Challah Bakes and Why I Keep Doing Them

A loaf of challah being prepared. Photo: Aish.

There I was last week, standing on the rooftop of the AISH Institute for Women’s Education, flour dusting my blue apron, watching dozens of young women with their hands kneading dough. The Jerusalem skyline stretched out behind us like God’s own backdrop for our first-ever challah bake at the new seminary in the heart of the city — an event I’ve dreamed of hosting for so many years.

I’ve often held these events in other locations — what I call my “ABCs of Challah Bakes” tour, from Amsterdam, to Brooklyn, to Cape Town, and everywhere in between.

I’ve literally been flown around the world to knead dough with Jewish women. Sounds crazy, right? But there’s something magical about hosting this on the rooftop of our newly inaugurated seminary with young women who have come from all over the world to study Jewish wisdom together.

Through this Challah bake, we joined tens of thousands of women who were participating in similar events in stadiums, synagogues, and community centers worldwide, each of us elbow-deep in flour. We shared something monumental that brought us together in a way that was both moving and invigorating. The Shabbos Project figured this magic out 12 years ago, and honestly, they struck gold.

Want to know the real secret to challah bakes? They’re the Jewish equivalent of a universal welcome mat. I’ve seen women show up who haven’t set foot in a synagogue in decades or ever. Women who don’t fast on Yom Kippur or attend a Passover seder. Women who would typically run from anything remotely religious. Yet somehow, they come out of the woodwork for challah bakes. It’s mind-blowing! Maybe it’s the smell of fresh bread, maybe it’s the laughter and camaraderie, maybe it’s just the promise of those sweet and sumptuous carbs for the special day of Shabbos, but they come, and that’s what matters.

Since October 7, these events have gained even more momentum. For two years, our hearts broke daily thinking about what’s been happening in Israel and what was transpiring for the hostages in Gaza. I believe it is because of the search for connection that many Jews felt after October 7th, that these challah bake gatherings have morphed into something even more powerful.

Women who felt disconnected were suddenly craving community. The simple act of kneading dough has become this beautiful act of resilience. We’re literally taking flour and water, and a few more basic ingredients, and creating something nourishing when so much around us feels impossibly out of control.

I’ve always been a believer in the spiritual side of challah baking — just ask my family. I’ve been preaching about it for years. But then came Ori Megidish’s story. Her mother baked challah and made a special blessing for her daughter’s safe return on October 27, 2023, while Ori was held hostage by Hamas, praying with every fold of her dough for her daughter’s safe return. Three days later, Ori became the first hostage rescued by the IDF. Social media went wild connecting the dots. It made challah bakes look pretty powerful, and women noticed.

This isn’t superstition, mysticism, or folklore; Jewish tradition actually teaches that the moment when we separate a small piece from our dough is an incredibly auspicious time for prayer. Standing there with dough on your hands, preparing food that will nourish people you love and separating a small piece in compliance with Jewish law, our sages teach, is precisely the moment when heaven’s paying extra close attention to our prayers.

At our rooftop event, we aimed those prayers toward healing, physical, mental, and spiritual, for everyone touched by this horrific conflict in addition to very personal, heartfelt prayers and blessings for two new brides in the group. There were belly laughs and quiet tears, sometimes from the same person within minutes.

These gatherings work because you walk away with something real, actual bread that fills your home with that Friday afternoon (aka “erev shabbos”) smell that takes you right back to your bubby’s kitchen. But you also leave with something you can’t Instagram: new friends, renewed purpose, and this crazy warm feeling that you’re part of something bigger than yourself.

That’s why I’ll keep doing these as long as I possibly can. Like I’ve witnessed at the Suzana and Ivan Kaufman AISH Institute for Women’s Education, I’ve watched shy women who came once reluctantly then return year after year with friends in tow. I’ve seen friendships form across decades and continents.

I’ve witnessed the power of flour and water to heal wounds you can’t see, and in a world desperate for healing, there’s something revolutionary about women performing this ancient ritual together. The challah feeds our bodies; the community and spirituality of the moment feed our souls. As we shape our dough, we’re reshaping our world, one prayer, one loaf, and one gathering at a time.

And who knows? With enough flour, faith, and friendship, we might just heal all that divides us.

Jamie Geller is the Global Spokesperson and Chief Communications Officer for AISH. She is a bestselling cookbook author, Jewish education advocate, and formerly an award-winning producer and marketing executive with HBO, CNN, and Food Network. 

Continue Reading

Uncategorized

ITV’s ‘Breaking Ranks’: The IDF Soldier Documentary That Broke From the Truth

Then-IDF Chief of Staff Lt. Gen. Herzi Halevi, center, speaking to commanders and soldiers in the Golan Heights on Dec. 13, 2024. Photo: IDF.

