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.
Uncategorized
‘Remember 7.10.23’: In Israel, Hostage Square bears few remnants of a national crisis – but trauma lingers
(JTA) — TEL AVIV – In the days following the Oct. 7, 2023, Hamas attacks, the families of the hostages held in Gaza turned the plaza next to the Tel Aviv Museum of Art into what became known as Hostage Square.
Filled with “Bring Them Home” signs and hostage posters, yellow ribbons and yellow balloons, the square hosted demonstrations and press conferences.
It was here that the families created a replica of a Hamas tunnel and established the Empty Shabbat Table, a haunting art installation to remind visitors – and especially the Israeli government – that their loved ones still languished in Gaza. And it was here, two years later, that the families and thousands of other Israelis gathered to watch the last of the living hostages return to Israel.
Three years after the attack on Simchat Torah, there are few remnants of the hostage families’ encampment: the tunnel replica, a few yellow ribbons and a sign bearing the words “Remember 7.10.23.” During the days leading up to the third anniversary, some paid respects to the few hostage families who set up a sukkah on the square, but the plaza was nearly empty.
By all outward appearances, Israelis have moved on.
Yet beneath the surface, many are still grappling with the trauma of Oct. 7 and the multifront war the attack triggered.
In a Channel 12 TV poll in June, 74% of respondents said they fear that terrorists will carry out another large-scale attack, and 66% said they want the Oct. 7 attack to be investigated by a state commission of inquiry.
Last month, in an Israel Democracy Institute survey, 68% of Jewish Israelis and 32% of Arab Israelis said the Oct. 7 attack is a “central factor” in deciding which party to vote for, behind security and the high cost of living.
In the café at the edge of Hostage Square, Isaac Badra, a 33-year-old realtor, recalled how he and his wife opened their home to their upstairs neighbors because the Badras live on the “safer” ground floor and their Tel Aviv building has no bomb shelter. The trauma persists, he said.
He vividly remembered the air-raid sirens, reserve soldiers rushing to base on Simchat Torah and the frantic phone calls with his wife’s family near the Gaza border as Hamas attacked Sderot, where they live.
“My wife’s mother said she saw terrorists in the street, but I couldn’t grasp what she was saying,” he recalled. When he turned on the TV, he realized the scale of the attack. “I locked all of our doors and our windows and prayed.”
Three years later, Badra said, “When I hear noises outside, I jump. When Arab construction workers shout out to each other, I jump. And now I doubt whether my friends abroad really have our back.”
Roni Shoval, a defense industry worker from northern Israel not far from the Lebanon border, said the trauma of the past three years “is still inside me.” He called the attacks “a modern Holocaust for Israel.”
Even three years later, “I’m not ready to visit Nova,” he said, referring to the memorial at the site of the music festival where Hamas murdered 378 people and abducted dozens more. “Look, I’m getting goosebumps now just talking about it.”
Shoval, 54, is still doing IDF reserve duty, years beyond the maximum age because the IDF needs his expertise. He doesn’t want the same for his children.
“My son will be drafted soon,” he said. “Back in the day, I served in Gaza and Lebanon. I don’t want him sent to Gaza and Lebanon.”
At a nearby table, 24-year-old Yael Meyer sat with classmates from Tel Aviv University. The attack the previous day aboard a flydubai flight bound for Tel Aviv, they said, only reinforced the trauma of Oct. 7 and the war that followed.
“I’m always aware that there could be another terror attack. But I always had the sense that the security services would protect us.” Since Oct. 7, that trust in the government is gone, she said.
Her friend Talia Zecler, also 24, said she felt “helpless” after the attack. “I was angry at my country. Entire families were killed or kidnapped,” she added. “It feels like we’re living in an endless war.”
Her heart races when the sound of a passing motorcycle resembles an air-raid siren. But at the same time, she still marvels at the bravery and solidarity of ordinary Israelis in the months after the attack.
“People became more connected after Oct. 7. They volunteered everywhere, including at Hostage Square,” she said. “There was a sense of unity, that we’re in this together, and we saw it on the flydubai flight.
“This is the Israeli spirit.”
Sitting in the café with her parents, S., a 19-year-old IDF soldier, said the trauma she experienced on Oct. 7 at her home in Jerusalem “is minuscule” compared to the experience of those whose families were directly harmed by the attacks on the Gaza border and, later, attacks by Hezbollah, Iran and the Houthis.
“Sure, when I hear a plane flying in the sky, I think, will there be another war with Iran? I immediately go there,” said S., whose name could not be published due to military protocol.
But as the country prepares to vote for the next government on Oct. 27, she plans to channel her hopes and dreams in the voting booth.
