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‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming
(JTA) — In a country that is deeply divided, where attending anti-government protests has become a weekly ritual for many, at least one idea still unites the right and left: Israel appears to be hurtling toward a constitutional crisis.
The crisis — which Prime Minister Benjamin Netanyahu termed a “governmental breakdown” during a recent visit to Germany — would flow from legislation Netanyahu is pushing that would overhaul Israel’s judiciary. The proposal — which critics say threatens Israel’s democratic character — would increase the coalition’s control over the appointment of Supreme Court judges, and would enable Israel’s parliament, the Knesset, to override court decisions with a simple majority.
A constitutional crisis occurs when a country faces an unsolvable dispute between competing branches of government. Countries have recovered from constitutional crises in the past — the United States has had several over the centuries, including multiple ones related to the leadup to the Civil War and its aftermath — but the process can be difficult, and mistrust long-lasting.
In Israel’s case, what happens if the Knesset passes the judicial legislation, the Supreme Court strikes it down, and the Knesset doesn’t abide by that decision? Does the court or Knesset hold final authority?
However that question is answered, just getting to that point would represent a dramatic breakdown in a 75-year-old democracy. “The very idea that the government might not comply, might ignore the Supreme Court’s decision, would be an unprecedented crisis,” said Michal Saliternik, a law professor at Netanya Academic College.
In that dangerous moment, some Israelis see opportunity. In a perhaps ironic twist, Israel is on the precipice of a constitutional crisis but doesn’t actually have a constitution. It’s a risky bet, but a battle between the court and the coalition, said international law scholar Tamar Megiddo, might just force Israel into the long and arduous process of writing a governing document and figuring out how to balance the country’s competing authorities.
“The entire constitutional system here is held together by duct tape,” said Megiddo, who teaches at the College of Law and Business outside Tel Aviv. “It’s ridiculous. We have no protection of our constitutional regime, no protection of our separation of powers, no protection of checks and balances and no protection of human rights. The only reason this functioned for the past 75 years is because there was good faith.”
She added, “I think a lot of people view the current constitutional moment, or the realistically likely constitutional crisis, as also an opportunity for fixing everything that’s broken in the system.”
When asked how a clash between the government and courts could come to a head, those scholars and others all individually sketched out versions of the same scenario: The government passes a law giving itself control over judicial appointments, the court strikes down the law — and the government appoints new judges anyway. When those judges arrive for their first day of work, should the security guards let them in? Who should the guards obey — the government that appointed the judges, or the courts that declared their appointment illegal?
While that question is being debated, the courts may not be able to hear cases at all.
“At the end of the day, the state needs to function,” Saliternik said. “The courts have work to do. If the judges can’t enter their chambers, it will definitely impact everyone. It’ll be like a third world country in which institutions don’t function.”
The law on judicial appointments may be passed next week, and for rank-and-file Israelis, both Saliternik and Megiddo said, this question would hardly be theoretical. If Israel’s system of government descends into crisis, it could lead to a downgrade in the country’s credit rating and an economic downturn that ordinary citizens feel in their pockets. And given how invested Israelis have become in the face of the judicial reform — protesting in the streets by the hundreds of thousands — it’s unlikely they’ll ignore what ensues if and when it passes. Israeli President Isaac Herzog, who has a reputation for congeniality, gave a pained speech last week warning of the potential for civil war.
“If the court issues a ruling and the government does not comply, then the Israeli public will say, ‘This is the ultimate proof that this is not a democracy anymore,’” Saliternik said. “I say this with trepidation, but if there’s an open battle between the Supreme Court and the Knesset, it could result in street violence.”
Megiddo said that even the possibility of such a crisis has normalized tactics that were once on the fringe, such as refusal to perform military service, a duty seen as sacrosanct across much of Jewish Israeli society. Israeli Defense Minister Yoav Gallant reportedly warned that the possibility of mass refusal to serve could cause him to leave his post. On Tuesday, a group of military reservists said they plan to recruit tens of thousands more who will pledge to shirk reserve duty if the legislation goes through.
