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

U.S. and Iran announce direct Lebanon track without Israel

(JTA) — Following tense high-level negotiations over the weekend, mediators in Switzerland announced Monday morning that Washington and Tehran have agreed on a 60-day roadmap toward ending the war.

The joint statement released by mediating countries Qatar and Pakistan also unveiled the creation of a Lebanon deconfliction mechanism. According to the mediators, this entails a direct U.S.-Iranian track to terminate military operations in Lebanon and includes the Lebanese government but not Israel. The mediators did not explain how that would operate or resolve the current hostilities between Israel and Hezbollah.

Throughout the weekend Jerusalem, which watched the talks and the announcement from the sidelines with concern, doubled down on its hardline stance against Iran and its proxy group Hezbollah.

Speaking to reporters in Switzerland Monday before returning to Washington, U.S. Vice President JD Vance clarified that Israel had the right to self-defense, but that “every other nation in the region has the right of self-defense” as well. The mechanism was to resolve direct violations of the ceasefire between Israel and Hezbollah, Vance explained, indicating that it augmented the ongoing diplomatic work.

“We also want to make sure that, you know, when things happen, they don’t spiral into a broader escalation,” he said, adding that “there really hasn’t been a mechanism to have those discussions until basically around 4 p.m. yesterday.” He said that the U.S. had been in constant contact with Israel on Sunday.

Prior to Vance’s statement, the Israeli government delivered its first overt criticism of the diplomatic efforts taking place at the Bürgenstock resort in Switzerland.

Addressing the Jerusalem News Syndicate Conference in Jerusalem Monday, Israeli President Issac Herzog said any negotiations to end the Israel-Lebanon conflict should be done by the two countries themselves and not “by Iranian extortion.”

He added, “Tying Iran to Lebanon not only leaves Israel exposed to constant threat; it leaves the Lebanese weak and powerless, and will prevent their president and government from moving forward.”

Herzog also noted that direct talks were already taking place between Lebanon and Israel in Washington under the auspices of the State Department. The next round of negotiations is scheduled for Tuesday, which Herzog said is designed to empower the Lebanese army to be the sole military force in its country. Hezbollah and Iran are not a party to those talks.

“The disarmament of Hezbollah must be inherent to any solution in Lebanon, and Iran cannot dictate the future of Lebanon – on these fundamental points there is full agreement between Israel and Lebanon,” Herzog stated.

He also thanked President Donald Trump for his efforts on Israel’s behalf, calling him “our closest friend and ally and leader of the free world.”

The Lebanese Presidency said Monday that President Joseph Aoun had received a phone call from US Vance, senior adviser Jared Kushner and Qatari Prime Minister Sheikh Mohammed bin Abdulrahman bin Jassim Al Thani, but did not clarify when that call occurred.

According to the Lebanese statement, the discussion focused on “consolidating the ceasefire in Lebanon, halting the Israeli military escalation, and the steps that must be taken in this regard, including the possibility of forming a cell for this purpose.”

The ongoing fighting between Israel and Hezbollah and the IDF’s presence in southern Lebanon has been a point of tension throughout the ceasefire deal between the U.S. and Iran. The shaky ceasefire has been in place since April 8 after Israel and the U.S. started the war on Iran at the end of February.

In early March, Iranian proxy Hezbollah joined in by attacking northern Israel. Jerusalem has maintained that the Lebanese front needs to stay separate and has continued to take aggressive retaliatory action against Hezbollah despite the U.S. imposing a separate ceasefire in Lebanon as well.

Meanwhile, Qatar and Pakistan said the U.S.-Iran memorandum included the establishment of a “High Level Committee” to oversee negotiations aimed at a roadmap “towards reaching a final deal within 60 days, laying the foundation for the immediate commencement of further technical talks” on Iran’s nuclear program, sanctions and dispute resolution. These were the first formal discussions as part of the new U.S.-Iran Memorandum of Understanding, with Vance representing Washington.

The vice president told reporters Monday that Sunday “was a very, very good day. We made a lot of good progress; we did exactly what we wanted to do,” including securing an agreement from Iran that inspectors from the International Atomic Inspection Agency be allowed back into Iran.

Negotiators also created a mechanism to ensure that the Straits of Hormuz remain open, Vance said, downplaying reports of disputes between the American and Iranian teams.

However, Iranian media reported that members of Tehran’s delegation briefly left the room during Vance’s remarks after learning that Trump was issuing threats against Iran following Iran’s announcement on Saturday that it planned to once again close the Strait of Hormuz.

Vance said it was true the Iranians had threatened to walk out, but in the end they stayed and negotiated until the early hours of the morning.

Trump told Fox News in a phone call on Sunday morning that he had spoken with Iran overnight and said that if the country closed the Strait, he would “blow the s— out of them.” Fox News also reported that Trump had said, “You won’t even make it back to your f—— country.” 

Trump also posted on his Truth Social account on Sunday that unless Iran stops supporting Hezbollah, “We’ll hit Iran very hard again, just like we did last week, only harder!!!” 

