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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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Maersk Tests Red Sea Route as Gaza Ceasefire Offers Hope
Containers are seen on the Maersk Triple-E giant container ship Majestic Maersk, one of the world’s largest container ships, next to cranes at the APM Terminals in the port of Algeciras, Spain, Jan. 20, 2023. Photo: REUTERS/Jon Nazca
Danish shipping company Maersk said on Friday that one of its vessels had successfully navigated the Red Sea and Bab el-Mandeb Strait for the first time in nearly two years, as shipping companies weigh returning to the critical Asia-Europe trade corridor.
The company stated that while it had no firm plans to fully reopen the route, it would take a “stepwise approach towards gradually resuming navigation” via the Suez Canal and the Red Sea. Maersk declined to further elaborate on its plans.
Maersk and rivals, including Germany’s Hapag-Lloyd, rerouted vessels around Africa’s Cape of Good Hope from December 2023 after Yemeni Houthi rebels attacked ships in the Red Sea in what they said was a show of solidarity with Palestinians in Gaza. The Iran-backed Houthis are an internationally designated terrorist organization.
The Suez Canal is the fastest route linking Europe and Asia and until the attacks had accounted for about 10% of global seaborne trade, according to Clarksons Research.
CMA HAS MADE LIMITED PASSAGES THROUGH THE SUEZ CANAL
French shipping firm CMA CGM has already made limited passages through the Suez Canal when security conditions allowed, with other operators similarly exploring resumption plans.
“Most carriers appear to be adopting a wait-and-see approach, monitoring developments, and any meaningful reopening would likely unfold gradually,” said Nikos Tagoulis, analyst at Intermodal Group.
The potential return of Maersk to the Suez Canal could ripple through the shipping sector, where freight rates have risen because the alternative route added weeks to transit times between Asia and Europe.
A recent ceasefire in the Gaza conflict has renewed hope of normalizing Red Sea traffic, though analysts note the fragility of the truce.
“By the end of 2026, we estimate things will start to look like they were before the Houthis attack started,” said Simon Heaney, a container industry analyst at Drewry Shipping Consultants. “The risk level has reduced, so they’re prepared to test the waters. But the Houthis aren’t particularly reliable.”
Maersk confirmed that one of its smaller vessels, Maersk Sebarok, had completed the first test transit through the Red Sea on Thursday and Friday, while stressing that no additional sailings were currently planned.
“Whilst this is a significant step forward, it does not mean that we are at a point where we are considering a wider East-West network change back to the trans-Suez corridor,” it said.
Niels Rasmussen, chief shipping analyst at ship-owner association BIMCO, projected that broader resumption of Suez Canal transits could result in a 10% drop in ship demand.
“The possibility of a return to Suez Canal routings looms large over the market outlook,” he said in a note published on Thursday.
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Israel Charges Russian With Allegedly Spying for Iran
Israel and Iran flags are seen in this illustration taken June 18, 2025. Photo: REUTERS/Dado Ruvic/Illustration
Israel has charged a Russian citizen with spying for Iran, including photographing Israeli ports and infrastructure under the direction of Iranian intelligence agencies, Israel‘s domestic security agency the Shin Bet said on Friday.
The Russian individual was then paid in digital currency, the agency said in a joint statement.
A decades-long shadow war between Israel and Iran escalated into a direct war in June when Israel struck various targets inside Iran, including through operations that relied on Mossad commandos being deployed deep inside the country.
Israel has arrested dozens of citizens who allegedly spied for Iran, in what sources told Reuters has been Tehran’s biggest effort in decades to infiltrate its arch foe.
The arrests followed repeated efforts by Iranian intelligence operatives over the years to recruit ordinary Israelis to gather intelligence and carry out attacks in exchange for money.
In a statement sent to media in 2024 following a wave of arrests by Israel of Jewish citizens suspected of spying for Iran, Iran’s UN mission did not confirm or deny seeking to recruit Israelis and said that “from a logical standpoint” any such efforts by Iranian intelligence services would focus on non-Iranian and non-Muslim individuals to lessen suspicion.
Iran has executed many individuals it accuses of having links with Israel‘s Mossad intelligence service and facilitating its operations in the country.
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His family was killed in Sydney. Hours later, he helped feed 600 unhoused people in LA.
Hanukkah on Bondi Beach was the coolest party of the year, recalled Yossi Segelman.
“There’s singing. There’s dancing. There’s sufganiyot … There’s clowns and petting zoos,” he said. “It brought all people together.”
Segelman, who was born in London, spent 16 years living in Sydney, and now resides in Los Angeles, used to attend the celebration every year.
It was Segelman who drew Rabbi Eli Schlanger, his childhood neighbor in London, to Australia almost 20 years ago. Segelman made the shidduch, or match, between Eli and his wife Chaya’s cousin. As they became family, Segelman and Schlanger also became close friends.
“He was just always happy … a rocket full of joy,” Segelman said. “I knew many people who were personally moved and touched and became more connected to Judaism and to Israel as a direct result of their impact and connection with Rabbi Eli.”
