Connect with us

Uncategorized

‘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.

Continue Reading

Uncategorized

Trump Says No ‘Definitive’ Agreement With Netanyahu, US Talks With Iran to Continue

US President Donald Trump and Israeli Prime Minister Benjamin Netanyahu reach to shake hands at a joint press conference in the State Dining Room at the White House in Washington, DC, US, Sept. 29, 2025. Photo: REUTERS/Jonathan Ernst

President Donald Trump said after talks with Israeli Prime Minister Benjamin Netanyahu on Wednesday they reached no “definitive” agreement on how to move forward with Iran but he insisted negotiations with Tehran would continue to see if a deal can be achieved.

Netanyahu, who had been expected to press Trump to widen diplomacy with Iran beyond its nuclear program to include limits on its missile arsenal, stressed that Israel’s security interests must be taken into account but offered no sign that the president made the commitments he sought.

In their seventh meeting since Trump returned to office last year, Netanyahu – whose visit was more muted than usual and closed to the press – was looking to influence the next round of US discussions with Iran following nuclear negotiations held in Oman last Friday.

The two leaders spoke behind closed doors for more than two and a half hours in what Trump described as a “very good meeting” but said no major decisions were made and stopped short of publicly accepting Netanyahu’s entreaties.

Trump has threatened strikes on Iran if no agreement is reached, while Tehran has vowed to retaliate, stoking fears of a wider war as the US amasses forces in the Middle East. He has repeatedly voiced support for a secure Israel, a longstanding US ally and arch-foe of Iran.

In media interviews on Tuesday, Trump reiterated his blunt warning to Iran, while saying he believes Tehran wants a deal.

“There was nothing definitive reached other than I insisted that negotiations with Iran continue to see whether or not a Deal can be consummated,” Trump said in a social media post after the meeting with Netanyahu. “If it can, I let the Prime Minister know that will be a preference.”

“If it cannot, we will just have to see what the outcome will be,” Trump added, noting that the last time Iran decided against an agreement the US struck its nuclear sites last June.

TRUMP SAYS NO TO IRANIAN NUCLEAR WEAPONS, MISSILES

Trump told Fox Business in an interview broadcast on Tuesday that a good deal with Iran would mean “no nuclear weapons, no missiles,” without elaborating. He also told Axios he was considering sending a second aircraft carrier strike group as part of a major US buildup near Iran.

Israel fears that the US might pursue a narrow nuclear deal that does not include restrictions on Iran‘s ballistic missile program or an end to Iranian support for armed proxies such as Hamas and Hezbollah, according to people familiar with the matter. Israeli officials have urged the US not to trust Iran‘s promises.

Iran has rejected such demands and says the Oman talks focused only on nuclear issues.

“The Prime Minister emphasized the security needs of the State of Israel in the context of the negotiations, and the two agreed to continue their close coordination and tight contact,” Netanyahu’s office said in a statement after Wednesday’s talks.

The two leaders had also been expected to talk about potential military action if diplomacy with Iran fails, one source said.

Iran has said it is prepared to discuss curbs on its nuclear program in exchange for lifting sanctions but has ruled out linking the issue to missiles.

“The Islamic Republic’s missile capabilities are non-negotiable,” Ali Shamkhani, an adviser to Iran‘s supreme leader, said on Wednesday.

Netanyahu’s arrival at the White House was lower-key than usual. The two leaders were shown shaking hands in a photo released by the Israeli Embassy. But unlike previous Netanyahu visits with Trump, a press pool was not allowed into the Oval Office. It was not immediately known why he received such low-profile treatment.

GAZA ON THE AGENDA

Also on the agenda was Gaza, with Trump looking to push ahead with a ceasefire agreement he helped to broker. Progress on his 20-point plan to end the war and rebuild the shattered Palestinian enclave has stalled, with major gaps over steps such as Hamas disarming as Israeli troops withdraw in phases.

“We discussed the tremendous progress being made in Gaza, and the Region in general,” Trump said after the meeting.

Netanyahu’s visit, originally scheduled for Feb. 18, was brought forward amid renewed US engagement with Iran. Both sides at last week’s Oman meeting said the negotiations were positive and further talks were expected soon.

Trump has been vague about broadening the negotiations. He was quoted as telling Axios on Tuesday that it was a “no-brainer” for any deal to cover Iran‘s nuclear program, but that he also thought it possible to address its missile stockpiles.

Iran says its nuclear activities are for peaceful purposes, while the US and Israel have accused it of past efforts to develop nuclear weapons.

During a 12-day war last June, Israel heavily damaged Iran‘s air defenses and missile arsenal. Two Israeli officials say there are signs Iran is working to restore those capabilities.