Iranian officials reportedly responded to what they termed U.S. “verbal threats,” saying that “any form of threat is considered a serious violation of the agreement.” 

Iranian Foreign Minister Abbas Araghchi said Sunday the talks had delivered “major progress to end [the] Lebanon War,” and added that discussions included oil exports, sanctions relief, frozen Iranian assets and reconstruction plans. 

On Sunday, however, Prime Minister Benjamin Netanyahu declared, “We will remain in the security zone in southern Lebanon for as long as it takes in order to protect the residents of the North.”

Vance on Monday said that Israel would have to withdraw, but only when it can do so safely. The Trump administration, he explained, hoped to reach a situation where both Lebanon’s territorial integrity and Israel’s security were protected, noting that Israel itself has said it doesn’t have permanent “territorial intentions” with regard to southern Lebanon.

In separate remarks at Sunday’s JNS International Policy Summit, Netanyahu said, “We have prevented Iran from carrying out a plan to annihilate us. We removed an existential danger.” He added, “We changed Israel’s security doctrine. We initiate. We attack. We surprise.”

Directly addressing the U.S.-Iran negotiations, he added, “No matter what happens in the talks, with an agreement, without an agreement, I pledge to you that Iran, as long as I am prime minister, will never have a nuclear weapon. Never.”

This article originally appeared on JTA.org.

The post U.S. and Iran announce direct Lebanon track without Israel appeared first on The Forward.

Continue Reading

Uncategorized

Years after a boycott fight, Ben & Jerry’s Israel debuts a flavor celebrating Israeli resilience

(JTA) — Ben & Jerry’s Israel operation has come up with a flavor that does not leave much to interpretation. Called “Milk and Honey,” a nod to the biblical description of the Land of Israel, its namesake ingredients are supplied by Israeli cows and bees and its chocolate fudge pieces come shaped like Stars of David.

The company, which split from its American counterpart after a contentious 2021 boycott fight, is billing the new pint as its “most Israeli flavor ever” and, on its website, as a “symbol of hope, rehabilitation, and positive action” after the Hamas-led Oct. 7 attack.

Its ingredients and production come from southern Israeli communities most affected by the massacre and the war that followed. The company, based in the southern city of Kiryat Malachi, said it “felt a responsibility to take an active part in the region’s recovery process.”

The milk and cream come from the dairy in Kibbutz Alumim, one of the Gaza-border communities infiltrated by Hamas terrorists on Oct. 7, 2023. The honey comes from the beehives of Kibbutz Yad Mordechai. The chocolate Stars of David are made by hand at the Korint factory in Beersheba, part of the Shkulo Tov social enterprise, which helps integrate people with disabilities into the workforce.

Even the wrapper is local: the pint is adorned with “Fields of Light,” a painting by Rivi Doron-Gerloy, a southern Israeli artist who was killed in a Miami car accident last year.

The flavor was developed in partnership with the Ayalim Association, a nonprofit that works to strengthen Israel’s periphery. The company said royalties from sales of the new flavor will go to Ayalim’s rehabilitation and educational initiatives in the south.

The Israeli and American Ben & Jerry’s operations are now completely separate, a split that followed one of the more improbable diplomatic dramas ever to involve ice cream. In 2021, Ben & Jerry’s said it would stop selling in Israeli settlements in the West Bank, saying sales there were “inconsistent” with its values.

The move set off an uproar in Israel. President Isaac Herzog called the boycott a “new kind of terrorism,” while Benjamin Netanyahu, then opposition leader, retweeted the company’s announcement that it would stop selling in the “Occupied Palestinian Territories,” writing, “Now we Israelis know which ice cream NOT to buy,” alongside Israeli flag and flexed-bicep emojis.

The original founders, Ben Cohen and Jerry Greenfield, who no longer control the company but remain its best-known faces, also came under fire after the decision. In an interview, they were asked why the boycott logic did not extend to places such as Georgia and Texas, despite their opposition to those states’ voting rights and abortion laws.

“Why do you still sell ice cream in Georgia? Texas?” Axios reporter Alexi McCammond asked in a video that went viral on pro-Israel platforms.

Clearly stumped, Cohen shrugged his shoulders. “I don’t know,” he said, laughing. “You ask a really good question and I think I’d have to sit down and think about it for a bit.”

Unilever’s then-chief executive, Alan Jope, also appeared to suggest that Israel had become an inconveniently sticky scoop of activism. “There is plenty for Ben & Jerry’s to get their teeth into in their social justice mission without straying into geopolitics,” he reportedly said in a quarterly earnings review at the time.

The standoff ended, at least commercially, when Unilever, Ben & Jerry’s parent company, sold the Israeli business in 2022 to Avi Zinger, the longtime Israeli licensee and owner of American Quality Products. The sale was accompanied by a legal fight that was inflamed when Zinger told an Israeli news outlet that, once he took control of the company in Israel, he could rename the signature flavor “Chunky Monkey” to “Judea and Samaria,” the Hebrew term for the West Bank.

