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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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At Berlin screening, former Israeli hostages see film about their captivity rewritten after redemption
(JTA) — BERLIN — They stood outside Berlin’s Babylon theater, bundled against the cold, laughing and dragging on cigarettes: the Cunio twins David and Eitan, and their younger brother Ariel.
David and Ariel were among the last Israeli hostages released in October from Hamas captivity, after 738 days. Their presence in Berlin — for a screening of a film about them, now recut with a redemptive ending — felt almost like an apparition. On the other side of two heavy glass doors were hundreds of theatergoers, people who had long waited for this moment.
The brothers and their extended family were in Berlin for a second premiere of Tom Shoval’s film “Letter to David.” The original film, shown in 2025 at the Berlin International Film Festival, or Berlinale, dove deep into the struggles of a family whose members had been abducted from Kibbutz Nir Oz on Oct. 7, 2023. By then, six kidnapped members of the family, including three children, had been freed. But David and Ariel remained in captivity.
“Last year I was standing before the screening with a poster of David and Ariel. I was determined, every time I showed the film, to say that it’s an unfinished film,” Shoval told the sold-out audience at the theater in former East Berlin.
“And now I’m standing here. I have David in the audience, and I have Ariel in the audience,” he continued. “This is a precious, precious moment.”
The film “is a testament to love, hope and all the people who did not give up during the two years I was in captivity,” David Cunio said in Hebrew, standing on the stage with his extended family. “You gave me a voice when I could not be present. You were there for me.”
The film’s second showing came as tensions over the war in Gaza and Germany’s support for Israel roiled the Berlinale. After the jury’s president, director Wim Wenders, brushed off a journalist’s exhortation for the festival to take a stand against Israel, the Indian author Arundhati Roy announced she would not attend, and some 80 filmmakers and stars signed an open letter of protest.
Festival director Tricia Tuttle issued a statement saying that “artists should not be expected to comment on all broader debates about a festival’s previous or current practices over which they have no control. Nor should they be expected to speak on every political issue raised to them unless they want to.”
Journalists and filmmakers continued to raise the issue, even on the festival’s final weekend, when some award winners — including the Syrian-Palestinian director Abdullah Al-Khatib, who won best debut film — swatted back at the festival jury, criticizing what they see as Germany’s general support for Israel. Al-Khatib’s allegation that Germany has been “partners in the genocide in Gaza by Israel” prompted a German minister to walk out of the awards ceremony on Sunday.
Friday’s screening of “Letter to David” was by contrast a love fest, and the two police cars out front and uniformed officers circulating inside appeared to have little to do. The audience gave the entire family a standing ovation before the screening.
“I think this is a piece of history,” audience member Nirit Bialer, an Israeli who has lived for years in Berlin, said in an interview. “Just seeing the family, and just following the story about this family on the media, going to the Hostages Square in Israel every time I was there in the last two years: Wow, I’m speechless.”
The film’s original ending showed twins David and Eitan Cunio as actors, grappling with each other in an embrace that is both tender and violent, in a scene from Shoval’s feature film, “Youth,” screened at the Berlinale in 2013.
That ending now segues into a new conclusion, in which the reunited Cunio family embraces. They also view the film together, and Shoval captures their faces as the projector beams from behind.
Shoval said in an interview that he had not changed anything in the first part of the film. “I wanted to leave it as a time capsule, in a way, of how we perceived it back a year ago,” he said.
Though he had been invited to be with the family at their reunion, he chose not to, explaining, “I thought it’s a moment that belongs to them and not to me.”
But he spoke with David soon after he was released. And shortly afterward, he visited Sharon and David Cunio at their home. “I came in the morning and we sat until sunset together and we talked. Even when I’m thinking about it now, I’m getting emotional, because it was really…” He paused. “You’re waiting for a moment for this for so long.”
The Friday screening was not an official part of the Berlinale, but the beleaguered festival director Tuttle made a point of taking the stage herself. The film has been “finished in the way that Tom only hoped and dreamed and believed that he would be able to finish it,” she told the audience.
