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

Jewish freelance journalist Emily Wilder is detained as Israeli military intercepts Gaza aid flotilla

(JTA) — Jewish freelance journalist Emily Wilder, reporting for Jewish Currents, a progressive Jewish publication, was detained by the Israeli military on Monday while covering an aid flotilla bound for Gaza.

Wilder set sail from Italy last week aboard The Conscious, one of dozens of boats that aimed to reach Gaza and deliver humanitarian aid to the besieged enclave.

But that effort was cut short when Wilder, along with the other journalists and aid workers on her voyage, was intercepted by the Israeli military and detained. The military has intercepted, detained and deported activists sailing to Gaza multiple times in recent weeks.

Jewish Currents has been staunchly against the war in Gaza, calling Israel’s campaign there a genocide and advocating for the Palestinian cause. In an email to subscribers, publisher Daniel May said the publication sent Wilder on a flotilla because of the value of the reporting she could produce.

“Jewish Currents commissioned Emily’s reporting because we know that Israel’s unprecedented restrictions on journalists have facilitated the war crimes perpetrated in Gaza,” May wrote. “We also know that the flotillas are an important story in themselves.”

Wilder was a member of Jewish Voice for Peace and Students for Justice in Palestine, both anti-Zionist groups, as a student at Stanford University, from which she graduated in 2020. The next year, she was fired from the Associated Press in 2021 due to her social media posts about the Israeli-Palestinian conflict. Since then, according to her LinkedIn, she has worked as a freelancer and a human rights researcher.

Wilder was also documenting the voyage on her Instagram account, which has not posted an update since she and her crew were detained.

“Today, the @gazafreedomflotilla’s Conscience sets sail from the boot of Italy, with hopes of bringing ~70 media and medical workers across the Mediterranean to Gaza’s shores amid Israel’s blockade on international press and killing of doctors and journalists,” wrote Wilder last week in a post.

Israel’s foreign ministry blasted the flotilla participants in a post on X Tuesday.

“Another futile attempt to breach the legal naval blockade and enter a combat zone ended in nothing,” the post read. “The vessels and the passengers are transferred to an Israeli port. All the passengers are safe and in good health. The passengers are expected to be deported promptly.’

In the email, May directed readers to sign a Change.org petition calling for her release and to urge the California native’s representatives, including Democratic Sens. Adam Schiff and Alex Padilla, to advocate for her.

Last week, dozens of other boats that were part of the Global Sumud Flotilla were also intercepted, and hundreds of participants were detained and later deported, including Swedish activist Greta Thunberg who alleged that she had been “kidnapped and tortured” by the Israeli military. (Another flotilla effort including Thunberg was intercepted by the Israeli military in June.)

“My office has now confirmed that a second flotilla carrying vital humanitarian aid … has been intercepted, and nearly 145 passengers and crew detained,” wrote California Democratic Rep. Jimmy Comez in a statement. “Among the detained is my constituent Emily Wilder, a member of the press, who was reporting on the flotilla’s attempt to bring humanitarian aid to the people of Gaza.”

The post Jewish freelance journalist Emily Wilder is detained as Israeli military intercepts Gaza aid flotilla appeared first on The Forward.

Continue Reading

Uncategorized

Tel Aviv’s Hostages Square is transformed by cautious optimism — and gratitude for Trump

(JTA) — TEL AVIV — The mood at Tel Aviv’s upscale Gindi Fashion Mall was divided between anticipation and disbelief on Thursday afternoon, in the wake of news of a hostage deal that could end the Gaza war and bring the remaining hostages home.

At a kiosk across from a Chanel boutique, fruit vendor Amit Bonen said she had learned not to trust good news too quickly. “I have optimism, but it’s filled to the brim with pessimism,” she said. “I won’t believe anything until I see it with my own eyes.”

Her colleague, Rinat, nodded in agreement. “You can’t trust those terrorists,” she said. “Who knows what trick they have up their sleeve?”

But Or, en route to a cosplay event, dismissed the caution. “Why not celebrate?” he said. “The hostages will come home. They’ll leave people in Gaza alone. What’s not to love?”

A few blocks away, Hostages Square looked transformed. For nearly two years it had been a gathering place for families of hostages and their supporters and for vigils marked by grief. On Thursday it was filled with songs that had become the soundtrack of wartime resilience — “Am Yisrael Chai,” “Machshavot Tovot,” “Ve’od Yoter Tov.” Impromptu circles of dance formed. American flags fluttered beside effigies of Donald Trump and handmade posters thanking the American president, who helped broker the agreement. Children leaned over folding tables, coloring “welcome home” notes for returning hostages.

