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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.”


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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Hezbollah Pays Steep Price in Battle to Reverse Its Fortunes

Workers remove a coffin with a body from temporary graves and prepare for transport for a funeral ceremony of four Hezbollah fighters and two civilians, amid a temporary ceasefire between Lebanon and Israel, in Tyre, southern Lebanon, April 26, 2026. Photo: REUTERS/Marko Djurica/File Photo

Hezbollah has paid a heavy price for going to war with Israel on March 2: Israel has occupied a chunk of southern Lebanon, displaced hundreds of thousands of its Shi’ite Muslim constituents and killed as many as several thousand of its fighters, according to previously unreported casualty estimates from within the group.

The move has brought severe political consequences, too. In Beirut, opposition has hardened to its status as an armed group, which domestic rivals see as exposing Lebanon to repeated wars with Israel.

In April, Lebanon’s government held face-to-face talks with Israel for the first time in decades, a decision Hezbollah firmly opposed.

However, more than a dozen Hezbollah officials told Reuters they see a chance to reverse deteriorating fortunes by aligning with Tehran in its war with Israel and the United States. The group, founded by Iran’s Islamic Revolutionary Guard Corps in 1982, opened fire two days into the conflict, which began with U.S. and Israeli strikes on Iran on February 28.

The group’s calculations are based on the assessment that its participation would force Lebanon onto the agenda of U.S.-Iranian negotiations, and that Iranian pressure can secure a more robust ceasefire than one that took effect in November 2024 following a conflict sparked by the war in Gaza, the officials said.

Hezbollah was mauled in the last war, which killed its leader, Hassan Nasrallah, along with some 5,000 fighters, and weakened its long-dominant hold over the Lebanese state.

Rearmed with Iranian help, it has used new tactics and drones, surprising many with its capabilities after a fragile 15-month truce during which Hezbollah held fire, even as Israel continued to kill its members.

Hezbollah lawmaker Ibrahim al-Moussawi denied the group was acting on Iran’s behalf when it resumed hostilities, as alleged by opponents. He told Reuters Hezbollah saw a window to “break this vicious cycle … where the Israelis can target, assassinate, bombard, kill, without any revenge.”

He acknowledged losses and damage in southern Lebanon but said “you don’t go into making calculations of how many are going to be killed” when “pride and sovereignty and independence” are at stake.

Hezbollah’s media office said the figure of several thousand fighters killed in the present war was false.

While a US-mediated ceasefire that took effect on April 16 has led to a significant reduction in hostilities, Israel and Hezbollah have continued to trade blows in the south, where Israel maintains troops in a self-declared “buffer zone.”

Yezid Sayigh, a senior fellow at the Carnegie Middle East Center in Beirut, said Hezbollah had “shown more resilience than many thought possible, but that was not a strategic gain in itself.”

“The only thing that will contain Israel is a comprehensive US-Iran deal,” he said. “Without a deal, there’s going to be a lot of pain for everyone. At best, a hurting stalemate.”

GRAVES FRESHLY DUG, AND QUICKLY FILLED

More than 2,600 people have been killed since March 2, around a fifth of them women, children and medics, Lebanon’s health ministry has reported. Its toll does not distinguish between civilians and combatants.

Three sources, two of them Hezbollah officials, said the ministry’s figures do not include many of the group’s casualties. They said several thousand Hezbollah fighters have been killed, though the group does not have the full picture yet.

In a statement to Reuters, Hezbollah’s media office denied the figures cited by the sources, and that the numbers published by Lebanon’s health ministry included its members killed in Israeli strikes.

One source, a Hezbollah commander, said scores of fighters had gone to the frontline towns of Bint Jbeil and Khiyam intending to fight to the death. Their bodies have yet to be recovered.

In the Hezbollah-controlled southern suburbs of Beirut, more than two dozen freshly dug graves were quickly filled with fighters’ bodies in the days after the ceasefire took hold. Simple marble tombstones identify some as commanders, others as fighters.

In one southern village alone, Yater, the council recorded the deaths of 34 Hezbollah fighters.

Lebanon’s Shi’ite Muslim community has borne the brunt of Israel’s attacks, forced to flee into Christian, Druze and other areas, where many blame Hezbollah for starting the war.

Israel has been entrenching its hold over a security zone stretching as far as 10 km (6 miles) into Lebanon and demolishing villages, saying it aims to shield northern Israel from attacks by Hezbollah militants embedded in civilian areas.

An Israeli government official said Hezbollah had abrogated the November 2024 ceasefire by firing on Israeli citizens on March 2. The threat to northern Israel would be eradicated, the official said, adding thousands of Hezbollah militants had been killed, and Israel was steadily destroying the group’s infrastructure.

The Israeli military says Hezbollah has fired hundreds of rockets and drones at Israel since March 2. Israel has announced 17 soldiers killed in southern Lebanon, along with two civilians in northern Israel.

Citing ongoing Israeli strikes, Hezbollah has called the April ceasefire meaningless and continued to attack.