“People who refuse service were considered, in the Israeli public, to be a very extreme minority, and now it’s mainstream to say that people won’t serve the military for a dictatorship,” Megiddo said. “It’s unbelievable how mainstream saying that at the moment is, and that has long-term impact.”
Both supporters and opponents of the legislation in the Knesset are treating a constitutional crisis as a real possibility. The only thing they disagree about is who will be to blame — and both sides appear to be raising the stakes, vowing either to disobey government decisions, or disregard the court.
“The security situation is troubling,” said former Defense Minister Benny Gantz, an opponent of Netanyahu, in a speech last week referencing escalating violence between Israelis and Palestinians, and urging Netanyahu to pause the court legislation. “Don’t drag us into an irresponsible constitutional crisis during a security crisis.”
Netanyahu’s allies, unsurprisingly, say it is the opponents of the reform — and the justices of the court themselves — who would be responsible for a constitutional crisis, should the court strike down the law.
Striking down the reform legislation would be a “doomsday weapon,” wrote Dror Eydar, a columnist for the pro-Netanyahu tabloid Israel Hayom, in a piece titled “Inviting a constitutional crisis.” “This striking down would constitute a coup d’etat.”
(Another column four days later in the same publication, however, urged a compromise on the judicial reform in order to avert a constitutional crisis. That piece was written by Miriam Adelson, whose husband Sheldon — the late billionaire philanthropist — founded and funded the paper.)
Netanyahu’s coalition members are still worried enough about the prospect of a constitutional crisis that they’ve agreed to what they refer to as a “softening” of one piece of the legislation. Instead of giving the coalition total control over Supreme Court appointments, the new text of the bill would let the coalition control its first two judicial appointments.
“There’s no doubt that the change we made prevents any real claim that can create a constitutional crisis,” said Justice Minister Yariv Levin, who is spearheading the legislation, on an Israeli news show on Monday.
A view of the Israeli Supreme Court in Jerusalem. (Eddie Gerald via Getty Images)
But then he threw down the gauntlet: If the court still overturns the law, Levin said, “That would cross every red line. We definitely wouldn’t accept it.”
Responding to that claim, Yair Lapid, the leader of the parliamentary opposition, said that if the government disobeys the court, citizens should disobey the government.
“That’s it, the masks are off. The gun is on the table,” Lapid tweeted. “The real prime minister, Yariv Levin, is drawing us into total chaos and a constitutional crisis we won’t be able to come back from. If the justice minister is calling on the government not to obey the law, why should the citizens of Israel obey the government?”
Another Likud lawmaker, Economy Minister Nir Barkat, said he would respect the court’s ruling if it struck the law down. But in any case, the Likud bill doesn’t appear to be a promising avenue toward compromise. “This isn’t softening and compromise, this is Hungary and Poland on steroids,” Labor Party Chair Merav Michaeli said on a radio program on Monday, referring to countries where the government has increased its control over the court system. “From the start, I said we can’t negotiate with them.”
A predecessor of Michaeli’s in the Labor Party has also taken a hard line and — unlike the many voices who worry about a clash of government authorities — has suggested that he would prefer a constitutional crisis to compromise. Ehud Barak, a former Israeli prime minister, said that a constitutional crisis would force senior Israeli military commanders to take sides — and expressed confidence that they would choose to obey the courts.
“It would be a severe constitutional crisis,” Barak said in a speech last month. “That’s when the test of the gatekeepers and defenders of sovereignty would arrive: The head of the Shin Bet, the police commissioner, the chief of staff and the head of the Mossad. I’m convinced that they understand that in a democracy, the only choice is to recognize the supremacy of law and the Supreme Court.”
The mounting threats by military reservists, and comments by former military commanders opposing the court reform, may indicate that the military will opt to follow the court. But Saliternik hopes that’s a choice Israeli forces won’t have to confront.
“This is something that has never happened in Israel,” she said. “It’s so very hard to think about. I very much hope that that government will get a hold of itself and act responsibly.”
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The post ‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming appeared first on Jewish Telegraphic Agency.
