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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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Contributor to Drop Site News Says Israelis Should ‘Be Removed From Our Planet’
Abubaker Abed reporting from Gaza. Photo: Screenshot
Abubaker Abed, a self-described Palestinian journalist and contributor to the far-left news outlet Drop Site News, has come under intense scrutiny following the circulation of social media posts in which he called for the “wiping out” of Israel and said that Israelis “mustn’t feel safe.”
The remarks, which quickly spread across multiple online platforms, have prompted widespread condemnation and renewed skepticism over the credibility and coverage of Drop Site News, a controversial publication fiercely critical of Israel and US foreign policy in the Middle East.
“Wiping out Israel off the planet is not enough revenge. Israelis mustn’t feel safe anymore. Haunt them and go after them where they go. These terrorist parasites must be removed from our planet,” Abed posted on an Instagram story.
Drop Site co-founder Ryan Grim responded to the incident by clarifying that Abed’s comments do not reflect the editorial position or institutional stance of his publication. Grim, a far-left investigative reporter who has repeatedly accused Israel of committing “genocide” in Gaza, did not condemn the statements by Abed.
“We also are never going to police the language of anyone who survived a genocide,” Grim posted on X.
Abed, a social media influencer from Gaza who evacuated to Ireland during the Israel-Hamas war, has previously suggested that attacks on Jewish institutions might be justified if they signal support for Israel.
Following the recent attack on the Temple Beth Israel Synagogue in Michigan, Abed resurfaced a photo from the synagogue featuring an Israel soldier. Abed wrote that the attempted mass casualty event was justified because the assailant defended himself.
“A person is not criminally responsible if they act reasonably to defend themselves against an imminent and unlawful use of force,” Abed wrote in a since-deleted post on X. “Israel murdered his relatives and is illegally bombing and invading his country.”
The FBI said last week that the attack on the largest Jewish temple in Michigan was an “act of terrorism” inspired by Hezbollah, the Iran-backed Lebanese terrorist group committed to Israel’s destruction.
Drop Site, a new media organization which debuted in July 2024, has found itself under immense criticism over its coverage of the Israeli-Palestinian conflict and the broader Middle East. The outlet has consistently characterized Israel as a “genocidal” aggressor stoking chaos and violence throughout the region.
Meanwhile, Drop Site depicts internationally recognized terrorist groups such as Hamas, Hezbollah, and the Houthis in a far more favorable light. Drop Site lead reporter Jeremy Scahill routinely refers to Hamas as “the resistance” and has given softball interviews to Hamas leaders.
Drop Site has also defended the Iranian regime from accusations of terrorism, asserting that Tehran’s goals “center on national sovereignty.” The site contends that Iran has “sought to project influence regionally through allied governments and forces (Hezbollah, Hamas, Houthi, Iraqi Militants, etc.) what’s often called the ‘Axis of Resistance.’”
Some observers have raised alarm bells over the outlet’s growing popularity among establishment mainstream liberals. Ben Rhodes, a former Obama administration official and co-host of the popular “Pod Save America” podcast, has praised the outlet on his social media profile and confirmed he is a subscriber.
Drop Site’s expanding influence does not seem to be confined to left-wing or liberal ideological circles. Right-wing media personality Mike Cernovich contended on X that young conservatives are increasingly reading Drop Site “for Israel news.” Joe Kent, the former director of the US National Counterterrorism Center, over the weekend reposted a Drop Site article pushing Iranian regime propaganda falsely claiming the US was actually trying to kill a downed American airman — just hours before he was dramatically rescued.
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Frankfurt cinema declines to participate in Jewish film festival, spurring backlash
(JTA) — A Frankfurt cinema’s decision not to participate in the local Jewish film festival is spurring allegations of antisemitism, even as its manager says the move was financial.
The Jewish Community of Frankfurt announced last week that the Astor Film Lounge did not wish to host movies during Jewish Film Days this year. The cinema, it said, had cited its workers’ reluctance to staff movies that are part of the biennial festival, as well as concerns about the security required to host Jewish events.
“The decision unequivocally signifies that Jewish life, Jewish people, and a Jewish media presence are no longer welcome at the Astor Film Lounge,” the community said in a statement.
“This line of reasoning is not only disappointing, but sends a devastating societal signal: If Jewish life and Jewish presence are suppressed out of fear of potential reactions, then this effectively amounts to a capitulation to antisemitic pressure,” the statement continued. “The fact that Jewish life can only take place under police protection is already shameful. That this necessity for police protection is now being used as a pretext to completely prevent Jewish events is a scandal.”
But the cinema’s managing director, Tom Flebbe, contested the Jewish Community of Frankfurt’s interpretation of events. In a statement cited in a leading local newspaper, he said the theater had withdrawn this year for economic reasons, as only 40 to 50 guests had come to screenings last year.