A new documentary airing on ITV, Breaking Ranks: Inside Israel’s War, claims to be “the story of the war in Gaza told by the soldiers who fought it.”

An insider account of war sounds promising, especially amid the flood of misinformation online from people who were never on the ground as IDF soldiers and have no experience of the reality of fighting a terrorist organization.

Yet, of all the thousands of soldiers, both in mandatory service and reserve duty, the documentary presents a carefully selected handful of soldiers to tell the story of what they believe really happened in Gaza.

But the story they tell distorts — if not entirely omits — key facts. The film overlooks the reality of what it means to fight a terrorist organization driven by an ideology of extermination, one that deliberately embeds itself among civilians to wage war from within their communities.

That didn’t stop other media outlets from jumping on allegations of war crimes, with outlets such as The Guardian and Independent publishing pieces based on the documentary’s conclusions. That the Tehran Times gleefully pounced on it as well tells a story in itself.

The War Against Hamas

While the film does spend a few minutes showcasing the horrific tragedies of the October 7, 2023, massacre led by Hamas, it quickly shifts its focus to alleged atrocities committed by the IDF in the aftermath.

From the very beginning, the IDF made it explicitly clear that the war was against terrorist organizations only – there was no deliberate targeting of innocent civilians in Gaza. The IDF has maintained this throughout the war, taking every measure possible to warn the civilian population of any potential danger, including sending leaflets before a targeted strike and creating civilian zones to ensure the safety of non-combatants.

The complexity of fighting a terrorist organization is largely overlooked throughout the film. At one point, the use of force in Gaza is called “unprecedented in combat in terms of the number of explosives dropped per square mile,” making it out to be worse than the bombings of Hiroshima and Nagasaki. What it fails to acknowledge is that Israel precisely targets terrorists and terrorist infrastructure.

Of course, for the documentary to accurately acknowledge the terrorist infrastructure in Gaza, it would have to spend a considerable amount of time discussing the vast tunnel network Hamas has built beneath the entirety of the Gaza Strip. However, this undeniable fact gets quickly glossed over. The filmmakers suggest the tunnels are merely used for “smuggling, warfare, and to avoid Israeli airstrikes.”

This framing subtly shifts blame onto Israel, as if Hamas’s need to “avoid” the Israeli air force is a defensive response rather than a deliberate strategy to wage war from beneath civilian areas. Terrorism? The inhumane holding and torture of hostages in clear violation of every facet of humanitarian law? Entirely unmentioned.

Breaking the Silence

The omission of the true purpose of the tunnels instead becomes spun into a claim based on hearsay that the IDF uses human shields in Gaza. Despite the IDF’s unequivocal denial of such allegations, this assertion is amplified by the interviewees.

However, this should come as no surprise, as one of the interviewees, under the name “Yaakov,” has previously espoused this claim to the New York Times via Breaking the Silence. This highly politicized Israeli organization spends less of its time trying to convince the Israeli public of its case and more on providing the foreign media with fodder to attack Israel.

While the organization seeks to “expose the public to the reality of everyday life in the Occupied Territories,” in reality, it relies on unverified and exaggerated claims provided by IDF soldiers, some of whom receive a paycheck from the organization and therefore may very well have ulterior motives.

“Yaakov” shared photos he took during his time in reserve duty in Gaza, including one now infamous photo that was previously shared in his New York Times article. The photo is said to display civilians who are used as human shields by the IDF when exploring the tunnel network. But the blurry and contextless image offers no evidence whatsoever to support such a serious accusation.

The credits of the documentary give special “thanks” to “Yaakov” from Breaking the Silence, revealing a clear bias in its sources in order to frame a specific narrative about the IDF as a whole. Instead of drawing on a range of credible voices – including a wide array of active-duty soldiers, independent analysts, and military experts – they elevate a figure tied to a controversial advocacy group with a record of misrepresentation.

Amplifying Non-Neutral Voices

“Yaakov” from Breaking the Silence is not the only biased source. Dr. Itamar Mann, a professor of international law at Haifa University, for instance, gives highly critical commentary on the IDF’s actions.

Dr. Mann is listed as an author and legal consultant on a report by Physicians for Human Rights (Israel), claiming there is genocide in Gaza. The organization has been known to spread false, distorted narratives as a way of delegitimizing Israel. In fact, in the immediate aftermath of October 7, the organization stated that it is our “human obligation to contextualize yesterday’s violence.

The documentary also brings in Amjad al-Shara, the director of the Palestinian NGO Network (PNGO), who refers to the IDF as the “occupation forces,” and is himself described as a “pro-Hamas” figure. PNGO has in the past supported terrorism and hosted conferences or speakers connected to the PFLP.