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How wrong I was about the young Ukrainian with the Chabad yarmulke
מײַן מאַמע, עליה השלום, פֿלעגט מיר זאָגן, אַז בעסער איז טראַכטן גוטס וועגן אַ שלעכטן מענטשן, איידער שלעכטס — וועגן אַ גוטן.
ניט איין מאָל אין פֿאַרלויף פֿון מײַן לעבן האָב איך זיך אָנגעמאַכט צרות און צומאָל זיך צעקלאַפּט ביז בלוט מײַן אייגענעם פּרצוף, זיך באַמיִענדיק פֿאָלגן די דאָזיקע עצה. עס זײַנען געווען פֿאַלן, ווען איך בין אָפּגעטראָטן פֿון דעם דאָזיקן פּרינציפּ, און איך באַדויער דאָס טאַקע.
הײַנט אַרבעט איך ווי אַ פֿאָרשטייער פֿון דער ייִדישער אַגענץ אין מאָלדאָווע מיט ייִדישע — און צומאָל מיט ניט־ייִדישע — פּליטים פֿון אוקראַיִנע. מײַן אויפֿגאַבע איז פֿאַרשנעלערן דעם פּראָצעס פֿון זייער אַרויספֿאָרן קיין ישׂראל. הונדערטער פּנימער, הונדערטער גורלות. כּמעט אויסשליסלעך — פֿרויען מיט קינדער און זקנים. ניט זעלטן זקנים, וועלכע האָבן איבערגעלעבט אַלס קינדער די צווייטע וועלט־מלחמה. צו מאָל — קינדער, וועלכע שרעקן זיך פֿון דעם, וואָס איך רעד אויף רוסיש מיט אַ מאָסקווער אויסשפּראַך. אַזוי רעדן דאָך רוסישע מערדער.
דאָס גאַנצע באַזיניקטע לעבן מײַנס בין איך געווען אַ ייִדישער נאַציאָנאַליסט און איך בלײַב אַזאַ ביז איצט. איך בין ניט קיין „רוסישער“ ייִד, הגם איך בין געבוירן געוואָרן אין מאָסקווע און רעד רוסיש, ווי אַ מאָסקווער גוי. איך בין ניט קיין „אוקראַיִנישער“ ייִד, הגם מײַן מאַמע איז געבוירן געוואָרן אין פּיריאַטין אין דער פּאָלטאַווער געגנט, און איך רעד גאַנץ נישקשה אוקראַיִניש.
איך בין אַ ייִדישער ייִד. מײַן היימלאַנד אינעם סאַמע טיפֿסטן זין פֿונעם וואָרט „היים“ איז ישׂראל, און קיין שום בירגערשאַפֿט, חוץ דער ישׂראלדיקער, האָב איך ניט און דאַרף איך ניט. אָבער דאָ און איצט זע איך אַן אַבסאָלוט בייז און אַן אַבסאָלוט גוטס, וועלכע מעקן אָפּ גרענעצן פֿון נאַציאָנאַליטעטן און צווינגען זיך צו דערמאָנען, אַז מיר אַלע זײַנען בני־אָדם, אַז מיר זײַנען געבוירן געוואָרן מענטשן און מוזן שטרעבן צו בלײַבן מענטשן. טאַקע יענץ, וואָס אויף ייִדיש רופֿט מען „אַ מענטש“.
זיך אומקערנדיק צום אָנהייב, צו מײַן מאַמעס עצה — שלאָג איך זיך על־חטא: נעכטן אין איינעם פֿון די פּונקטן אין אוקראַיִנע, וווּ עס זײַנען צײַטווײַליק אײַנגעאָרדנט די ייִדישע פּליטים, האָב איך זיך פֿאַרנומען מיט מײַן אַרבעט. צו מיר איז געווען אַ גאַנץ גרויסע ריי. צווישן די, וואָס האָבן געוואַרט אין דער ריי, האָט זיך געוואָרפֿן אין די אויגן אַ יוגנטלעכער מיט אַ חב״דישער יאַרמלקע. „מסתּמא אַ דעזערטיר, וואָס אַנטלויפֿט פֿון מאָביליזאַציע אין דער אוקראַיִנישער אַרמיי,“ האָב איך אַ טראַכט געטאָן און דערפֿילט אַן אַנטיפּאַטיע צו אים.
