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‘Two Israels’: What’s really behind the judicial reform protests
(JTA) — When Benjamin Netanyahu put his controversial calls for judicial reform on pause two weeks ago, many thought the protesters in Israel and abroad might declare victory and take a break. And yet a week ago Saturday some 200,000 people demonstrated in Tel Aviv, and pro-democracy protests continued among Diaspora Jews and Israeli expats, including those who gather each Sunday in New York’s Washington Square Park.
On its face, the weeks of protest have been about proposed legislation that critics said would sap power from the Israeli Supreme Court and give legislators — in this case, led by Netanyahu’s recently elected far-right coalition — unchecked and unprecedented power. Protesters said that, in the absence of an Israeli constitution establishing basic rights and norms, they were fighting for democracy. The government too says the changes are about democracy, claiming under the current system unelected judges too often overrule elected lawmakers and the will of Israel’s diverse electorate.
But the political dynamics in Israel are complex, and the proposals and the backlash are also about deeper cracks in Israeli society. Yehuda Kurtzer, president of the Shalom Hartman Institute of North America, recently said in a podcast that the crisis in Israel represents “six linked but separate stories unfolding at the same time.” Beyond the judicial reform itself, these stories include the Palestinians and the occupation, a resurgent patriotism among the center and the left, chaos within Netanyahu’s camp, a Diaspora emboldened to weigh in on the future of Zionism and the rejection on the part of the public of a reform that failed the “reasonableness test.”
“If these protests are effective in the long run, it will be, I think, because they will have succeeded at reorganizing and mobilizing the Israeli electorate to think and behave differently than before,” said Kurtzer.
I recently asked observers, here and in Israel, what they feel is really mobilizing the electorate, and what kind of Israel will emerge as a result of the showdown. The respondents included organizers of the protests, supporters of their aims and those skeptical of the protesters’ motivations. They discussed a slew of issues just below the surface of the protest, including the simmering Israeli-Palestinian conflict, divisions over the increasing strength of Israel’s haredi Orthodox sector, and a lingering divide between Ashkenazi Jews with roots in Europe and Mizrahi Jews whose ancestry is Middle Eastern and North African.
Conservatives, meanwhile, insist that Israeli “elites” — the highly educated, the tech sector, the military leadership, for starters — don’t respect the will of the majority who brought Netanyahu and his coalition partners to power.
Here are the emerging themes of weeks of protest:
Defending democracy
Whatever their long-term concerns about Israel’s future, the protests are being held under the banner of “democracy.”
For Alon-Lee Green, one of the organizers of the protests, the issues are equality and fairness. “People in Israel,” said Green, national co-director of Standing Together, a grassroots movement in Israel, “hundreds of thousands of them, are going out to the streets for months now not only because of the judicial reform, but also — and mainly — because of the fundamental question of what is the society we want to live in: Will we keep living in a society that is unequal, unfair and that is moving away from our basic needs and desires, or will it be an equal society for everyone who lives in our land?”
Shany Granot-Lubaton, who has been organizing pro-democracy rallies among Israelis living in New York City, says Netanyahu, National Security Minister Itamar Ben-Gvir and the coalition’s haredi Orthodox parties “are waging a war against democracy and the freedoms of citizens.”
“They seek to exert control over the Knesset and the judicial system, appoint judges in their favor and legalize corruption,” she said. “If this legal coup is allowed to proceed, minorities will be in serious danger, and democracy itself will be threatened.”
Two researchers at the Institute for Liberty and Responsibility at Herzliya’s Reichman University, psychology student Benjamin Amram and research associate Keren L.G. Snider, said Netanyahu’s proposed judicial reform “undermines the integrity of Israel’s democracy by consolidating power.”
“How can citizens trust a government that ultimately has no limitations set upon them?” they asked in a joint email. “At a time when political trust and political representation are at the lowest points, this legislation can only create instability and call into question the intentions of the current ruling party. When one coalition holds all the power, laws and policies can be swiftly overturned, causing instability and volatility.”
