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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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‘There was a campaign’: UN torture official says colleagues tried to block her letter documenting Oct. 7 atrocities
An Australian lawyer tasked by the United Nations with monitoring and documenting allegations of torture and cruelty is accusing colleagues within the UN human rights system of trying to block the publication of a Jan. 2024 letter she wrote documenting allegations of abuses committed during the Hamas-led Oct. 7 attack on Israel months earlier.
Alice Edwards, who since 2022 has served as United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, said she faced weeks of pressure from colleagues who argued that allegations included in the letter she drafted were false and urged her not to send it.
“There was a campaign to prevent that letter going out,” Edwards said in remarks delivered earlier this month at University College London and obtained by the Forward. “There was weeks of being bullied and deterred from writing it and telling me that everything in it was false.”
Edwards’ statements resurfaced a long-simmering conflict in the UN human rights system around its treatment of Israel, which is frequently singled out by UN resolutions and by rapporteurs as a perpetrator of human rights violations.
Meanwhile, other UN rapporteurs have declared doubts on evidence of sexual violence committed during the Oct. 7 attacks — prompting a surviving hostage and the head of an investigative commission that published a report last month compiling witness and survivor testimonies to confront them this week at a hearing in Geneva.
Edwards’ letter, sent in early 2024 to Palestinian authorities and copied to Hamas, detailed allegations of torture, sexual violence, including rapes and gang rapes, burning people alive, and other abuses committed during the Oct. 7 attacks.
According to Edwards, colleagues had given extensive feedback on drafts of the letter, with some items removed from the final version as a result. “All the comments of these individuals had been taken into account,” she said, adding that “the letter shrunk considerably.”
Even after those revisions, Edwards said, only one counterpart — the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Morris Tidball-Binz — ultimately signed the communication before it was sent.
Other special rapporteurs and working groups who had expressed interest in signing it, she said, “had also been bullied by others not to sign on.” Edwards added: “There was this concerted effort for this letter not to put on record some allegations that had been received.”
Contacted by the Forward, Danny Danon, Israel’s Ambassador to the UN sent a written statement. “Dr. Alice Edwards’ testimony exposes an uncomfortable truth: when it comes to Israel, facts are too often sacrificed on the altar of politics,” said Danon. “The evidence is overwhelming and undeniable. For more than two years, Israel has documented and presented the horrific crimes committed against its citizens.”
UN special rapporteurs are independent human rights experts appointed by the UN Human Rights Council to monitor, investigate and advise on thematic topics that include torture, violence against women, and education among others. While their recommendations are not binding, their advice informs UN action and aims to influence governments’ responses to alleged violations.
Israeli officials and advocacy groups had long argued that the United Nations devotes disproportionate attention to Israel’s alleged wrongdoing compared to other countries and holds Israel to a double standard. Since the Hamas-led attacks on Oct. 7, 2023, they say, the UN and its rapporteurs have not adequately condemned Hamas’ atrocities and the treatment of Israeli hostages.
Reem Alsalem, the UN Special Rapporteur on violence against women and girls, has said that the Israeli government’s failure to cooperate with her mandate has undermined investigative efforts and “represents a profound injustice to all the victims.” She also has called into question reports from victims, witnesses and investigators who described rape as part of the Oct. 7 violence.
In a post on X in November 2025, Alsalem wrote: “No Palestinian applauded rape in Gaza. No independent investigation found that rape took place on the 7th of October 2023.”
She also wrote of allegations of Hamas perpetrated sexual violence against Israelis: “I firmly believe that never have we seen such a weaponization of accusations of sexual violence as well as disinformation to manufacture consent for the commission of a genocide – aided and abetted by the media and governments around the world.”
The tensions resurfaced publicly this week at the UN Human Rights Council in Geneva when Dr. Cochav Elkayam-Levy, founder and chair of the Civil Commission on October 7th Crimes by Hamas against Women and Children, presented findings from the commission’s recently published report, Silenced No More.
The report, which has been received by governments, international organizations, academic institutions, and policymakers around the world and boasts many endorsers, is the most comprehensive body of evidence yet of sexual violence on October 7. It catalogues witness testimonies, accounts from hostages about sexual abuse during their captivity, and analysis of over 10,000 photos and videos, including hours-long videos recorded by the perpetrators.