ניט לאַנג צוריק האָב איך באַזוכט מערבֿ־אוקראַיִנע און געטראָפֿן דאָרט עטלעכע מאַנצבילן — אוקראַיִנישע בירגער, בתוכם ייִדן, וועלכע האָבן זיך באַמיט אויסמײַדן מאָביליזאַציע אין דער אוקראַיִנישער אַרמיי, געגנבֿעט די גרענעץ צווישן אוקראַיִנע און מאָלדאָווע. איך האָב געמיינט, אַז דער דאָזיקער יונגער חב״דניק איז איינער פֿון יענע, וואָס האָבן באַוויזן זיך אַרויסצושמוגלען.
אָבער איך האָב אַ טעות געהאַט. ס׳האָט זיך אַרויסגעוויזן, אַז ער איז בכלל אַ רוסלענדישער בירגער פֿון איינער פֿון די צוויי הויפּטשטעט. צופֿעליק איז ער געווען צוליב זײַנע חב״דישע ענינים אין אוקראַיִנע, אין קיִעוו, ווען עס האָט זיך אָנגעהויבן די מלחמה. דער בחור איז געבליבן אַלס וואָלונטיר אין דער אָרטיקער ייִדישער קהילה. במשך פֿון אַ חודש האָט ער געהאָלפֿן אַרויספֿירן ייִדישע פּליטים פֿון דער שטאָט דער באַשאָסענער מיט ראַקעטן, אין בײַשטעט פֿון וועלכער ס׳איז שוין אַרײַן דאָס רוסישע מיליטער. בלויז איצט, ווען די באַוואָפֿנטע כּוחות פֿון אוקראַיִנע הייבן אָן איבערצוגיין אין דער קיִעווער געגנט צו אַ קאָנטער־אָנגריף, איז ער אַוועקגעפֿאָרן פֿון אוקראַיִנע קיין מאָלדאָווע כּדי עולה זײַן קיין ישׂראל.
הײַנט וועט דער דאָזיקר יונגער חב״דניק מיט גאָטס הילף זײַן אין ישׂראל.
זײַ מיר מוחל, בחור אין דער חב״דישער יאַרמלקע. איך זאָג צו צו האַלטן זיך אין דער צוקונפֿט שטרענגער בײַ דער עצה פֿון מײַן מאַמען: בעסער איז טראַכטן גוטס וועגן אַ שלעכטן מענטשן, איידער שלעכטס — וועגן אַ גוטן.
The post How wrong I was about the young Ukrainian with the Chabad yarmulke appeared first on The Forward.
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Teenager eulogizes slain father who saved his life in West Bank terror attack just before Yom Kippur
(JTA) — Standing at his father’s grave after Yom Kippur 16-year-old Yoav Shukron thanked him for the warning that saved his life a day earlier, when a Palestinian gunman opened fire on the two of them at a West Bank spring.
“Dad, I want to say thank you for 16 years together. Thank you for giving me life,” Yoav said on Monday night as his father, Netanel Shukron, 48, was laid to rest in the West Bank settlement of Alei Zahav.
“Thank you for shouting out to me during the attack, when the terrorist came in. I don’t remember what you said to me, and I ran,” he added, in remarks carried by Channel 12 news.
Yoav had accompanied his father to the Ein Riya spring near the settlement of Neve Tzuf on Sunday to immerse ahead of Yom Kippur when the attack took place.
Yoav escaped unharmed. Shukron, a father of six, was critically wounded and later pronounced dead at Beilinson Hospital in Petah Tikva.
Hundreds of relatives, friends and residents attended the funeral, held after the Yom Kippur fast ended.
“Nati was the most involved father in the world,” his wife, Merav Shukron, said.
Reflecting on their 18-year marriage, she said, “We came from different families, but that didn’t stop us from being soulmates. Nati, our family is perfect, everything was perfect.”
The couple had six children, ages 4 to 16. Shukron worked as an information systems analyst at Hachshara Insurance Company, while Merav Shukron is a lecturer at Ariel University.
