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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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Congress removes deadline for Holocaust-looted art claims, setting stage for more restitution battles
(JTA) — A new U.S. law removing a deadline for laying claim to art looted during the Holocaust has gone into effect after President Donald Trump signed it on Monday.
The 2025 Holocaust Expropriated Art Recovery Act, or HEAR Act, expands on a 2016 law, signed by President Barack Obama, that permits victims and descendants of victims of the Holocaust to lay legal claim to works of art looted by the Nazis or sold to the Nazis under false pretenses.
That law included a controversial “sunset clause” that required all claims of artwork looted by the Nazis to be filed by the end of this year. That clause has been removed, and the revised act permits families to file a lawsuit within six years of the discovery of looted artwork.
The law also further protects those seeking to retrieve their family’s looted property by preventing the current holders from using certain legal tactics unrelated to the subject matter — such as requesting to switch courts — during proceedings.
“For years, the sunset clause cast a shadow over every survivor and family whose stolen art is still missing,” Joel Greenberg, president of Art Ashes, a nonprofit that helps families recover their looted art, said in a statement to the Jewish Telegraphic Agency. “Now they can seek due process without the pressure of time and deadlines.”
Hundreds of thousands of pieces of fine art were looted from their Jewish owners by the Nazis, often by forced sales in the early years of the Nazi regime. Efforts to reunite the works with their owners or their descendants have been guided by an array of laws governed by an international compact including nearly two dozen countries. Restitution claims frequently ignite extensive legal battles.
The family of the cabaret artist Fritz Grünbaum, who was murdered in the Holocaust, for example, was able to recover works by Viennese Expressionist artist Egon Schiele that were in Grünbaum’s vast personal collection in 2018 after decades of efforts. The family has since continued to file legal action to reclaim Grünbaum’s works under the HEAR Act.
Watchdogs say the sunset clause may have caused those owning looted works to obscure them from public view.
“It was extremely important that Congress eliminated the sunset clause because it incentivized museums and others holding looted art to keep those works under wraps until the sunset period ended,” Greenberg said. “Now, that change and the other provisions ensure claims will be heard and decided on the merits and means that the commitment Congress made to survivors ten years ago when they first passed the HEAR Act is finally being honored.”
Both the original law and the new revision received bipartisan support. But the Republican Jewish Coalition credited Trump with its enactment, saying in a statement, “President Trump has consistently proven to be the best friend of the Jewish people ever to occupy the Oval Office, and his signature today ratifies the truth: the passage of time can never diminish the injustice of crimes committed by the Nazis and their collaborators during the Holocaust.”
The revision goes into effect just days after one of the most significant recent rulings in the restitution space. Last week, a judge ruled after a decade-long legal battle that a painting by Italian artist Amedeo Modigliani, once valued at around $25 million, must be returned to the descendants of its original owner, who was forced to sell the painting to the Nazis. The painting had been in the possession of a prominent New York-based real estate and art dealer family since 1996.
The post Congress removes deadline for Holocaust-looted art claims, setting stage for more restitution battles appeared first on The Forward.
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Holocaust Remembrance Day Marked in Poland, Germany Amid Nazi Displays, Rising Antisemitism
Participants with Israeli flags look at the landmark Birkenau extermination camp gate in Auschwitz Museum – former Nazi German Concentration Camp during the International March of the Living (MOTL) in Oswiencim, Poland on April 14, 2026. Photo by Dominika Zarzycka/Sipa USA via Reuters Connect
Eighty-one years after the Holocaust, antisemitism remains rampant in the heart of the former Third Reich, with incidents in both Poland and Germany underscoring a disturbing resurgence of Nazi-linked provocation and hatred across Europe — even as Jews and Israelis around the world marked Israel’s Holocaust Remembrance Day on Tuesday.
Polish far-right lawmaker Konrad Berkowicz sparked outrage in Warsaw after displaying a modified Israeli flag during a parliamentary debate, replacing the Star of David with a Nazi swastika.
Berkowicz’s act was widely condemned as a deeply troubling distortion of Holocaust memory and a provocative example of “Holocaust inversion,” weaponizing Nazi imagery to target Israel in a manner that promotes hateful rhetoric.
The European Jewish Congress (EJC) strongly condemned the incident, calling on government officials to take swift and decisive action to address the matter, deter similar acts, and uphold public accountability.
“This act constitutes a clear example of Holocaust inversion, distorting the memory of the Shoah, and trivializing its victims,” EJC wrote in a post on X, using the Hebrew word for referring to the Holocaust.
“The use of Nazi symbols in this context is not only offensive, but represents a serious form of antisemitic provocation, particularly on a day dedicated to remembrance,” the statement read. “Preserving the integrity of Holocaust remembrance and ensuring that antisemitism is not tolerated in public institutions is essential.”