“The most important things for me right now are to have a national investigation of what happened on Oct. 7 and to repair our relations not only with our immediate neighbors but everywhere. We don’t live in a vacuum,” she said.
The post ‘Remember 7.10.23’: In Israel, Hostage Square bears few remnants of a national crisis – but trauma lingers appeared first on The Forward.
Uncategorized
Antisemitic flyers turn up in Ontario neighborhood where a man charged at a synagogue two weeks ago
(JTA) — Police in the Ontario town where a gunman charged the Sons of Jacob synagogue on Yom Kippur are investigating antisemitic flyers distributed around the synagogue’s neighborhood..
In an Oct. 1 press release, Belleville, Ontario, police encouraged those with tips or video evidence to contact police.
“We recognize that incidents such as this can cause concern within our community,” the police said. “Hate has no place in Belleville, and the Belleville Police Service remains in contact with community leaders and are taking proactive steps to support the safety and well-being of residents.”
Police have not identified the distributor of the flyers, and no arrests have been made.
The Canadian Jewish News published photos of the flyers, which included antisemitic conspiracy theories, such as “every single aspect of the Covid agenda is Jewish” and “every single aspect of abortion is Jewish.”
Coming so soon after the attack, the flyers rattled Sons of Jacob congregant Sari Watson, 40. “It’s so incredibly concerning to see this sort of antisemitic rhetoric surface, less than two weeks after the shooting,” said Watson, who skipped attending services the night of the shooting because she was wary of the increase in antisemitic violence in Canada. “This is a sign that this sort of hatred has infiltrated the public consciousness here.”
Belleville police chief Murray Rodd has confirmed the Sept. 20 attack was deliberate.
“This was an exclusive threat to our Jewish community,” he said soon after the attack. “There is no indication there was a threat to any other population or segment of our community, and it was a hate-motivated crime.”
According to police and Ontario’s Special Investigations Unit, the shooter, identified as 29-year-old Sean Ward of nearby Quinte West, Ontario, opened fire on Const. Jeff Smith, who was stationed outside the synagogue as security. Smith, who was seriously wounded, returned fire, and another officer who arrived at the scene also fired at Ward. Ward later died of his injuries. Smith remains hospitalized.
A GoFundMe site dedicated to Smith’s recovery has raised nearly $1 million on behalf of the Canadian Jewish community.
This article originally appeared on JTA.org.
The post Antisemitic flyers turn up in Ontario neighborhood where a man charged at a synagogue two weeks ago appeared first on The Forward.
Uncategorized
From ‘false flag’ to ‘Bibiwood’: flydubai attack spawns conspiracy theories
(JTA) — JERUSALEM – A young girl steps out of the bathroom on a flight and glimpses a bloody scene unfolding in the cockpit: the co-pilot is attacking the pilot with an axe. She screams for help.
A handful of unarmed passengers, still tanned from their vacations in Thailand, rushes by her, successfully grabbing the control wheel as the plane plunges 17,000 feet. They also manage to save the life of the bloodied pilot.
It sounds like the climactic scene from a high-stakes action movie, yet by now most people know that this is what happened last week on a Tel Aviv-bound flydubai jet.
Or did it happen? It is so fantastical that maybe it is just a fabricated story or an event staged by Israel’s Mossad? That is what millions of people on social media seem to be suggesting in online posts.
Even after nonstop media interviews with the hero pilot or with the ordinary passengers who took control of the plane, conspiracy theories about the attempted hijacking are swirling. Some mockingly insist the event never happened. Others say it was a false flag operation. And many of the comments invoke deep-rooted antisemitic tropes.
Some accuse Israeli Prime Minister Benjamin Netanyahu of staging the incident for political survival or to divert attention from the war in Gaza. Others say it was an attempt by Israel to play the victim or garner global sympathy.
“Brought to you by Bibiwood Productions,” wrote one person commenting on a CNN report posted on Facebook.
“Just stop already,” wrote another person beneath CBS’s clip of interviews with the men who fought the rogue co-pilot posted to Instagram. “It’s seriously embarrassing at this point. We didn’t believe it when the news broke; we didn’t believe it the first time you aired this interview. Reposting clips will not convince anyone with half a brain.”
“Bulls–t,” wrote another person.
Monitoring online responses as the attempted hijacking was unfolding last Wednesday, the Combat Antisemitism Movement’s Antisemitism Research Center found that the first conspiracy theories were posted just 67 minutes after the plane sent its first distress signal.
Within five hours, the ARC documented 1,000 hostile posts, and after 12 hours, 2,963 posts. The posts generated at least 30,000 likes and more than 3 million views.