“We were horrified along with the world and all of you when David Cunio and many members of his family were abducted by Hamas,” she said. And on their release “we rejoiced with everyone as well.”
Saying that the new version was completed too late to be included in the festival schedule, Tuttle thanked two co-production companies that work closely with Israeli artists for backing Friday’s screening: the Israel-based Green Productions and the Berlin-based Future Narrative Fund.
Audience members seemed loath to leave the theater after the screening, lingering over what some described as mix of happiness and worry.
“The fact that David is able to see the movie makes us see the movie in a different way,” commented Konstantin, who had seen the original version last year. A young Jewish actor who lives in Berlin, he asked that his full name not be used, out of concerns about antisemitism. “With the ending, it’s like a full circle, completed.”
Seeing the film again with the Cunio family present “was very uplifting and very happy,” said Berliner Julia Kopp, who also saw the film last year. “But at the same time, it’s not a happy ending … I also have a bit of a heavy heart,” worrying about “how life will go on for them.”
Both brothers have indicated that reentry into everyday life has been challenging after two years of captivity for them and two years of traumatized advocacy by their loved ones. And Ariel Cunio and his partner Arbel Yehud, who was held in captivity until January, have raised nearly $1.8 million since launching a crowdfunding campaign last week aimed at allowing them the time and space to “come back to life.”
A crowdfunding campaign launched on behalf of David and Sharon Cunio their twin daughters, also former hostages, says, “The family not only has to deal with the trauma that follows being held hostage and the events that transpired on October 7th, but also needs to rebuild their entire lives from scratch.”
Shoval said the film — and the screening — offered a vision for what a more settled future might look like.
“For me, the film is about the unification of the brotherhood, and what that means to be torn apart from each other, but also to get back,” Shoval said. “They can sit in the theater and they can see themselves. They can see what they missed, what happened. They can project about the past, about the present. This is a power of cinema, I feel. It felt natural for me to do that: to bring them back.”
The post At Berlin screening, former Israeli hostages see film about their captivity rewritten after redemption appeared first on The Forward.
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He may have been the world’s most famous mime, but in this play, he won’t shut up
There is a kind of sublime poetry in Marcel Marceau’s first act.
As a young man in occupied France, Marceau (then Mangel) forged identity papers and shepherded dozens of Jewish children across the Alps to Switzerland. In scenarios where staying quiet was essential for survival, Marceau soothed his charges into silence with his own.
In Marcel on the Train, Ethan Slater and Marshall Pailet’s play of Marceau’s pre-Bip life, the world’s most famous mime is anything but silent.
The action of the play, which bounces through time back to Marcel’s father’s butcher shop and forward to a P.O.W. camp in Vietnam (don’t ask), unfolds over the course of a train ride. Slater’s Marceau is chaperoning four 12-year-old orphans, posing as boy scouts going on a hike.
The kids — played by adults — are a rambunctious lot. Marceau tries to put them at ease juggling invisible swords, performing Buster Keaton-esque pratfalls and exhausting his arsenal of Jewish jokes that circle stereotypes of Jewish mothers or, in one case, a certain mercenary business sense.
Pailet and Slater’s script toggles uncomfortably between poignancy and one-liners with a trickle of bathroom humor (the phrase “pee bucket” recurs more often than you would think.)
The terror of Marceau’s most melancholy escortee, Berthe (Tedra Millan) is undercut somewhat by her early, anachronistic-feeling declaration, “Wow, we’re so fucked.” The bumptious Henri (Alex Wyse) would seem to be probing a troubled relationship with Jewishness and passing, but does that discussion a disservice when he mentions how it wouldn’t be the biggest deal if he “sieged a little heil.” Adolphe (Max Gordon Moore) is described as “an exercise in righteousness” in the script’s character breakdown. Sure, let’s go with that.
The presence of a mute child, Etiennette (Maddie Corman), is tropey and obvious. It doesn’t suggest that she inspired him to abandon speaking in his performances, but it doesn’t dismiss that possibility either.