“For two years, we immersed ourselves in testimonies of unimaginable violence,” Elkayam-Levy said Wednesday during her presentation of the findings at the UN in Geneva. “We revealed 13 patterns of abuse — including rape, gang rape, sexual torture, burning, and the deliberate mutilation of victims’ faces and genitalia.”
She went on to single out the UN human rights representatives as unresponsive to the evidence. “Will the UN rapporteurs who doubted or denied these crimes acknowledge the truth?” she said, adding, “We call upon you to recognize our findings.”
A day earlier, Ilana Gritzewsky, a survivor of Hamas captivity who has spoken publicly about sexual violence she experienced, confronted Alsalem directly during a live testimony in an emotional appeal.
“Ms. Alsalem, you said there was no evidence of sexual violence on October 7,” she said. “I am the living proof of sexual violence by Hamas. When I and other Israeli women begged not to be raped, why were you silent?”
‘She was very brave’
Asked about Edwards’ allegations, the UN office that supports the special rapporteurs and other independent human rights experts provided a statement to the Forward: “While the experts frequently issue joint communications on issues that engage multiple mandates, participation in any particular communication remains at the full discretion of each expert, in line with their mandate.”
According to Dr. Shelly Aviv Yeini, the former head of the international law department at the Hostages and Missing Families Forum, Edwards and the United Nations Special Representative of the Secretary-General on Sexual Violence in Conflict, Pramila Patten, were among a small number of UN officials who meaningfully engaged with hostage families after the terror attacks. Individuals within the Office of the Secretary-General reached out later in the war.
Aviv Yeini told the Forward that her group and the International Jewish Lawyers Organization provided Edwards with a report that informed Edwards’ later work. Edwards published a report determining that the families of hostages should also be recognized as direct victims of torture and hosted an event in Geneva alongside the forum to present and discuss those findings.
“I think she was very brave, acknowledging the families and defending us in a time when it wasn’t so easy,” said Yeini.
Adam Wagner, who spoke at the event and represented hostages with British ties taken by Hamas, told Edwards that she was “the only UN official” whom hostage families felt “ever reached out to them or did anything for them.”
Edwards’ position at the UN, like those of all other UN rapporteurs, is unpaid. As a part of her work, she is able to go on one official visit to a country for the purpose of investigating allegations of torture per year. Edwards says she supplemented this with several other trips, which she funded herself. In December 2024, she embarked on a self-funded trip to Israel to investigate the Oct. 7 atrocities, during which she visited southern Israel, including kibbutzim that had been decimated by Hamas, and spoke with victims and hostage families, among others.
Edwards said at the talk that she believes she was the only UN special rapporteur to request access to the video compilation assembled by Israeli authorities to personally review footage from the Oct. 7 attacks. According to Yeini, Edwards met repeatedly with hostage families, visited attack sites, and reviewed evidence firsthand.
Edwards told the Forward in a statement that the role of independent experts is “to document violations wherever they occur and regardless of the identity of the victims or the perpetrators.”
“Our credibility depends on maintaining public confidence that human rights are applied universally,” she said. “Where people perceive selectivity, double standards or political alignment, confidence is weakened.”
The post ‘There was a campaign’: UN torture official says colleagues tried to block her letter documenting Oct. 7 atrocities appeared first on The Forward.
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The Netanyahu-Trump alliance reaches its breaking point
For decades, Israeli Prime Minister Benjamin Netanyahu’s greatest political asset was the United States. Even Israelis who distrusted him, opposed him, or blamed him for deepening the country’s divisions often accepted one proposition: Netanyahu understood the U.S. better than any other politician. He knew how to preserve Israel’s position at the center of American politics and power, without which the country would be in danger.
That belief is no more.
As negotiators meet this week to discuss the future of the Middle East, Israel finds itself in an extraordinary position. Central questions under discussion involve Israel’s security, Israel’s freedom of military action, and the future of Iran’s nuclear and regional ambitions.
Yet Israel is not in the room. Iran is.