Flebbe said a lower-level manager had made unauthorized and inaccurate remarks about security concerns.
“Economic viability is a legitimate and necessary basis for business decisions — regardless of the thematic context of an event,” Flebbe said, adding that other joint projects with the Jewish community will continue as planned.
“The ASTOR Film Lounge MyZeil views Jewish life as a natural and welcome part of this society,” the statement concluded. “The decision against participating in the 2026 Jewish Film Days is not against Jewish people, Jewish culture, or Jewish presence. It is the result of a careful consideration of economic factors. We regret that our reasoning has been interpreted in this way and stand by our decision.”
During the 2024 festival, a half-dozen venues hosted screenings as part of Jewish Film Days. The Astor Film Lounge hosted one screening, of the film “March ’68,” a love story set during the Polish government’s antisemitic campaign following Israel’s Six-Day War.
Film festivals have emerged as a frontier for tensions over Israel and antisemitism. Germany’s largest film festival, the Berlinale, was roiled by tensions this year as its jury head fended off calls to criticize Israel. A major Toronto film festival, meanwhile, ruffled feathers last year by first canceling and then screening a documentary about the Oct. 7 attack on Israel. And a Jewish film festival was canceled in Malmo, Sweden, last year because too few cinemas would agree to show movies for it.
Flebbe’s explanation for why Astor Film Lounge would not participate in this year’s Jewish Film Days did not satisfy everyone who heard it. The Berlin-based German-Jewish Values Initiative, a non-partisan think tank, in an open letter called the economic justification a “mere pretext.”
“To the best of our knowledge, the Jewish Community of Frankfurt was prepared to guarantee a minimum revenue” for the film festival, the letter said. By apparently giving in to “threats and antisemitic pressure,” it added, the cinema has capitulated “to the very forces seeking to drive Jews out of the public sphere.”
The post Frankfurt cinema declines to participate in Jewish film festival, spurring backlash appeared first on The Forward.
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Israeli, Serbian leaders denounce antisemitic statements at Belgrade protest
(JTA) — Israeli and Serbian officials are denouncing antisemitic comments made by demonstrators during a clash between Serbian students and police at a protest last week.
“Death to Vučić and all the Jews around him,” one protester said in a televised interview, referring to Serbian President Aleksandar Vučić. “Long live Serbia.”
The protest last Tuesday marked the latest flashpoint in a series of anti-government protests that have erupted across the country over the past year after 16 people died in an accident at a railway station in November 2024. Hundreds of students participated in the protest, which came as Serbian police searched the offices of the University of Belgrade as part of an investigation into the death of a female student. The school’s leadership claimed that the investigation was an “attack on the university” for its support for the student-led protest movement.
Serbia and Israel first established diplomatic relations in 1948, and Vučić told the Jerusalem Post last year that the country “will always appreciate, respect, and like the Jewish people and Israel.”
Nemanja Starović, the Serbian minister of European integration and the chair of Serbia’s delegation to the International Holocaust Remembrance Alliance, called on the protest leaders to “unambiguously condemn these antisemitic incidents and to immediately remove all antisemitic messages and slogans from university premises.”
“On multiple occasions over the past months, we have warned about the widespread antisemitic ideology within the so-called blockade movement at universities in Serbia,” Starović wrote in a post on X. “Ignoring this dangerous threat has allowed it to escalate into open calls for murder, which now appear as a logical and inevitable outcome.”
The Israeli Foreign Ministry condemned the demonstrator’s comments in a post on X.
“Israel strongly condemns the reprehensible antisemitic calls made yesterday in Belgrade,” the post read. “Israel appreciates the Serbian government’s immediate condemnation of these calls and its firm and consistent stance in the fight against antisemitism.”
Efraim Zuroff, the director of the Israel Office and Eastern European Affairs for the Simon Wiesenthal Center in Jerusalem, also condemned the antisemitic rhetoric in a Times of Israel op-ed.
“One gets the impression that this is a politically motivated to harm President Aleksandar Vučić, who has close ties with the State of Israel, key Jewish organizations such as AIPAC and the Serbian Jewish community,” Zuroff wrote. “That is completely unacceptable! If these things are not stopped, they will end up in dangerous violence, and therefore cannot be ignored.”
The controversy over the protest comes as antisemitism has surged in Europe in recent years. Last September, Serbia arrested 11 individuals accused of perpetrating hate-motivated acts in France and Germany, including throwing green paint on the Holocaust Museum, several synagogues and a Jewish restaurant in Paris.
The post Israeli, Serbian leaders denounce antisemitic statements at Belgrade protest appeared first on The Forward.