A struggle between two Israels
Other commentators said the protests revealed fractures within Israeli society that long predated the conflict over judicial reform. “The split is between those that believe Israel should be a more religious country, with less democracy, and see democracy as only a system of elections and not a set of values, and those who want Israel to remain a Jewish and democratic state,” Tzipi Livni, who served in the cabinets of right-wing prime ministers Ariel Sharon and Ehud Olmert before tacking to the center in recent years, recently told Haaretz.
Author and translator David Hazony called this “a struggle between two Israels” — one that sees Israel’s founding vision as a European-style, rights-based democracy, and the other that sees that vision as the return of the Jews to their ancient homeland.
“Those on the first side believe that the judiciary has always been Israel’s protector of rights and therefore of democracy, against the rapaciousness and lawlessness of politicians in general and especially those on the right. Therefore an assault on its supremacy is an assault on democracy itself. They accuse the other side of being barbaric, antidemocratic and violent,” said Hazony, editor of the forthcoming anthology “Jewish Priorities.”
As for the other side, he said, they see an activist judiciary as an attempt by Ashkenazi elites to force their minority view on the majority. Supporters of the government think it is entirely unreasonable “for judges to think they can choose their successors, strike down constitutional legislation and rule according to ‘that which is reasonable in the eyes of the enlightened community in Israel,’” said Hazony, quoting Aharon Barak, the former president of the Supreme Court of Israel and bane of Israel’s right.
(Naveh Dromi, a right-wing columnist for Yediot Achronot, puts this more bluntly: “The problem,” she writes, “lies in the fact that the left has no faith in its chance to win an election, so it relies on the high court to represent it.”)
Daniel Tauber, an attorney and Likud Central Committee member, agrees that those who voted for Netanyahu and his coalition have their own concerns about a democracy — one dominated by “elites,” which in the Israeli context means old-guard Ashkenazi Jews, powerful labor unions and highly educated secular Jews. “The more this process is subject to veto by non-democratic institutions, whether it be the Court chosen as it is, elite military units, the Histadrut [labor union], or others, the more people will lose faith in democracy,” said Tauber.
Green also said there is “a war waging now between two elites in Israel” — the “old and more established liberal elite, who consist of the financial, high-tech army and industry people,” and the “new emerging elite of the settlers and the political far-right parties.”
Israelis protest against the government’s planned judicial overhaul, outside the Supreme Court in Jerusalem, March 27, 2023. (Jamal Awad/Flash90)
And yet, he said, “I think we will lose if one of these elites wins. The real victory of this historic political moment in Israel will be if we achieve true equality, both to the people who are not represented by the Jewish supremacists, such as the Palestinian citizens of Israel, and to the people who are not represented by the ‘old Israel,’ such as the haredi and Mizrahi people on the peripheries.”
The crises behind the crisis
Although the protests were ignited by Netanyahu’s calls for judicial reform, they also represented pushback against the most right-wing government in Israeli history — which means at some level the protests were also about the Israeli-Palestinian conflict and the role of religion in Israeli society. “The unspoken motivation driving the architects and supporters of the [judicial] ‘reform,’ as well as the protest leaders, is umbilically connected to the occupation,” writes Carolina Landsmann, a Haaretz columnist. If Netanyahu has his way, she writes, “There will be no more two-state solution, and there will be no territorial compromises. The new diplomatic horizon will be a single state, with the Palestinians as subjects deprived of citizenship.”
Nimrod Novik, the Israel Fellow at the Israel Policy Forum, said that “once awakened, the simmering resentment of those liberal Israelis about other issues was brought to the surface.” The Palestinian issue, for example, is at an “explosive moment,” said Novik: The Palestinian Authority is weakened and ineffective, Palestinian youth lack hope for a better future, and Israeli settlers feel emboldened by supporters in the ruling coalition. “The Israeli security establishment took this all into account when warning the government to change course before it is too late,” said Novik.
Kurtzer too noted that the Palestinians “also stand to be extremely victimized following the passage of judicial reform, both in Israel and in the West Bank.” And yet, he said, most Israelis aren’t ready to upend the current status quo between Israelis and Palestinians. “It can also be true that the Israeli public can only build the kind of coalition that it’s building right now because it is patently not a referendum on the issue of Palestinian rights,” he said.