Polish MP Konrad Berkowicz displayed an Israeli flag bearing a swastika during a parliamentary debate in Warsaw on Holocaust Remembrance Day.
This act constitutes a clear example of Holocaust inversion, distorting the memory of the Shoah and trivialising its victims.
The use of… pic.twitter.com/zeyRN5yG6T
— European Jewish Congress (@eurojewcong) April 14, 2026
The latest antisemitic incident came as Holocaust survivors from around the world joined thousands of participants in the 38th March of the Living, held at the site of the Auschwitz concentration camp in remembrance of the 6 million Jews murdered by Nazi Germany during World War II. The annual march goes from Auschwitz I to Auschwitz II-Birkenau, the Nazis’ largest death camp where 1 million Jews were killed.
During a ceremony, Revital Yakin Krakovsky, deputy chief executive of the International March of the Living organization, warned that antisemitism continues to endure today despite the lessons of the Holocaust, stressing that its warning signs are once again becoming impossible to ignore.
“Since Oct. 7, antisemitism has surged and is spreading everywhere,” Krakovsky said, referring to the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023. “The scale and normalization of this hatred echoes the dark times we have seen before and, today of all days, we know how it ended.”
Like most countries across Europe and the broader Western world, Poland has seen a rise in antisemitic incidents over the last two years, in the wake of the Oct. 7 atrocities.
Germany has also experienced a marked surge in antisemitism, with Jewish communities and Israelis facing an increasingly hostile climate and a growing number of disturbing public provocations.
On Tuesday, workers at the Eggenfelden tax office in Bavaria, southern Germany, discovered a structure over a meter high on the premises, allegedly designed to resemble a crematorium and adorned with a swastika and SS runes. The structure also had the inscription “Zyklon B,” the pesticide used by the Nazis to carry out the mass murder of Jews in gas chambers at Auschwitz.
This latest incident coame just three weeks after a replica of the Auschwitz concentration camp gate, also covered in swastikas, was placed in front of the same tax office.
Eggenfelden’s mayor, Martin Biber, strongly condemned the incident, calling it a deeply disturbing provocation that has shocked the community.
“This shocks me. It’s also a huge disappointment that someone here is so cowardly. Quite apart from the fact that an object that is presumably meant to resemble a crematorium represents a horrific act,” Biber told the German newspaper BILD.
Local law enforcement has launched an investigation into the incident, treating it as a serious suspected extremist provocation.
The incident coincided with a commemoration held by the Israeli Embassy in Germany for the six million Jewish victims of the Nazis at the Sachsenhausen Memorial in Oranienburg, in eastern Germany.
During the ceremony, Israeli Ambassador Ron Prosor called for the resolute protection of Jewish life, warning that “antisemitism is not a relic of the past but remains visible and on the rise.”
He also emphasized that confronting the spread of terror by Iran is not solely Israel’s responsibility, warning of its expanding global reach and ideological influence.
“The mullahs are already part of the war in Europe. Their drones are falling in Ukraine. Their networks operate across continents – and their deadly ideology is spreading faster than any missile,” the Israeli diplomat said.
“Once again, Israel is on the front line. But the free world, especially Germany and Europe, has not only the responsibility, but the duty to confront this deadly ideology that threatens Europe from within,” he continued.
Andreas Büttner, the Brandenburg commissioner against Antisemitism, was also in attendance at the ceremony, where he reaffirmed the urgent need to confront and counter rising antisemitism.
“Antisemitism is not a shadow of the past. It is an open fire burning among us. And this fire is being stoked from various sides – by the extreme right, by the extreme left, and by those who disguise their hatred of Israel as moral concern,” the German official said.
According to newly released figures, the number of antisemitic offenses in the country reached a record high in 2025, totaling 2,267 incidents, including violence, incitement, property damage, and propaganda offenses.
By comparison, officially recorded antisemitic crimes were significantly lower at 1,825 in 2024, 900 in 2023, and fewer than 500 in 2022, prior to the Oct. 7 atrocities.
Officials warn that the real number of antisemitic crimes is likely much higher, as many incidents go unreported.
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Mossad Chief Says Iran Campaign ‘Will Only Be Complete When This Extremist Regime Is Replaced’
Israeli Prime Minister Benjamin Netanyahu, left, with Mossad chief David Barnea in July 2025. Photo: Israeli Government Press Office (GPO)
The head of Israel’s intelligence agency Mossad declared on Tuesday that the Israeli military campaign against Iran will end only with the collapse of the Islamist regime in Tehran.
David Barnea’s comments during a speech at a Holocaust Memorial Day ceremony came as a fragile ceasefire teetered on the brink of collapse and prospects for renewed negotiations remained uncertain.