The result, in Israel, has been something close to wall-to-wall shock and condemnation. And the harshest criticism is aimed not at the agreement but at Netanyahu himself. Switzerland looks like a vindication of the deepest concerns of opponents who have long argued that Netanyahu mortgaged Israel’s bipartisan support in Washington in exchange for a close relationship with President Donald Trump.
“The strategic damage that this government is leaving behind in terms of our relationship with the United States is damage that will take years to repair,” said former Cabinet minister Izhar Shai.
Netanyahu “built Israel’s entire strategic position around President Trump,” Shai added. “But Trump does what is good for himself and for his voters. He does not act on behalf of the state of Israel.”
Someone might want to convey that message to Trump, who has repeatedly suggested that he determines what Israel can and cannot do, and publicly implied that Netanyahu follows his instructions.
Now, as Trump makes promises about Israel’s actions without Israel in the room, he’s solidified the international impression that the hallowed U.S.-Israel relationship has been reduced to that of a superpower dictating terms to an utterly dependent client. No American president from either party has treated an Israeli prime minister this way — at least in public.
An alliance close to fracturing
Many Israelis are confronting the once-unthinkable possibility that their country’s relationship with the U.S. has been materially damaged by the very leader who claimed unique mastery over it. The concern is not merely that Trump disagrees with Netanyahu. It is that influential figures in Washington increasingly appear to believe that Netanyahu helped draw the U.S. into a military confrontation with Iran based on assumptions that were flawed from the outset.
Since Netanyahu spent years narrowing Israel’s political base in the U.S., there’s nowhere for Israel to turn. Netanyahu’s repeated confrontations with Democratic administrations, beginning most dramatically with his 2015 speech objecting to President Barack Obama’s proposed nuclear deal with Iran, steadily weakened bipartisan support. His identification with Trump — whom he openly supported in the 2024 election — meaningfully deepened that trend.
Meanwhile, relations with many European governments deteriorated, especially during the cataclysmic Gaza war. The result is that Israel now finds itself with fewer reserves of international goodwill than at any point in recent memory.
For Israelis, the American relationship has never primarily been about aid. The billions of dollars in annual military assistance are important, but for a half-trillion-dollar economy they are not decisive. The real value of the alliance is strategic.
American backing provides Israel with a level of deterrence that no other country can offer. It shields Israel diplomatically, particularly at the United Nations. It anchors the network of trade, investment, technological cooperation and international legitimacy on which Israeli prosperity depends. Without that support, Israel would face far greater risks of diplomatic isolation, economic pressure and boycotts.
Israelis understand this intuitively, even if their politics do not always reflect it. It is their prosperous economy that finances a sophisticated military. International trade and investment help sustain that prosperity. Strong alliances help make those relationships possible.
Remove enough pieces from that structure, and eventually even Israel’s military power will begin to erode. Remove the U.S., and it could crumble.
A boon for Israel’s military foes
The immediate strategic implications of negotiations are also serious. If Washington agrees to constrain Israeli freedom of action in Lebanon as part of a broader accommodation with Tehran, as appears possible, Israel could find itself pressured by its strongest ally to withdraw from positions it regards as essential to its security. For residents of northern Israel, many of whom only recently returned home after months of displacement, that prospect is deeply unsettling.
And a weakened Israeli deterrent could strengthen Hezbollah politically as well as militarily. The organization is battered. But if Israel is forced to accept restrictions on its freedom of action while Hezbollah remains intact, the Lebanese government — which recently took risks by signaling a willingness to challenge Hezbollah’s dominance — may conclude that confrontation is no longer worth the danger.
In the worst case scenario, Hezbollah could emerge from the crisis with greater influence than before, emboldened to test Israel through provocations, targeted attacks or efforts to intimidate opponents inside Lebanon.
Israel’s military future as regards Iran also looks grim. The Islamic Republic has emerged strategically strengthened from this conflict. It’s all but certain that Tehran has no real plans to abandon its long-term nuclear ambitions, even if it accepts temporary restrictions. Israelis’ expectation now is that Iran will eventually resume enrichment activities — while Israel’s ability to respond militarily has been narrowed by understandings reached over its head.
That is why the current moment feels so dangerous. Israelis are considering, for the first time for real, that by relying on Trump, Netanyahu has wrecked the strategic framework that has underwritten Israel’s security and prosperity for generations. The October election may therefore become more than a referendum on the aftermath of the Oct. 7 attack, Gaza or Iran. It may become a referendum on the central promise that sustained Netanyahu’s political career for decades: that whatever his faults, he knew how to manage America.