But the chattiness and contrived functions of the fictive children are made more disappointing by the imaginative staging maneuvering around the shtick. Slater, best known for his role in the Wicked films and as Spongebob in the titular Broadway musical, is a gifted physical performer.
When things quiet down, Pailet’s direction, and the spare set by scenic designer Scott Davis, create meadows of butterflies. Chalk allows Marceau to achieve a kind of practical magic when he writes on the fourth wall. One of the greatest tricks up the show’s sleeve is Aaron Serotsky who plays everyone from Marceau’s father and his cousin Georges to that familiar form of Nazi who takes his torturous time in sniffing out Jews.
Surely the play means to contrast silence and sound (sound design is by Jill BC Du Boff), but I couldn’t help but wonder what this might have looked like as a pantomime.
While the story has been told before, perhaps most notably in the 2020 film Resistance with Jesse Eisenberg, Slater and Pailet were right to realize its inherent stage potential. It’s realized to a point, though their approach at times leans into broad comedy that misunderstands the sensibilities of its subject.
Like Slater, who learned of the mime’s story just a few years ago, Marceau was an early acolyte of Keaton and Chaplin. But by most accounts he cut a more controlled figure — that of a budding artist, not a kid workshopping Borscht Belt bits on preteens.
The show ends with a bittersweet montage of Bip capturing butterflies (not jellyfish — you will probably not be reminded of Mr. Squarepants). It means to frame Marceau’s established style as a maturation that nonetheless retains a kind of innocence, stamped by the kids he rescued.
“You’ll live,” Berthe tells him in a moment of uncertainty. “But I don’t think you’ll grow up.”
In Marceau there was, of course, a kind of Peter Pan. But there’s a difference between being childlike and being sophomoric.
Marcel on the Train is playing through March 26 at Classic Stage Company in New York. Tickets and more information can be found here.
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US soldier who protected Jews in POW camp during WWII to be awarded Medal of Honor
(JTA) — An American soldier who is credited with saving the lives of 200 Jewish comrades in a prisoner of war camp in Germany during World War II will receive the U.S. military’s highest decoration, the Medal of Honor.
The award to Roddie Edmonds, who died in 1985, was announced last week. It comes more than a decade after Israel’s Holocaust memorial, Yad Vashem, recognized him as a “Righteous Among the Nations” for his bravery and six years after President Donald Trump recounted his heroism during a Veterans Day parade.
Edmonds, a sergeant from Knoxville, Tennessee, was the highest-ranking soldier among a group taken prisoner during the Battle of the Bulge in January 2045 when the Nazis asked him to identify the Jews in the group. Understanding that anyone he identified would likely be killed, Edmonds made the decision to have all of the soldiers present themselves as Jews.
When a Nazi challenged him, he famously proclaimed: “We are all Jews here!”
The show of solidarity came to light only after Edmonds’ death, when a Jewish man who had been among the soldiers at the camp shared his recollection with the New York Times as part of an unrelated 2008 story about his decision to sell a New York City townhouse to Richard Nixon when Nixon was having trouble buying an apartment following his resignation as president.
When they found the article several years later, it was the first that Edmonds’ family, including his pastor son Christ Edmonds and his granddaughters, had heard about the incident. Soon they were traveling to Washington, D.C., and Israel for ceremonies honoring Edmonds, one of only five Americans to be credited as Righteous Among the Nations, an honor bestowed by Israel on non-Jews who aided Jews during the Holocaust.
As the family campaigned for a Medal of Honor, Edmonds was also the recipient of bipartisan praise from two American presidents.
“I cannot imagine a greater expression of Christianity than to say, I, too, am a Jew,” President Barack Obama said during remarks at the Israeli embassy in Washington, D.C., on International Holocaust Remembrance Day in 2016.
Three years later, President Donald Trump recounted the story at the New York City Veterans Day Parade. “That’s something,” he said. “Master Sergeant Edmonds saved 200 Jewish-Americans — soldiers that day.”
Last week, Trump called Chris Edmonds to invite him to the White House to receive the Medal of Honor on his father’s behalf, Chris Edmonds told local news outlets. The Medal of Honor ceremony is scheduled for March 2.
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