“The fact is that internet companies have promoted a much more open free-speech policy these days, especially on Instagram and X,” said Sacha Roytman, CAM’s Chief Executive Officer, adding that it’s not just the posts that are problematic but also the comments they generate.
“They [the social media platforms] don’t control information anymore; they don’t want to control it,” he said.
Roytman added that another factor is that agitators – likely from Russia or Qatar – have learned how to build an effective bot network to spread misinformation. When the first post appeared after only 67 minutes, he said, “we knew it was not a human posting because no one cares to go online and start posting [that fast].”
“They were activated extremely fast and set up the stage to create an environment that’s toxic enough for other users to be inspired to find the stories they need to build their own claims,” Roytman said.
Amit Cohen, a research fellow at the Institute for National Security Studies and an expert in cyberattacks and digital fraud, said that during such events, “there is often a gap between what the public wants to know and the amount of verified information available at that moment.
“That is exactly the kind of environment in which rumors and conspiracy theories can develop very quickly,” she said. “In this case, claims appeared online within a short period of time suggesting that the event did not happen as reported, that the videos were fake, or that the incident was staged or a false flag.
“Posts like these are not necessarily the original source of the conspiracy theory,” she said, “but they can function as ignition points.”
Cohen said it was important to distinguish between those who “deliberately create disinformation and those who spread it.”
“Someone may share misleading content simply because it fits what they already believe, because it provokes a strong emotional reaction, or even because it seems interesting or ‘worth looking into,’” she said. “They do not need to know where the message originated, and they certainly do not need to be part of any coordinated campaign.”
Gal Yavetz, a senior lecturer of Artificial Intelligence at Bar-Ilan University, said the flydubai story was so incredible, it left many people “looking for answers.”
“Inevitably, some people will accept more natural explanations, and others, who are more extreme, will go and blame the Jews for it,” Yavetz said, pointing out that similar conspiracy theories arose over the summer when thousands of Moroccan nationals flooded Spain’s North African enclave of Ceuta in July.
“Every time there is something that we can’t really understand, that we can’t really explain, we blame the usual suspects — the Jews, the Jews who control the world, the Jews who are the natural scapegoat,” he said, adding that since the Oct. 7, 2023, deadly Hamas raids in Israel, conspiracy theories have become commonplace and all it takes is for a handful of people to start questioning the veracity of the events.
Posts by Egyptian-born, LA-based political satirist Bassem Youssef, known for his controversial comments about Israel and Jews, are a good example. In a series of videos, he mocks the flydubai event and raises suspicions about what really happened.
In one clip posted on X and viewed 130,000 times, Youssef, whose career was supercharged in 2012 when he was boosted by Jewish comedian Jon Stewart, even terms it a “Hollywood production,” drawing on what critics say are familiar antisemitic conspiracy tropes about Jewish control of Hollywood and, by extension, the world.
“I wish it was chatbots, but the truth of the matter is that social media is a breeding ground for this kind of discourse,” said Yavetz, who specializes in social media, political communication and the spread of misinformation and disinformation online.
“They are definitely helping to spread and to reshare most of this misinformation and disinformation, but we know from previous studies that it is really just a negligible number compared to just regular people who are going to the more extreme sides and just taking their own outrageous opinions to social media just because it is now so easy to do so,” he said.
“You don’t really need to do much; you just need to make sure that you can stand behind your claims, and all of a sudden an outrageous post will have 1,000 likes, then 10,000 likes, and these comments are just circulating again and again, going from Facebook to WhatsApp to Messenger and back to Twitter with screenshots and back to Instagram… It’s a flood that you can’t really stop by taking out an umbrella,” Yavetz said.
INSS’s Cohen, who is also a national security expert with the Dvorah Forum, a group that promotes women’s voices in foreign policy, said that “conspiracy theories are not new, but the digital environment has changed their speed, scale, and the ability to obscure where a message originally came from.”
She explained that “in the past, there were more intermediaries between the person producing information and a large audience. Today, a single account can post a claim and reach very large audiences within a very short time.”
And, Cohen added, AI has made the problem worse.
“Mainly because it has dramatically reduced the time, cost, and skill required to create convincing content,” she said.
It has also made it harder for people to believe what appears on their screens.
“The problem is no longer only that AI can create fake content that looks real. It also makes it easier to dismiss real content by claiming that it is fake,” said Cohen. “Once the public knows that convincing images, audio, and video can be artificially generated, the existence of visual evidence no longer necessarily ends the debate.”
This article originally appeared on JTA.org.
The post From ‘false flag’ to ‘Bibiwood’: flydubai attack spawns conspiracy theories appeared first on The Forward.