The post The Netanyahu-Trump alliance reaches its breaking point appeared first on The Forward.
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The White House cabinet is eating like your zayde
Robert F. Kennedy Jr. is hawking a new diet: sauerkraut. Yes, lacto-fermented cabbage. And it’s catching on with Trump’s cabinet, according to The Wall Street Journal, which reported that Vice President JD Vance, Transportation Secretary Sean Duffy and Commerce Secretary Howard Lutnick are all heaping their plates with cabbage — apparently “drawn by the promise of slimmer waistlines and glowing skin.”
This claim may sound like it belongs in the marketing material for some sort of beauty product, or a scammy gas station supplement, rather than a jar of preserved vegetables. But RFK Jr. boasted that he lost 20 lbs in 30 days from eating mass amounts of the stuff. One might assume something like a tapeworm is responsible for such extreme weight loss — especially given Kennedy’s previous worm-related medical issues — but he asserts it’s all thanks to cabbage.
The diet, drawn up by one Dr. Sean O’Mara, an MD who advertises himself as an “executive biological consultant to high-performance leaders,” is apparently not just about sauerkraut; it includes other fermented vegetables, urges followers to also eat steak, snack on “old world cheese” and cut out alcohol and sugar.
Admittedly, this sounds like a fairly normal, low-carb diet. But sauerkraut is so core to the meal plan that members of the cabinet have taken to making their own, and carrying it around just to make sure they’re never without. Kennedy’s wife, Cheryl Hines, said on a podcast with Steven Miller’s wife, Katie, that she has had to refuse to stow a container of sauerkraut in her clutch when she and her husband go out for a nice evening. But, she said, he brings it anyway, presumably in his own bag. Or maybe tucked under his arm.
It’s hard to imagine anything more bubbie-coded than whipping out a jar of sauerkraut from a handbag while out at a nice dinner.
It’s not that Jews have some kind of patent on fermented vegetables; they exist in many cultures, like kimchi in Korea and miso in Japan. Sauerkraut specifically is common throughout European countries like Germany, Czechia and Russia.
But in the U.S., there’s a pretty strong association between Jews and pickles, whether they be sauerkraut or cucumbers, thanks to the deli culture imported with Jewish immigrants into the U.S. Jews created a pickle district on the Lower East Side, selling the preserved vegetables from pushcarts and spreading the food through the city. We’ve long been aware of the healthy gut biome effects of a lacto-fermented vegetable.
Ashkenazi food has long been made fun of for being gross — largely thanks to innovations like jarred gefilte fish, its beige-heavy color palette and, as the Wall Street Journal piece hinted at, the diet’s resulting gastrointestinal effects. Much of shtetl food culture was the result of hardship, and the need to preserve food through long winters, not an attempt for glowing skin and slim waistlines. The hardier the vegetable, the longer it lasted. Enter the cabbage. There are few foods less sexy than cabbage. (And I love cabbage.)
Which is why it’s so funny to see some of the most powerful men in the U.S. adopting the diet of a poor shtetl Jew — and doing so for aesthetic reasons.
There are a lot of weird diets and quasi-scientific buzzwords like “seed oils” and “clean protein” floating through the MAHA world that these American leaders often play to. But most of those, at least the ones promoted by men like Vance, have some cross-over focus on manliness and discipline — they’re about building muscle in some sort of primitive way. Think the carnivore diet or Kennedy’s obsession with beef tallow. Seeing these men turn to a diet I associate with my grandmother because they want to lose weight feels absurd, especially in the days of Ozempic for those with the funds to pay for it. Perhaps that does not have the right optics.
Of course, sauerkraut is nothing to be ashamed of. In recent years, Jews have been reclaiming pride in their food cultures; bespoke pickling classes have boomed. So the White House cabinet’s sauerkraut kick is really just them being really late to the shtetl chic trend. But you still should probably be ashamed of smuggling your own food into a nice restaurant, even if it’s sauerkraut.
The post The White House cabinet is eating like your zayde appeared first on The Forward.