Under the ultimate deal, Ben & Jerry’s could continue to be sold throughout Israel and in Israeli settlements, under Hebrew and Arabic branding, while the Vermont-based company said it disagreed with the move and would no longer profit from Israeli sales.

The split left the Israeli operation in an unusual position: carrying one of the most recognizable American ice cream names, while openly defying the political stance associated with that name abroad.

But the corporate restructuring has not been enough to cleanse the palate for everyone. On social media, the new flavor drew curiosity and praise, but also lingering resentment from those who said the brand name still carried too much baggage, even under Israeli ownership.

“I really don’t care if it’s owned by someone other than Ben and Jerry in Israel. Those two clowns’ names are still associated with the brand. I wouldn’t spend a penny for this ice cream regardless. That brand is done,” one person wrote on Instagram.

“We’ve been eating Häagen-Dazs since October 7th,” another said.

Last year, Cohen announced that he planned to produce a “flavor for Palestine” independently after Unilever blocked Ben & Jerry’s from creating one, soliciting suggestions about what should accompany watermelon, a symbol of Palestinian solidarity, in his concoction.

“Milk and Honey” has come to market faster. So does the new flavor deliver a taste of the Holy Land?

One food influencer, who called the new flavor a “statement,” offered a less scriptural verdict on the taste, shrugging that it “tastes like vanilla with chocolate chips” — a conclusion echoed by others in Israeli food aficionado groups, who lamented that the honey was barely noticeable.

One commented, referring to dairy-free desserts made to comply with kosher laws prohibiting the mixing of milk and meat: “Not the tastiest thing I’ve ever eaten, but not as bad as a pareve dessert either.”

This article originally appeared on JTA.org.

The post Years after a boycott fight, Ben & Jerry’s Israel debuts a flavor celebrating Israeli resilience appeared first on The Forward.

Continue Reading

Uncategorized

Mamdani calls AIPAC ‘monsters’ in rally ahead of NY primaries

(JTA) — New York City Mayor Zohran Mamdani on Thursday night accused the American Israel Public Affairs Committee of spending “millions in dark money” to ensure pro-Israel candidates win seats in tthe November midterms.

Mamdani made his remarks at a rally headlined by Sen. Bernie Sanders (I-VT) at Kings Theater in Brooklyn ahead of Tuesday’s Democratic primaries for progressive congressional candidates. He called on the crowd to help elect Jewish former New York City Comptroller Brad Lander, State Assembly member Claire Valdez and former Columbia encampment organizer Darializa Avila Chevalier. 

In a fiery 30-minute speech, Mamdani took aim not just at AIPAC but also Israeli Prime Minister Benjamin Netanyahu and his handling of the war in Gaza. He claimed that  “The monsters that we are up against, they take many different forms,” and then singled out AIPAC.

He described the major pro-Israel lobby as an organization “for whom the only thing more frightening than democracy being allowed to run its course is an end to genocide and Netanyahu’s wars.”

Mamdani continued by alleging that AIPAC moves “millions in dark money to accomplish a single goal, to preserve their power so that they can turn us against one another instead of our leaders turning towards the moral change we all know to be necessary.”

AIPAC did not respond to a request for comment about Mamdani’s remarks.

The lobby, whose endorsement was once heavily sought by politicians on both sides of the aisle, has increasingly come under fire for its campaign tactics. Pro-Israel Democrats are particularly struggling to hold onto seats as voters on the left increasingly turn against the Jewish state.

Sanders, for his part, doubled down on criticism of AIPAC when he took the stage. “The American people understand that a large part of our horrific foreign policy is impacted by AIPAC funding,” he said.

Turning to the local races, Mamdani voiced support for Valdez for her opposition to Israel. “When other Democrats chose to look the other way as Netanyahu committed war crimes, Claire didn’t just name the genocide,” he said. “She organized for a ceasefire.”

In a change of tone, Mamdani emphasized unity, including an appeal to Jewish voters.

“Whether you worship at shul, at a mosque, in a church, a gurdwara, a temple, or you don’t worship at all, we share a belief that our city deserves leaders who lead with hope and not fear,” the mayor said.

He added, “No matter where we live, how old we are, what train we take in the morning, or what bagel we order, we are New Yorkers and we want the same things,” including “a city that belongs to all of us.”

Reaction on social media was swift. One self-described mom from New York City posted on X of the rally and the Democratic Socialists of America there: “It’s pretty transparent and vile how Zohran Mamdani and the DSA are using ‘AIPAC’ as a euphemism for Jews, and how Brad Lander is going right along with it.”

Jewish writer Dovi Safier also criticized the comments, writing, “The mayor of the city with the world’s largest Jewish population is pushing conspiracy theories about ‘money men’ who ‘move millions in dark money’ to ‘turn us against one another’ — and calling them ‘monsters.’ Subtle.”

This article originally appeared on JTA.org.

The post Mamdani calls AIPAC ‘monsters’ in rally ahead of NY primaries appeared first on The Forward.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News