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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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Anti-Hamas Militias Vow to Continue Fight in Gaza as Israel Stands Firm on Disarmament, Turkey’s Post-War Role
The head of an anti-Hamas faction, Hussam Alastal, fires a weapon in the air as he is surrounded by masked gunmen, in an Israeli-held area in Khan Younis, in the southern Gaza Strip, in this screenshot taken from a video released Nov. 21, 2025. Photo: Hussam Alastal/via REUTERS
Anti-Hamas groups in Gaza have vowed to continue fighting the ruling Palestinian terrorist group despite the recent killing of their most prominent commander, reporting new recruits as Hamas continues to resist mounting international pressure to disarm.
Ghassan al-Dahini, successor to Yasser Abu Shabaab in Gaza’s Popular Forces, pledged to continue Abu Shabaab’s project and resist Hamas by establishing an alternative to the group’s rule, after his predecessor and confidant died last week while mediating an internal dispute within the group.
Dahini described Abu Shabab’s death as a “grave loss,” saying his followers would “continue on this path and move with the same strength and even more strength.”
“I assure all who support the goals of the Popular Forces that our position is strong and that, God willing, we will become the most powerful force,” he told Israel’s Channel 14.
Abu Shabab, a Bedouin tribal leader based in Israeli-held Rafah in southern Gaza, had led one of the most prominent of several small anti-Hamas groups that emerged in the enclave during the war that began more than two years ago.
Following his death, Hamas said in a statement that the fate of anyone who “betrayed their people and homeland and agreed to be an instrument in the hands of the occupation [Israel]” was inevitable, accusing Abu Shabab of “criminal acts” that amounted to a “flagrant deviation from national and social consensus.”
In an attempt to exploit the situation, the terrorist group gave militants a 10-day ultimatum to surrender in exchange for promises of amnesty, according to Israel’s Channel 12 and reports on social media.
Abu Shabab’s death would appear to be a boost for Hamas, which had branded him a collaborator and ordered its fighters to kill or capture him.
Shortly after the US-backed ceasefire to halt fighting in Gaza took effect in October, Hamas moved to reassert control over the war-torn enclave and consolidate its weakened position by targeting Palestinians who it labeled as “lawbreakers and collaborators with Israel.”
Since then, Hamas’s brutal crackdown has escalated dramatically, sparking widespread clashes and violence as the group moves to seize weapons and eliminate any opposition.
Social media videos widely circulated online show Hamas members brutally beating Palestinians and carrying out public executions of alleged collaborators and rival militia members.
Following Abu Shabab’s death, Hossam al-Astal, commander of the Counter Terrorism Strike Force, another anti-Hamas faction in Khan Younis, said his group would join forces with the Popular Forces, adding that both leaders had “agreed the war on terror will continue.”
“Our project, new Gaza … will move ahead,” al-Astal told Reuters.
The militia commander had previously told The Algemeiner in late October that his group and three allied militias, including Abu Shaba’s group, had coordinated in recent weeks to secure areas vacated by Hamas. He explained that the four Israel-backed militias fighting Hamas were moving to fill the power vacuum, pledging to cooperate with most international forces involved in rebuilding the enclave but vowing to resist any presence from Qatar, Turkey, or Iran, all of which have supported Hamas for years.
For its part, Hamas vowed to keep pursuing collaborators “until this phenomenon is eradicated.”
They “are protected by the occupation army in the areas where these forces are present, which makes it difficult for the security apparatuses,” Hamas spokesperson Hazem Qassem told Reuters.
Meanwhile, as Hamas tries to avoid disarmament and rejects international calls to surrender its weapons, Israel continues to maintain a firm stance, vowing that the Islamist group “will be disarmed” under US President Donald Trump’s peace plan.
Senior Hamas leader Khaled Mashal said the group is open to a temporary weapons “freeze” but rejects the demand for full disarmament outlined in the US-backed ceasefire deal.
“The idea of total disarmament is unacceptable to the resistance,” the terrorist leader said in an interview with Qatari media outlet Al Jazeera on Wednesday.