Trump threatened last month to intervene militarily during a bloody crackdown on anti-government protests in Iran, but ultimately held off.

ISRAEL WARY OF A WEAKENED IRAN REBUILDING

Tehran’s regional influence has been weakened by Israel’s June attack, losses suffered by its proxies in Gaza, Lebanon, Yemen and Iraq, and the ousting of its ally, former Syrian President Bashar al‑Assad.

But Israel is wary of its adversaries rebuilding after the multifront war triggered by Hamas’s Oct. 7, 2023, assault on southern Israel.

While Trump and Netanyahu have mostly been in sync and the US remains Israel’s main arms supplier, they appear to be at odds on another key issue.

Part of Trump’s Gaza plan holds out the prospect for eventual Palestinian statehood – which Netanyahu and his coalition have resisted.

Netanyahu’s security cabinet on Sunday authorized steps that would make it easier for Israeli settlers in the West Bank to buy land while granting Israel broader powers in what the Palestinians see as part of a future state.

The decision drew international condemnation, and Trump on Tuesday reiterated his opposition to West Bank annexation.

Continue Reading

Uncategorized

Gaza Peace Plan Stalls Amid Reports of US Allowing Hamas to Keep Some Arms, Israel Readying New Offensive

Israeli military vehicles drive past destruction in Gaza, as seen from the Israeli side of the Israel-Gaza border in southern Israel, Jan. 21, 2026. Photo: REUTERS/Amir Cohen

The US-backed plan to end the war in Gaza appears to have hit major roadblocks, with Hamas reportedly being allowed to keep some small arms and Israel readying its military for a new offensive to disarm the Palestinian terrorist group.

According to a New York Times report, officials involved in the US-led Board of Peace have drafted a plan that would let Hamas retain small arms while giving up longer-range weapons, a move Israeli officials warn would let the terrorist group maintain its grip on Gaza.

The compromise could further strain the already fragile ceasefire, under which further Israeli military withdrawals from Gaza are tied to Hamas’s disarmament.

The draft plan reportedly calls for a “phased disarmament” of Hamas over several months, with heavy weapons “decommissioned immediately.” However, details remain unclear on where surrendered arms would go or how the plan would actually be enforced.

The initial framework would also require “personal arms” to be “registered and decommissioned” as a new Palestinian administration takes charge of security in the war-torn enclave.

Israel has previously warned that Hamas must fully disarm for the second phase of the ceasefire to move forward, pointing to tens of thousands of rifles and an active network of underground tunnels still under the Islamist group’s control.

If the Palestinian terrorist group does not give up its weapons, Israel has vowed not to withdraw troops from Gaza or approve any rebuilding efforts, effectively stalling the ceasefire agreement.

The Israel Defense Forces (IDF) currently occupy 53 percent of the Strip, with most of the Palestinian population living in the remaining portion of the enclave under Hamas control.

Israeli Prime Minister Benjamin Netanyahu has insisted the country will not accept anything less than the full demilitarization of Gaza, pledging to prevent Hamas from carrying out another attack like its Oct. 7, 2023, invasion of and massacre across southern Israel. The attack, in which Hamas-led Palestinian terrorists killed 1,200 people, kidnapped 251 hostages, and perpetrated rampant sexual violence, launched the war in Gaza, where Hamas had total governing control before Israel’s military campaign.

Under US President Donald Trump’s 20-point Gaza peace plan, phase two would involve deploying an international stabilization force (ISF), beginning large-scale reconstruction, and establishing a Palestinian technocratic committee to oversee the territory’s administration.

According to media reports, the ISF could total around 20,000 troops, though it remains uncertain whether the multinational peacekeeping force will actually help disarm Hamas. Indonesia, one of the contributing members, announced this week that it could provide up to 8,000 soldiers.

Hamas has repeatedly rejected disarmament, with senior official Khaled Meshal most recently suggesting that the group has never agreed to surrender its weapons.

“As long as there’s an occupation, there’s resistance,” Meshal said during the Al Jazeera Forum in Doha on Sunday.

Amid rising tensions, Israel is planning to resume military operations in the Gaza Strip to forcibly disarm Hamas, with the Times of Israel reporting that the IDF is drawing up plans for a renewed major offensive.

Israeli Defense Minister Israel Katz warned that Hamas will be disarmed by force if it continues to violate the ceasefire and pose a threat to Israel’s security.

“If Hamas does not disarm in accordance with the agreed framework, we will dismantle it and all of its capabilities,” the Israeli defense chief said this month.

Since the ceasefire took effect last year, both sides have accused each other of violations. This month, Israeli officials said that Hamas “has violated the agreement and focused its efforts on restoring its military capabilities.”