False Casualty Statistics and Disproved Claims

With the poor sourcing and reliance on problematic organizations, it is no surprise that the documentary also fell into the trap of repeating already thoroughly debunked claims about casualty statistics, genocide, and famine in Gaza.

At one point, the film refers to a previously debunked statistic from a so-called study by The Guardian and +972 Magazine, which claims that 83% of all casualties in Gaza are women and children. This figure is based on data from the Hamas-run Ministry of Health, creating a misleading comparison to the IDF’s confirmed count of 8,900 identified terrorists. By subtracting that number from Hamas’ unverifiable total of 53,000 casualties at the time, these outlets and the documentary falsely present the remaining 83% of casualties as civilians, echoing Hamas propaganda.

Naturally, given the bias of the documentary, the claims of genocide and famine are also leveled against Israel. Even though the definitions of both terms have been distorted in order to accuse Israel of such atrocities, the film presents these allegations as fact, rather than propaganda.

For a documentary to do its job and remain neutral on such serious allegations, the contrary evidence must be presented, but throughout the documentary, this was deliberately avoided.

War, especially against a terrorist organization that operates using guerrilla tactics, presents immensely challenging scenarios. In the fog of war, mistakes and errors of judgment can and do happen. But it is also true that the IDF has consistently held its soldiers to the highest of standards, investigating any wrongdoing as it occurs.

It would be naive to suggest that every soldier in the IDF or any other comparable army behaves in an exemplary fashion. In September 2024, The New Yorker published a database of what it said is the “largest known collection of investigations of possible war crimes committed [by the US military] in Iraq and Afghanistan since 9/11—nearly eight hundred incidents in all.”

Some of the alleged crimes include “the case of soldiers raping a fourteen-year-old girl and subsequently murdering her and her family; the alleged killing of a man by a Green Beret who cut off his victim’s ear and kept it; and cruelty toward detainees at Abu Ghraib prison and at the Bagram Air Base detention facility.”

All of this is not to claim that the IDF is necessarily more moral than the American military, although there is certainly a good case to be made. The point is that nobody would condemn the entirety of the U.S. Army as an immoral entity that brings shame to its country despite the behavior of a minority of its troops.

And ultimately, ITV’s documentary relies on a tiny number of Israeli soldiers as “eyewitnesses,” most of whom appear to have a political agenda backed by Breaking the Silence.

Rather than offering an honest insight into the complexities of modern warfare against a terrorist organization, the filmmakers chose a simplified, one-sided narrative of Israel’s supposed aggression. In doing so, ITV’s Breaking Ranks fails the very test it set for itself: to tell the story of the war “through the soldiers who fought it.” Instead, it tells a story already written — one shaped by bias, omission, and a refusal to confront the full truth.

The author is a contributor to HonestReporting, a Jerusalem-based media watchdog with a focus on antisemitism and anti-Israel bias — where a version of this article first appeared.

Continue Reading

Uncategorized

Musician-ethnographer Michael Alpert to receive Dreaming in Yiddish Award

Michael Alpert, an influential klezmer musician and ethnographer who has played a key role in the global renaissance of Yiddish music and culture, has been selected as this year’s recipient of the prestigious Adrienne Cooper Dreaming in Yiddish Award.

The ceremony will take place at the Dreaming in Yiddish Award Concert during the Yiddish New York festival — the largest annual Yiddish culture festival in the world — in December.

Now in its eleventh year, the hybrid festival brings together a global community for in-person events at Hebrew Union College in downtown New York, as well as online programming via Zoom. The festival includes concerts, workshops, lectures, films, Yiddish classes, dance parties and intergenerational community events.

Adrienne Cooper was a popular Yiddish singer, musician and activist who was integral to the revival of klezmer music. The Dreaming in Yiddish Award supports artists who have contributed to the contemporary Yiddish cultural scene.

Michael Alpert, also known by his Yiddish name Meyshke, received an NEA National Heritage Fellowship — the nation’s highest honor in the traditional and heritage arts — in 2015. He has been a pioneering singer, multi-instrumentalist, ethnographer and educator for over five decades. His award-winning work with ensembles including Brave Old World, Kapelye, Khevrisa and Itzhak Perlman’s In the Fiddler’s House has shaped generations of performers and listeners alike.

A native Yiddish speaker and cultural bridge between East European-born tradition bearers and contemporary artists, Alpert is celebrated both for preserving the roots of Yiddish folk and klezmer music and for composing a new body of Yiddish songs that speak to today’s world.

The Dreaming in Yiddish Award Concert — an evening of music, memories, and celebration — is sponsored by Yiddish New York and GOH Productions. It will take place on Wednesday, Dec. 24, 2025 at 7 p.m. ET at Hebrew Union College and will be livestreamed as well.

Register

 

The post Musician-ethnographer Michael Alpert to receive Dreaming in Yiddish Award appeared first on The Forward.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News