“What is being proposed is a freeze, or storage [of weapons] … to provide guarantees against any military escalation from Gaza with the Israeli occupation,” he continued.
Instead of immediately surrendering its weapons, as stipulated in the ceasefire deal, Hamas is proposing a long-term ceasefire of up to ten years and a freeze on its arsenal, provided that Israel fully withdraws from Gaza “and ends its campaign of extermination.”
According to a Hamas official cited by Palestinian media, the group will prevent any attacks on Israel during the proposed extended truce, which also calls for significant reconstruction efforts and expanded humanitarian aid in the war-torn enclave.
However, Israel has upheld its hardline position, rejecting Hamas’s proposals and declaring that “there will be no future for Hamas” under Trump’s 20-point peace plan.
“The terror group will be disarmed, and Gaza will be demilitarized,” an Israeli government official told AFP on Thursday.
Under phase one of Trump’s peace plan, Hamas was required to release all remaining hostages, both living and deceased, who were kidnapped by Hamas-led Palestinian terrorists during the group’s invasion of and massacre across southern Israel on Oct. 7, 2023.
In exchange, Israel freed thousands of Palestinian prisoners, including many serving life sentences, and partially withdrew its military forces in Gaza to a newly drawn “Yellow Line,” roughly dividing the enclave between east and west. The Israeli military controls 53 percent of Gazan territory, while Hamas is cracking down on the remaining 47 percent, where the vast majority of the population is located.
The second stage of the peace plan is supposed to establish an interim administrative authority, a so-called “technocratic government,” deploy an International Stabilization Force (ISF) to oversee security in Gaza, and begin the demilitarization of Hamas.
As the international community moves to implement phase two of the ceasefire deal, Turkey has continued to push to join the multinational task force and play a role in postwar Gaza, as Ankara seeks to expand its influence in the region — a move experts warn could potentially bolster Hamas’s terrorist infrastructure.
However, Israel has consistently opposed any role for Turkish security forces in postwar Gaza, reportedly creating a point of tension with Washington, which appears receptive to Ankara’s request.
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Prized Sketchbook at Palace of Versailles Was Stolen by Nazis During WWII, Investigation Reveals
The Palace of Versailles. Photo: Sandrine Marty / Hans Lucas via Reuters Connect
The Palace of Versailles said it will conduct further research into the origins of a sketchbook owned by French painter Jacques-Louis David after a recent investigation revealed that it was stolen by the Nazis during World War II before joining France’s national collection.
Radio France said on Monday that it launched an investigation into the provenance of the prized sketchbook after being contacted by a descendant of its original owner. The broadcaster said just “a few weeks” later, it had compiled enough evidence to support the descendant’s claim about the sketchbook being looted by the Nazis during the war.
The evidence relies on public data accessible online, such as diplomatic archives and the French Holocaust Memorial’s database of Nazi-stolen property. France’s Ministry of Culture admitted that both the ministry and the Palace of Versailles did not know the sketchbook was stolen by Nazis during World War II, but they vowed to “continue research on this notebook and have discussions with the descendants of the owners.”
The Ministry of Culture told Radio France that in the Palace of Versailles, a team of three people are “actively working and reviewing works in the collections to verify their provenance” but the team “had not yet examined this notebook.”
A relative of the sketchbook’s original owner took Radio France he was shocked when he discovered by chance that the Nazi-looted sketchbook was a part of the collection at Versailles. “It’s a key work by David, and the Palace of Versailles does a lot of publicity around these notebooks … So, I’m very surprised that there isn’t more research into their provenance,” he said. “At the moment, there are 100 police officers looking for jewels stolen from the Louvre while to return the works stolen – and there are many at the Louvre and other museums – I find that the means are very, very low.”
The sketchbook dates back to 1790 and includes drawings, sketches, and notes related to one of David’s most famous works, “The Tennis Court Oath” (1790), a painting about the French Revolution that was never finished. The painting belongs to the Palace of Versailles but is currently on display in the Louvre as part of its limited time exhibition that celebrates the 200th anniversary of David’s death. The sketchbook is not part of the exhibit.