Ariel Vinter, from Jerusalem, led the crowd in singing. The past two years had strengthened her faith, she said, which she leaned on to cope with the loss of her cousins, Ofir Tzarfati check sp and Tchelet Fishbein, who were killed on Oct. 7 at the Nova festival and Be’eri, respectively.

“I haven’t digested what happened to them. I don’t think I ever will,” she said. “But I know the families will only be able to heal when Eviatar and Guy are back,” referring to Evyatar David and Guy Gilboa Dalal, who were with Tzarfati when he was killed and who were taken hostage to Gaza.

Michel Illouz, whose son Guy was abducted from the Nova festival and later confirmed killed in Gaza, harbored no doubts about the news.

“I 100% know we are ending this war,” he said. “Everyone must understand that the only option is by peace and not war. For the Israeli side and Palestinian side.”

He would only find peace, he said, once he saw his son’s body. “I want to touch him. I want to make this closure.”

He added: “From this trauma, from this holocaust, we will have a great future for all our nation,” he added.

“We would never be here right now without him,” referring to Trump.

Nearby, well-wishers lined up to embrace relatives of the hostages. A woman who asked to hug Meirav Gonen, mother of freed hostage Romi Gonen, told her, “All along you were the source of strength for all of us to fight for you.”

Afterward, she told JTA: “They’re so strong. Why shouldn’t we be? It’s a matter of hours now. Nothing else matters. We can finally return to life.”

Gonen said the families were united by a shared determination. “Of course we’re holding our breath,” she said. “But this time it’s different. Everyone is together on this. You can feel it. Everything is aligned for this to happen.”

Her daughter’s release during a January ceasefire had not ended her own sense of obligation for the hostages.

“It’s a hole that hasn’t been filled,” she said. Like others, she credited Trump: “We couldn’t have done this without him.”

Among those taking part in the celebrations was Anat, a founding member of Bo’u, a volunteer movement formed in late 2024 to push for a hostage-release deal.

“For the first time, I feel I can breathe,” she said. “But it was all down to us — the Israeli people. We made Trump understand that most Israelis wanted the war to end — that our values, unlike the government’s, are about responsibility to one another. We were all partners in bringing them home.”

Some people came to the square for the first time. Doron Katz, who was freed from captivity with her daughters in the first hostage deal in November 2023, said she had stayed away until now. “It was too hard before,” she said. “But now, seeing people smiling and dancing — it’s very moving.”

Nechamit, who traveled from Netanya with nine friends, called it “a historic day.” Her friend, Ariella, described the atmosphere simply as “celebratory.”

“We’re ready to give Trump the Nobel Peace Prize for this,” she said.

Nearby, Tova Gohar waved a giant American flag. She said she came to “thank Trump for forcing Israel and the Arab countries into signing the deal. He’s a businessman, he knows how to do deals.”

Activists planned to sustain activities in the square in the coming days, as Israeli lawmakers sign off on the deal and the public awaits the hostages’ return. Prayers will be held in the square on Shabbat, and the public is invited to bring their Friday night dinners to create a communal experience.

Fourteen-year-old Noam Salame, from Karnei Shomron, said he was thinking about what the hostages would experience when they returned.

“I’m just imagining Bar Kupershtein seeing his father speak for the first time,” he said. Bar’s father, Tal, was left unable to speak after a stroke five years ago and has since regained his voice — a recovery he said came from determination to bring his son home, after Bar was abducted from the Nova festival.

“And of Ziv and Gali Berman watching Maccabi Tel Aviv’s ascent in the [Euroleague],” he added, referring to the 27-year-old twins, both avid soccer fans, who were kidnapped by Hamas from Kibbutz Kfar Aza.

The post Tel Aviv’s Hostages Square is transformed by cautious optimism — and gratitude for Trump appeared first on The Forward.

Continue Reading

Uncategorized

Jewish groups welcome ceasefire plan as a step toward a ‘lasting regional peace’

(JTA) — Jewish organizations across the ideological spectrum offered cautious optimism following the announcement of the first phase of a Gaza peace agreement, expressing profound relief at the planned return of hostages living and dead and tentative hopes that the plan might lead toward lasting regional peace.