Religion and state
Novik spoke about another barely subterranean theme of the protests: the growing power of the haredi, or ultra-Orthodox, parties. Secular Israelis especially resent that the haredim disproportionately seek exemption from military service and that non-haredi Israelis contribute some 90% of all taxes collected. One fear of those opposing the judicial reform legislation is that the religious parties will “forever secure state funding to the haredi Orthodox school system while exempting it from teaching the subjects required for ever joining the workforce. It is to secure for them an exemption from any military or other national service. And it is to expand the imposition of their lifestyle on non-Orthodox Israelis.”
What’s next
Predictions for the future range from warnings of a civil war (by Israel’s president, Isaac Herzog, among others) to an eventual compromise on Netanyahu’s part to the emergence of a new center electorate that will reject extremists on both ends of the political spectrum.
David E. Bernstein, a law professor at the George Mason University School of Law who writes frequently about Israel, imagines a future without extremists. “One can definitely easily imagine the business, academic and legal elite using their newfound political voice to insist that future governments not align with extremists, that haredi authority over national life be limited, and, perhaps most important, that Israel create a formal constitution that protects certain basic rights,” he said. “Perhaps there will also be demand to counter such long-festering problems as corruption, disproportionate influence over export markets by a few influential families, burgeoning lawlessness in the Arab sector and a massive shortage of affordable housing.”
Elie Bennett, director of International Strategy at the Israel Democracy Institute, also sees an opportunity in the crisis.
In the aftermath of the disastrous 1973 Yom Kippur war, he said, Israel “rebuilt its military and eventually laid the foundations for today’s ‘startup nation.’ In this current crisis, we do not need a call-up of our reserves forces, or a massive airlift of American weaponry to prevail. What we need is goodwill among fellow Israelis and a commitment to work together to strengthen our society and reach an agreed-upon constitutional framework. If we are able to achieve such an agreement, it will protect our rights, better define the relationships between the branches of government, and result in an Israel that is more stable and prosperous than ever as we celebrate 75 years of independence.”
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In its first detailed response to ‘NAZA’ documentary, IDF claims ‘fundamental errors’
(JTA) — The IDF on Thursday issued its first detailed response to “NAZA” after viewing the full documentary alleging Israeli forces knowingly killed large numbers of civilians in the Gaza war, accusing the filmmakers of making fundamental errors about how civilian-casualty estimates, strike approvals and intelligence tools were used.
“The film’s narrative is based on substantial factual errors stemming from a misrepresented and manipulative depiction of reality,” the IDF said in a statement accompanying its findings. The film “presents a distorted, misleading and disingenuous picture of the IDF’s target planning and striking process,” the military said, arguing that it conflates preliminary intelligence work with the later operational and legal process used to decide whether and how a target can be struck.
The filmmakers, who are Israeli, have previously defended the film’s reporting, saying the identities of its anonymous sources and the cases they described were verified and that editors at the Guardian, which produced the film, had access to the underlying material.
The 10-page response came after an IDF representative attended a screening of “NAZA,” directed by filmmakers Yuval Abraham and Rachel Szor, in Bologna, Italy, allowing the military to assess the full film for the first time. The army had previously rejected the documentary’s allegations based on excerpts and publicly available material, saying at the time that the filmmakers had not provided it with a copy despite a request to do so.
The film is based on interviews with 24 Israeli soldiers, most of them intelligence personnel, who describe their roles in surveillance, target selection and strikes in Gaza. NAZA is the Hebrew acronym for collateral damage. The film, which won the Special Jury Prize at the Venice Film Festival last month, argues that the military accepted high civilian casualty estimates, relied heavily on AI tools to generate targets and weakened safeguards governing strikes.
The IDF in its response Thursday rejected one of the documentary’s most prominent claims, that a strike had been approved despite an estimated civilian death toll of about 500. The military said it had “never planned, approved or carried out” a strike in which 500 civilians, or “anything close to that number,” were expected to be killed.
The IDF also rejected the film’s claim that junior Hamas operatives could be approved for targeting with up to 20 expected civilian casualties, and that senior commanders could be targered with as many as 200. It said the film had confused thresholds requiring approval from more senior commanders, who could then reject the operation, with permission to kill a fixed number of civilians. The military said that no 200-casualty approval threshold had ever existed and that actual thresholds were “much lower,” without specifying what the thresholds were.