German Nazi soldiers stole an entire library, including David’s sketchbook, from Professor Lereboullet in July 1940 when they occupied his home. Lereboullet’s daughter Odile reported the theft in November 1945 to the Commission for Art Recovery (CRA), a French public body responsible for recovering and returning looted pieces of art to their rightful owners or their heirs. She never received a response from the CRA. The sketchbook reappeared in January 1943, when it was sold at auction by the Karl & Faber art gallery in Munich, Germany. It came into the possession of German Jewish art dealer and art historian Otto Wertheimer. A former German professor of art history and curator at the National Museum in Berlin, Wertheimer himself fled Nazi persecution and settled in Paris in 1944. He became a well-known art dealer who provided museums with masterpieces and missing pieces of European art. He sold the David sketchbook to the Palace of Versailles in 1951.
The Palace of Versailles has previously returned only one Nazi-looted item to its original owners: a small Louis XVI era writing table that was returned in 1999.
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Israeli Singer Noa Kirel Blasts Anti-Israel Boycotts of Eurovision Contest: ‘Letting Politics Ruin the Celebration’
Noa Kirel performing “Unicorn” for Israel at the first semifinal at the 2023 Eurovision Song Contest. Photo: ESC/Sarah Louise Bennett
Israeli pop star Noa Kirel lambasted the countries that have decided to boycott the 2026 Eurovision Song Contest because of Israel’s participation, defended her country’s involvement in the competition.
On Wednesday, Iceland joined Ireland, Spain, Slovenia, and The Netherlands in announcing that it will pull out from next year’s Eurovision in protest of Israel’s participation due to its military actions in the Gaza Strip during its war against Hamas terrorists. The war started after Hamas-led terrorists carried out a deadly massacre in southern Israel on Oct. 7, 2023.
Ireland, Spain, Slovenia, and The Netherlands made their announcement last week after the European Broadcasting Union, which organizes the competition, decided to allow Israel to participate in the song contest.
Kirel, who represented Israel in the 2023 Eurovision and finished in third place, told the BBC podcast “The World Tonight” on Wednesday she was “deeply disappointed” that countries have decided to withdraw from the 2026 Eurovision, set to take place in Vienna, Austria, in May. She spoke to the podcast before news broke about Iceland’s withdrawal.
“Eurovision is a bridge, not a wall, and the heart of this competition is to connect hearts through music,” she said. “Unfortunately, some countries are letting politics ruin the celebration. Israel has not violated any rules of the Eurovision. Israel is a peace-seeking nation.”
Kirel also clarified key details about the deadly Hamas-led terrorist attack in southern Israel on Oct. 7, 2023, which launched the Israel-Hamas war in Gaza. “On Oct. 7, Israel did not attack anyone,” the singer noted. “Israel was brutally attacked in a way unseen before. Entire families were murdered, including children. Civilians were kidnapped. Israel defended itself like any other nation would do and those countries are choosing to see the opposite, to ignore the reality. And to boycott Israel – that is antisemitism. I think boycotting Israel on political fronts – it’s not just an injury to us; it’s an injury to everything that Eurovision represents.”
Kirel further noted that claims about Israel manipulating votes during the 2025 Eurovision are total “nonsense” and added, “Instead of searching for excuses for [Israel’s] success, let’s focus on music.”
Wednesday was the deadline for countries to confirm whether they will join the 2026 Eurovision or withdraw without being penalized. Eurovision Director Martin Green said, “We respect the decision of all broadcasters who have chosen not to participate in next year’s Eurovision Song Contest and hope to welcome them back soon.”
Iceland’s national broadcaster RÚV said it believes Israel’s participation in the Eurovision has “created disunity among both members of the European Broadcasting Union and the general public.”
“There is no peace or joy connected to this contest as things stand now. On that basis, first and foremost, we are stepping back while the situation is as it is,” added RÚV Director-General Stefan Eiriksson.
Israel has won the Eurovision Song Contest four times, most recently in 2018, and came second in last year’s contest.