Merav said the family had been due to travel abroad the following week and that her husband had carefully planned the trip around spending time together, including packing a sukkah and food for the holiday.
According to the Israeli military’s preliminary investigation, the Palestinian attacker drove to the spring and opened fire. An Israeli military tracker who was nearby in an armored vehicle returned fire and wounded the gunman, preventing him from continuing the attack.
The attacker fled and was located several hours later receiving treatment at a hospital near Ramallah, where soldiers from the elite Duvdevan unit arrested him.
Israeli security officials identified the suspected attacker as Qadri Samara, a resident of the Palestinian town of Biddu who is affiliated with the Hamas terror group and was previously known to Israeli security forces, according to Channel 13. Investigators said he had visited the spring the previous day and determined that large numbers of people would be there to immerse in its waters ahead of Yom Kippur, a practice observed by some Jews before the fast.
In the aftermath of the attack, Israeli troops carried out a large operation in Biddu, mapping Samara’s home ahead of its possible demolition, searching about 100 locations and questioning about 90 suspects. The military also reinforced its forces across the West Bank, including by deploying the elite Egoz unit to the area.
About an hour after the shooting, soldiers thwarted a separate attempted car-ramming attack at the Ganim military post in the northern West Bank. One attacker was killed and a second was arrested, Channel 13 reported, adding that no soldiers were wounded.
Prime Minister Benjamin Netanyahu said in a post on X, “No terrorist is immune, neither are those who assist them; we will settle scores with all of them – in Gaza, in Lebanon, and in Judea and Samaria,” using the biblical term for the West Bank.
President Isaac Herzog noted that the attack came “on the eve of Yom Kippur, as the people of Israel gather for the holy day.”
“Terror will not break us or shake our spirit,” he said. “We will stand against it together, united, determined and full of faith.”
Shukron’s killing has also become the first case in which Israeli officials are considering applying a death penalty law approved by the Knesset in March, according to the KAN public broadcaster.
The law, long championed by National Security Minister Itamar Ben-Gvir and his far-right Otzma Yehudit party, makes death the default sentence for non-Israelis convicted in Israeli military courts of carrying out deadly nationalist attacks, while allowing judges to impose life imprisonment in “special circumstances.” It passed the Knesset 62-48 and immediately drew a High Court challenge.
Ben-Gvir raised the possibility of applying the law to Samara during a security meeting before Yom Kippur, arguing that the case was the first to meet the law’s criteria. Netanyahu did not rule out the proposal and asked IDF representatives for their position on applying the law, which they said they saw no impediment to doing, according to KAN, though the report noted that the military advocate general was not present at the meeting. The issue is expected to be discussed again in a smaller cabinet forum with the IDF’s legal chief present, the report said.
This article originally appeared on JTA.org.
The post Teenager eulogizes slain father who saved his life in West Bank terror attack just before Yom Kippur appeared first on The Forward.
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Herzog’s Yom Kippur pardon of soldier crystallizes choice for Israeli voters
On the eve of Yom Kippur, President Isaac Herzog pardoned Elor Azaria, an Israeli soldier convicted of manslaughter for shooting a wounded Palestinian attacker in the head in Hebron a decade ago.
Azaria served nine months of an 18-month sentence and was released in 2018. His conviction remained on his record, with the ordinary process leaving it in place until 2032, complicating life for the now 30-year-old.
To ease that burden, Defense Minister Yisrael Katz, from Prime Minister Benjamin Netanyahu’s Likud Party, in July asked Israeli President Isaac Herzog, to grant Azaria clemency, expunging the record.
This Herzog did on the eve of Yom Kippur. There is a coherent argument for that decision. Azaria was a young soldier when the shooting occurred, he served his sentence, and a criminal record can continue to impose practical obstacles on civilian life long after a formal prison sentence has ended. Herzog invoked reconciliation and the possibility of a new beginning, as well as the consequences Azaria had already endured.
But the army did not agree. Current military chief Eyal Zamir and other senior officers opposed the request, arguing that Azaria had never expressed genuine remorse.
The pardon has now returned the Azaria affair to the center of Israeli politics at a particularly consequential moment.