Israel secured “significant achievements” after 40 days of intense fighting against “those who have made the destruction of the Jewish state their guiding principle,” said Barnea, who noted that the campaign had reshaped the regional security landscape.
“The Iranian threat grew stronger before our eyes, before the eyes of the world, almost without interruption,” he continued. “We repeatedly warned of the nuclear danger as an existential threat, and time and again we warned about the quantities of ballistic missiles that threaten Israeli citizens across the country, as well as the danger posed to us by the Iranian regime.”
Barnea said that Israel and its close ally the US took matters into their own hands for the good of the entire world and warned that, at least for Jerusalem, the mission isn’t done until the Iranian regime collapses.
“Finally, we took our fate into our own hands and entered two wars out of necessity. Alongside us, in firm alliance and historic cooperation with the world’s most powerful nation, we fought together for the values of justice and freedom,” the Israeli official continued. “Our commitment will only be complete when this extremist regime is replaced.”
Since Feb. 28, when the US and Israel launched joint strikes, Israeli officials have repeatedly said that, in addition to degrading Iran’s nuclear and missile programs, they aim to “create the conditions” for the regime in Iran to collapse, weakening the government to the point that the Iranian people can revolt.
US officials have not publicly adopted regime change as a declared war goal. However, President Donald Trump has at times suggested that Iranians should rise up once the airstrike campaign ends.
During Tuesday’s ceremony, Israeli Defense Minister Israel Katz also delivered a speech, saying that the US and Israel had “defined the removal of enriched material from Iran as a threshold condition for ending the campaign.”
“Iran’s regional proxies — from the collapsed Syrian regime to Hezbollah and Hamas — have been dealt heavy blows and have lost their capacity to pose a strategic threat to Israel,” Katz said. “There remains the task of confronting the rest of their power, and we are doing so — and will continue to do so — with full commitment and full force.”
On Monday, Israel Defense Forces (IDF) Chief of Staff Lt. Gen. Eyal Zamir approved plans to escalate the military campaign against Iran and advance expanded operational planning across multiple arenas in the region if the ceasefire ends, signaling continued pressure on Tehran’s military and strategic infrastructure.
“We are facing a multi-theater campaign unprecedented in the history of our people and of nations — against both immediate enemies on our borders and distant adversaries seeking our destruction,” Zamir said. “We are striking Iran and its proxies, inflicting heavy blows and significantly degrading their military capabilities.”
With the ceasefire deadline approaching in a week and regional tensions escalating, Trump said the White House has received a request from “the appropriate parties” to resume talks, adding that the Iranian regime is seeking to renew negotiations and reach an agreement.
“Iran will not have nuclear weapons. We agreed on a lot of things, but they did not agree to that. And I think they will agree to that. I am sure of it. If they do not agree – there will be no agreement,” Trump wrote in a post on Truth Social.
According to The New York Times, US officials have proposed a 20-year halt to Iranian uranium enrichment, which Iranian negotiators countered with a five-year suspension that Washington rejected, while also reportedly insisting that Iran dismantle major enrichment sites and surrender more than 400 kilograms of highly enriched uranium.
Meanwhile, Pakistan has offered to host another round of US–Iran negotiations in Islamabad in the coming days before the ceasefire expires, as diplomatic efforts intensify to prevent a renewed escalation.
The Trump administration has also stepped up pressure on Tehran to accept its demands by imposing a naval blockade on vessels entering or leaving Iranian ports through the Strait of Hormuz, a critical global shipping chokepoint for energy supplies.
Since the start of the war, Iran has used control over the Strait of Hormuz as a major source of leverage, militarizing the waterway and sharply restricting maritime traffic through one of the world’s most critical shipping corridors.
Iranian officials warned they would retaliate against any US naval blockade targeting their ports, calling the move illegal and warning that Gulf shipping routes would no longer remain secure if Iranian access were restricted.
Responding to Iranian threats in a post on Truth Social, Trump said, “If one of these boats approaches the blockade, it will be eliminated immediately, using the same elimination method that we use against drug smugglers at sea. It will be fast and brutal.”
Iran has also signaled it intends to maintain control over the Strait of Hormuz even after the war ends, potentially imposing transit fees framed as compensation for wartime damage.
Following the latest escalation at sea, Israel had instructed its forces to maintain a high level of alert and prepare for the possibility of an immediate collapse of the ceasefire agreement, remaining on heightened readiness in case the truce breaks down and talks do not resume.
Israeli officials have said they do not rule out that Iran may be using the ceasefire to rebuild damaged air defense systems and restore military capabilities, while also attempting to bring weapons and sensitive technologies back into the country through overland smuggling routes.
Meanwhile, Iran appears to still be targeting Gulf states despite the ceasefire, with Bahrain intercepting seven Iranian drones in the past 24 hours in what officials described as a clear breach of the agreement.