IRAN ‘WILL NOT SELL’ THEIR FRIENDS

A diplomat who has contact with Hezbollah described its decision to enter the war as a big gamble and a survival strategy, saying it felt it needed to be part of the problem so it could be part of an eventual regional solution.

It has yet to be seen if the gamble will pay off.

Tehran has demanded that Israel’s campaign against Hezbollah be included in any deal on the wider war. But US President Donald Trump said last month that any deal Washington reaches with Tehran “is in no way subject to Lebanon.”

A spokesperson for Pakistan’s Foreign Ministry, Tahir Andrabi, referred Reuters to an April 16 statement in which he said peace in Lebanon was essential to the talks it is mediating between the U.S. and Iran.

A Western official said they saw a possibility the US and Iran might eventually reach a settlement that does not address the war in Lebanon.

Asked about this, the US State Department, Iran’s mission to the United Nations in Geneva and Lebanon’s government did not immediately comment.

Hezbollah’s Moussawi said a ceasefire in Lebanon continues to be a top priority for Iran, adding Tehran shares Lebanon’s objectives, including that Israel halt attacks and withdraw from Lebanon. Hezbollah has “full trust in Iran – that the Iranians will not sell their own friends”, he said.

The State Department referred Reuters to an April 27 interview Secretary of State Marco Rubio did with Fox News, in which he said Israel had a right to defend itself against Hezbollah’s attacks, and that he didn’t think Israel wanted to maintain its buffer zone in Lebanon indefinitely.

The United States has urged Israel “to make sure their responses are proportional and targeted,” he said.

When the April 16 ceasefire was announced, Israeli Prime Minister Benjamin Netanyahu said Hezbollah’s disarmament would be a fundamental demand in peace talks with Lebanon.

Hezbollah has ruled out disarmament, saying the matter of its weapons is a topic for a national dialogue. Any move by Lebanon to disarm the group by force would risk igniting conflict in a country shattered by civil war from 1975 to 1990.

Lebanon’s President Joseph Aoun and Prime Minister Nawaf Salam have sought Hezbollah’s peaceful disarmament since last year. On March 2, the government banned the group’s military activities.

Hezbollah has demanded the government cancel that decision and end its direct talks with Israel.

Lebanese officials have told Reuters they believe direct talks with Israel under the auspices of the US are the best way to secure a lasting ceasefire and the withdrawal of Israeli troops, as only Washington has enough leverage with Israel to achieve those aims.

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US President Trump Tells Israeli Media: ‘I Studied Iran’s New Proposal, It Is Not Acceptable to Me’

US President Donald Trump arrives to award the medal of honor to Master Sgt. Roderick ‘Roddie’ W. Edmonds, Staff Sgt. Michael H. Ollis, and retired Command Sgt. Maj. Terry P. Richardson during a ceremony in the East Room of the White House in Washington, DC, USA, 02 March 2026.

US President Donald Trump said he has reviewed Iran’s latest proposal and described it as “unacceptable” in an interview with Israeli broadcaster Kan News on Sunday. Trump added that ongoing efforts related to the conflict are “progressing very well,” without providing further details. He also renewed his call for clemency for Israeli Prime Minister Benjamin Netanyahu, arguing that Israel needs a leader focused on wartime priorities rather than legal matters.

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Israel Court Extends Detention of Gaza Flotilla Activists

Activist Saif Abu Keshek, a member of the Global Sumud Flotilla detained by Israel, sits at a magistrate’s court for a detention extension hearing in Ashkelon, southern Israel, May 3, 2026. REUTERS/Amir Cohen

An Israeli court has extended by two days the detention of two activists arrested aboard a Gaza-bound flotilla that was intercepted by Israeli forces in international waters near Greece, their lawyer said on Sunday.

Saif Abu Keshek, a Spanish national, and Brazilian Thiago Avila were detained by Israeli authorities late on Wednesday and brought to Israel, while more than 100 other pro-Palestinian activists aboard the boats were taken to the Greek island of Crete.

A court spokesperson confirmed that their remand had been extended until May 5.

The governments of Spain and Brazil issued a joint statement on Friday calling their detention illegal.

The activists were part of a second Global Sumud flotilla, launched in an attempt to break Israel’s blockade of Gaza by delivering humanitarian assistance. The ships had set sail from Barcelona on April 12.

Israeli authorities requested a four-day extension of their arrest on suspicion of offenses that include assisting the enemy during wartime, contact with a foreign agent, membership in and providing services to a terrorist organization, and the transfer of property for a terrorist organization, said rights group Adalah, which is assisting in the activists’ defense.

Hadeel Abu Salih, the men’s attorney, said that the two deny the allegations. Their arrest was unlawful due to a lack of jurisdiction, she told Reuters at the Ashkelon Magistrate’s Court after the hearing, adding that the mission was meant to provide aid to civilians in Gaza, not to any militant group.

Abu Salih said that Abu Keshek and Avila were subjected to violence en route to Israel and kept handcuffed and blindfolded until Thursday morning.

Asked for comment, the Israeli military referred Reuters to the Israeli foreign ministry, which said that staff were compelled to act to stop what it described as violent physical obstruction by Abu Keshek and Avila. All measures taken were lawful, it said.

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