Lt. Gen. Gadi Eisenkot, the military chief at the time who publicly pushed for prosecution, is now the main political leader in the opposition and its leading candidate for prime minister. Netanyahu, the prime minister at the time who called for Azaria’s pardon, is still leading the other side of Israel’s great political argument. After the Oct. 27 election, Herzog will consult the elected factions and probably assign the task of forming a government to one of them, based on who he believes has the best chance.
If the numbers leave neither Eisenkot nor Netanyahu with a clear path to a majority of 61, Herzog could face a genuinely consequential exercise of presidential judgment between the two men who stand on opposite sides of the Azaria case – which he himself has turned into an election issue.
The roots of that divide go back to March 24, 2016, when Israeli soldier Azaria aimed his rifle at Abdel Fattah al-Sharif and pulled the trigger. Al-Sharif had attacked Israeli soldiers with a knife and was shot and incapacitated. Minutes later, as he lay on the ground, Azaria nonchalantly raised his rifle and fired, from a few meters away. Al-Sharif was clearly not threatening the numerous soldiers milling around.
The shooting was captured on video, and what might otherwise have remained a disputed incident became one of the defining political arguments in Israel. It was a moment when Israeli politics – notoriously complex and sometimes inscrutable even to insiders – briefly came into focus: the fault line is whether you think this is OK.
The military treated the shooting as a serious criminal matter,. Eisenkot’s position, which earned vilification from the political right, was that a soldier could use lethal force against a genuine threat but could not simply kill a captive. The case became a test of whether the IDF’s rules meant anything when enforcing them was unpopular.
Netanyahu, who then as now was prime minister, is a man of sharp political instincts. During the controversy he called Azaria’s father, Charlie, offering sympathy. The eventual conviction was for manslaughter. After Azaria’s conviction, Netanyahu openly went all the way to politicize the case, calling for Azaria to receive a pardon.
The difference was unmistakable. Eisenkot saw the case through both the institutional obligations of the army and morality; he still believed in the old Zionist notion of the IDF as the world’s most ethical military. Netanyahu saw the political benefit in amplifying and harnessing the emotional identification of many frightened people with the soldier.
Israeli society was changing, the inflection point being the Second Intifada – a campaign of barbaric suicide bombings against civilians that was launched between 2000 and 2004, even as Israel was offering Palestinians statehood on the vast majority of the West Bank and Gaza. In 2005 Israel unilaterally pulled out of Gaza, uprooting thousands of settlers, resulting in Hamas jihadists taking over and years of rocket fire. The 2010s saw more killings.
After so many disappointments and so much bloodshed, many Israelis had just given up on the Palestinians (and to be fair, the feeling was mutual, largely because of the continuing occupation and the constant expansion of West Bank settlements). A significant part of the public had become indifferent at best to the idea that a soldier confronting a terrorist should be constrained by rules that might prevent him from firing. Netanyahu was either riding the tiger or goading it on, and perhaps both at the same time.
A decade later, the institutional divide exposed by the case remains remarkably intact. The current military leadership’s opposition to the pardon places today’s IDF, at least on this issue, in the same institutional tradition that Eisenkot represented in 2016: the conviction that the army’s rules must survive the political passions surrounding a particular soldier.
On the baseline level, this sad affair is about where self-defense ends and vengeance begins, and what to do when many citizens no longer care. But on a higher level, it encapsulates a contradiction from the earliest days of Zionism. The founders wanted two things at once: to turn the Jews, via national sovereignty, into “a people like all others”; and to make of their state “a light unto the nations.” Both sound good, yet one must choose.
The bullet that Azaria fired in Hebron helped crystallize that choice, which maps neatly into the political one between Eisenkot and Netanyahu. In placing his own signature on the final page of the Azaria affair, Herzog ensured it will be a highlight of the campaign, and of the legacy of both Eisenkot and Netanyahu.
It is no coincidence that the same person advocating for a man many consider a murderer is also feverishly machinating to dismantle the foundations of liberal democracy in Israel, while on trial for corruption. For Netanyahu, the ship of old-time Zionist mythology has sailed, and he’s not aiming to cast any light unto the nations. Eisenkot, essentially, still is.
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