As for what such a last peace might look like, only groups that have consistently advocated for a two-state solution offered a specific vision, putting their hopes in a solution that is implicit in the Trump administration’s 20-point peace plan, but which Israeli Prime Minister Benjamin Netanyahu rejects adamantly.

Nearly all the organizations noted that the war began with Hamas’s deadly attacks on Israel on Oct. 7, 2023, and urged “vigilance” that Hamas would uphold its side of any agreement. 

“This development represents a hopeful step toward resolving the conflict, securing the release of all hostages, and establishing the conditions for lasting peace and security in the region,” read a statement by Betsy Berns Korn and William C. Daroff, the chair and CEO, respectively, of the Conference of Presidents of Major American Jewish Organizations. “This moment demands unity, resolve, and the moral clarity to ensure that peace and security endure and every hostage returns home.”

Federations similarly welcomed the deal for its humanitarian implications, with the Jewish Federations of North America saying “our prayers are answered — not completely, for the pain of loss remains — but with the long-awaited promise of healing, renewal, and hope.”

Groups also thanked the Trump administration for brokering the deal. The American Israel Public Affairs Committee said in its statement that it “applauds President Trump and his negotiating team for this tremendous achievement and for working together with Israel to broker this peace plan.”

AIPAC also framed the last two years as an affirmation of the “enduring partnership between the United States and our ally Israel,” despite cracks that showed during the Biden administration and to a lesser extent under Trump. 

A lobbying group that tends to reflect the policies of the sitting Israeli government, AIPAC also spoke in brief of what some are calling “the day after,” saying that the peace deal “creates a tremendous opportunity to forge a better future for Israelis, Palestinians, and people across the Middle East.”

J Street — the advocacy group often described as the progressive counterpart to AIPAC — did not mention the two-state solution in a statement by its president, Jeremy Ben-Ami. But Ben-Ami did urge the parties to take steps toward realizing the “full US-backed 20-point plan — one that ensures Israel’s security, ends Hamas’s reign of terror, delivers a massive surge of humanitarian aid and sets the region on a path toward a comprehensive and permanent peace.”

In the 19th point of its 20-point plan, the White House suggested without making any pledges that “the conditions may finally be in place for a credible pathway to Palestinian self-determination and statehood, which we recognise as the aspiration of the Palestinian people.” And while a number of key European allies recently recognized a Palestinian state, the idea has been effectively stalled and faces formidable obstacles on the ground, including strong opposition by both the current Israeli government and key segments of the Israeli and Palestinian publics. 

Other groups were more explicit in reiterating the two-state solution. The Israel Policy Forum, founded to advance the idea of two states, said it hoped the agreement might pave the way for “rekindled Israel-Arab diplomacy, a reformed Palestinian Authority with new, empowered, and legitimate leadership, an eventual expansion of the Abraham Accords that advances Israel’s integration in the Middle East, and the pursuit of a viable political horizon to the Israeli-Palestinian conflict based on two states.”

The Reform movement, in a statement signed by the leaders of its rabbinical, congregational and seminary arms, also hoped the ceasefire would create the conditions for renewing a solution which the statement acknowledged “feels remote at this point.” Nevertheless, according to the statement, “a two-state solution in some configuration must remain the worthy, long-term goal for Israelis and Palestinians as they contemplate a future with safety, dignity, and hope for all.”

Further to the left, Jewish groups welcomed the return of the hostages but also reiterated their criticism of Israel’s prosecution of a war whose death toll, according to the Hamas-controlled Gaza health ministry, surpassed 67,000.  

Partners for Progressive Israel called the agreement “a victory for the hostage families in Israel and their supporters” as well as “the many international bodies who have sought to hold Hamas and this Israeli government accountable for the war crimes perpetrated in the last two years.”

While few right-leaning groups commented on the deal in the hours after its announcement, which also coincided with the end of the first two days of Sukkot, Religious Zionists of America-Mizrachi welcomed the news, calling it “a potentially hopeful step toward restoring calm and securing the release of Israeli hostages.” 

RZA-Mizrachi’s president, Steven M. Flatow, whose daughter Alisa Flatow was killed in a suicide bombing near a Jewish settlement in the Gaza Strip in 1995, also warned that “Hamas’s word is worth little.” He cautioned that any plan’s success “depends entirely on whether Hamas and its supporters can be trusted to abide by their commitments—a lesson history teaches us to approach with clear eyes.”

The post Jewish groups welcome ceasefire plan as a step toward a ‘lasting regional peace’ appeared first on The Forward.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News