When Segelman logged on to WhatsApp on Sunday, he learned that terrorists had murdered Schlanger at the same yearly Hanukkah celebration. One of his nieces was in surgery.
“I had a number of other family members, nieces, nephews, who were ducking at the tables and had bullets whizzing overhead and had seen things that no one should ever see,” he said.
And yet hours later, Segelman, who is the executive director of the nonprofit Our Big Kitchen Los Angeles, still showed up to lead dozens of people in preparing 600 meals for Angelenos in need.
That Sunday was my second time volunteering at OBKLA. As I snapped on blue nitrile gloves and prepared to scoop meatballs from a tub of ground beef, I was stunned that Segelman felt capable of showing up with one family member dead and another on the operating table.
But he insisted, during the session and two days later when I came back to speak with him, that it’s precisely during dark times that a community needs a space to come together and serve others. As rising antisemitism and violent attacks like the one in Bondi might pressure Jews to turn inward, Segelman’s emphasis on both Jewish pride and welcoming all, no matter their background, offers us a path forward.
Giving back in times of crisis
Schlanger and Segelman both served as chaplains in Australia; Schlanger for corrective services and Segelman for the military.
“We were involved in the same thing and that is to try and bring peace, and comfort, and solace, encouragement, to those who found themselves in difficult situations,” Segelman said.
In parallel to his work as a chaplain, Segelman became involved as an early director of Our Big Kitchen in Sydney, which prepares meals for Australians in need. The organization’s Bondi kitchen is less than a mile from where Sunday’s terror attack took place. Though the food is kosher, most meals go to the broader community, and most volunteers aren’t Jewish.
A few years after moving to Los Angeles, at the height of the pandemic, the Segelman family sprung into action to distribute snacks to hospitals, unhoused people, and first responders. Their impulse to help has since grown into a smooth operation, one the Segelmans activated at full throttle during LA’s wildfires this year.
In his office, Segelman has a basket where he keeps empty rolls from the stickers volunteers use to package food. Each roll signified a thousand meals. The basket was overflowing. In the past year, Segelman said, OBK LA welcomed more than 24,000 volunteers who made 183,574 meals.
Segelman emphasized the impact of the meals not only on the recipients, but also on the volunteers who created them.
“Volunteering, it’s being hands-on. It’s a visceral experience. You’re immersing yourself in an act of goodness and kindness,” he said.
How we respond to terror
Segelman has more practice than most in taking action. But the attack in Sydney posed a new challenge.
“For me to get up Sunday morning and welcome everybody and do what we do usually at OBK with cheer and with love was not easy,” he said. But he knew that his job was “to inspire people, especially when the going gets tough, and to really transform those feelings of helplessness into hopefulness.”
When we spoke on Tuesday at noon, Segelman had just finished an event with 70 school kids, with more programs to come later that day. Schlanger’s funeral, which he would attend remotely, was at 4 p.m. His teenage niece’s operation was successful, though his entire family remained extremely traumatized.
Nevertheless, Segelman insisted the Hanukkah celebration must return to Bondi Beach.
“100%. Bigger and better,” he said. “To cancel events and close down events is contrary to the story of Hanukkah.”
“We need to continue doing what we’re doing, do it stronger, obviously be smart, be vigilant, but absolutely go out there and to continue to do what we do and do it proudly.”
When I asked if a terror attack like Sunday’s might complicate OBK’s practice of welcoming everyone into its kitchen, his answer was adamant: “We are an organization rooted in Jewish values of chesed, of tzedakah, and we’re proudly kosher, and we’re proudly based in the heart of the community. But we welcome absolutely everyone, both to volunteer and to receive a meal.”
Violence cannot shatter our empathy
To be proudly Jewish and yet welcome everyone is an essential message; one whose second component, I think, may be hard for some in our community to hear right now.
The brutality of Oct. 7, of the subsequent rise in antisemitism and terror like the kind unleashed in Sydney, rightfully activates Jewish fears. It also, however, threatens to make a drought of our empathy. At its very worst — as I’ve written about in the case of far-right Jews denying hunger in Gaza or using AI to spread hate — Jewish pain is contorted into a pretext to ignore others’ suffering or even inflict it on them.
But now is the time to lean into our values, not turn away from the rest of the world. Segelman’s message for all of us this Hannukah: Find a way to give our time in service to others, even if it’s just an hour a week, and to provide inspiration or love, even to just one other person.
On Sunday night, a few hours after the OBKLA event, my partner and I welcomed our friends, some Jewish, some not, for the first night of Hanukkah. We fried latkes and schnitzel. My hand shook, then steadied, as I sang and led a menorah lighting for the first time. The candle burned through its wick; yellow and blue wax dripping onto parchment paper. We sat in the gentle glow, affirming joy.
This Hannukah, Segelman and OBKLA show us that when faced with unimaginable violence, the best way to nourish our souls might be to come together, cook, and serve others.
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