If Israel undertakes a renewed offensive, it could be far more intense than the IDF’s previous operations in Gaza over the past two years of conflict, which were constrained by efforts to protect the hostages.

Israeli officials have insisted that Hamas terrorists will continue fighting as long as they have access to weapons.

Last week, the IDF announced that a Hamas terrorist responsible for a deadly 2004 double suicide bombing, which killed 16 Israeli civilians and wounded over 100, was killed in an Israeli airstrike in the Gaza Strip.

The operation was part of a series of targeted strikes against terrorist operatives, carried out in response to an attack by gunmen on Israeli troops in the northern Gaza Strip, during which a reservist officer was seriously wounded.

Captured in 2004 and sentenced to prison, Basel Himouni was later released and exiled to Gaza in a 2011 deal, in which Israel exchanged 1,027 terror prisoners for captive IDF soldier Gilad Shalit.

According to the IDF, since his release, Himouni “returned to recruiting attackers and directing terrorist activity.”

Continue Reading

Uncategorized

Spanish Authorities Question Steel Workers Over Alleged Israeli Arms Sales, Sparking Outrage

Containers are seen in the Port of Vigo, Spain, March 13, 2025. Photo: REUTERS/Nacho Doce

Spanish authorities on Tuesday raided a steel factory near Bilbao, northern Spain, questioning staff over suspected violations of the country’s arms embargo on Israel – a move that has sparked outrage among local Jewish leaders and government officials, who denounced it as blatant intimidation.

According to the Spanish news outlet El Debate, police in Basauri – a town in Spain’s northern Basque Country – questioned staff at Sidenor Group, a steel manufacturer and trader, as part of a criminal investigation into alleged illegal arms sales to Israel.

José Antonio Jainaga, president of Sidenor, is accused of “smuggling and aiding in crimes against humanity or genocide by selling unauthorized batches of steel to Israel Military Industries,” according to the report.

However, Jainaga denied “any irregularity in the sales of steel to Israel” in testimony last year, asserting that the steel produced by Sidenor and exported to Israel was not “among the products subject to special control” by the Spanish government. 

The Action and Communication on the Middle East (ACOM) group, a leading pro-Israel organization in Spain, strongly condemned the government’s latest actions as part of a “pattern of political pressure on economic actors for ideological reasons” and an “authoritarian drift and threat to democratic standards.”

“What should have been an administrative compliance process is increasingly perceived as a show of force by a government that has strayed from the standards of transparency, proportionality, and legal certainty promoted by the European Union,” ACOM wrote in a post on X.

“The combination of state intervention with a political climate that tolerates — and sometimes encourages — aggressive activism against Israel and its partners creates a scenario in which civil liberties and the legal security of companies and citizens are steadily eroded,” the statement read.

ACOM also accused Spanish Prime Minister Pedro Sánchez of turning the country into one of Europe’s most hostile toward Israel, alleging the move was meant to divert attention from corruption scandals within his Spanish Socialist Workers’ Party and from recent electoral setbacks.

Since the start of the war in Gaza, Spain has launched a fierce anti-Israel campaign aimed at undermining and isolating the Jewish state on the international stage.

In September, the Spanish government passed a law to take “urgent measures to stop the genocide in Gaza,” banning trade in defense material and dual-use products from Israel, as well as imports and advertising of products originating from Israeli settlements.

More recently, Spanish officials also announced a ban on imports from hundreds of Israeli communities in the West Bank, eastern Jerusalem, and the Golan Heights. 

Among all European Union members, Spain is the second country to take such action, following Slovenia — one of the bloc’s smallest economies — which became the first EU member to ban Israeli products in August, and potentially to be joined by Ireland, where parliament is currently working on a similar measure.

As a major trading partner, Israel exports roughly $850 million in goods to Spain each year — about half the value of Spanish exports to Israel — with products from the West Bank and the Golan making up only a small fraction of those shipments, according to the Israel Export Institute.

Last year, the Spanish government also announced it would bar entry to individuals involved in what it called a “genocide against Palestinians” and block Israel-bound ships and aircraft carrying weapons from Spanish ports and airspace.

Spain has also canceled a €700 million ($825 million) deal for Israeli-designed rocket launchers, as the government conducts a broader review to systematically phase out Israeli weapons and technology from its armed forces.

Amid this increasingly hostile stance toward the Jewish state, the Sánchez administration is facing mounting pressure from the country’s political leaders and the Jewish community, who accuse the government of stoking antisemitic hostility.

In December, Spanish authorities granted Airbus, the European aerospace and defense company, exceptional permission to produce aircraft and drones using Israeli technology at its Spanish plants – a move that reflects growing pressure from companies and domestic interests against the government’s push for trade sanctions on Israel over the war in Gaza.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News