The IDF did acknowledge that several incidents involving civilian deaths near humanitarian aid distribution sites prompted operational reviews, changes to instructions and other measures in those areas. However, it disputed testimony that soldiers fired indiscriminately at civilians near the sites and said troops were permitted to fire only at militants or people posing an immediate threat.
Abraham has accused Israeli media of failing to seriously investigate civilian casualties and rules of engagement in Gaza during the war.
The IDF also rejected the film’s suggestion that civilians who remained in evacuation zones could then be treated as legitimate targets. It said evacuation orders did not change a civilian’s status and that every strike still required identification of a military target and a separate proportionality assessment.
When it came to the film’s portrayal of “Lavender” as an AI-powered list of targets approved for attack, the military said the production had misunderstood what the program was: a database used to cross-reference intelligence on members of militant groups which did not make someone in the database a target.
“Artificial intelligence does not determine whether an object or a person is designated as a target, nor whether a target is struck,” the IDF said, adding that those decisions are made by human analysts and commanders.
The IDF also argued that many of the anonymous soldiers featured in “NAZA” were describing only “limited, initial stages” of the targeting process. “Such testimonies therefore cannot be treated as a complete account of the policies at hand, the decisions made and what ultimately happened,” the military said.
A Guardian News & Media spokesperson, in a statement sent to the Jewish Telegraphic Agency, said the Guardian “stands fully behind the film,” which it said was based on three years of reporting by the outlet and its partners and interviews with more than 100 sources familiar with IDF systems used in Gaza, including senior commanders involved in authorizing strikes.
The Guardian also rejected what it described as the IDF’s attempt to portray the film’s interviewees as “junior-ranking officers involved only in the early stages of the targeting process.”
“They include officers and soldiers who were involved in multiple stages of the targeting process in Gaza, including intelligence, operations and the final authorization process,” the statement said.
The military did not describe all 24 participants as junior personnel and said only that the testimony of the soldiers interviewed in the film “generally” focused on “limited, initial stages” of the targeting process.
The Guardian said the “process of assessing the credibility of the testimonies was rigorous” and included “leaked classified documents, detailed verification of specific strikes and corroboration via a wider pool of confidential journalistic sources who did not appear on camera in the film.”
The Guardian also said the New York Times, Washington Post and Associated Press had “confirmed the IDF’s use of AI-driven systems in the Gaza offensive and the loosening of safeguards to protect civilians.”
The IDF disputed the film’s suggestion that it did not examine civilian casualties after attacks. Several units tracked strike outcomes and civilian-casualty reports and hundreds of incidents had been reviewed during the war, the military said, arguing that intelligence personnel interviewed in “NAZA” do not appear to belong to those units and “are not positioned to testify on this matter.”
The IDF rejected the film’s criticism that its collateral-damage estimates did not distinguish between adults and children. It said international law treats all civilians as protected regardless of age, adding that when commanders knew children were present, that information “led commanders to cancel, postpone or replan strikes.”
It also pushed back on an interviewee’s claim that the IDF believed there were “no uninvolved civilians in Gaza,” saying that may have reflected the soldier’s personal views but did not represent military policy or orders. It also rejected the film’s genocide allegations, saying the interviewees were not in positions to establish genocidal intent by senior commanders or political leaders.
The IDF also criticized the filmmakers’ reporting methods, saying they provided no dates, locations or other identifying details for alleged strikes and did not put their specific allegations to the military before the film’s release. “The filmmakers could have identified and avoided the substantial errors apparent in the film had they conducted adequate verification and corroboration in good faith. The end result shows they did not,” the military said.
The Guardian statement did not say whether the filmmakers solicited detailed responses from the IDF, and why if they did not..
The military said “NAZA” also gave insufficient weight to the Oct. 7 Hamas attack, the group’s use of civilian areas for military activity and measures Israel says it took to reduce civilian casualties, including warnings, changes to strike plans and the cancellation of attacks.
This article originally appeared on JTA.org.
The post In its first detailed response to ‘NAZA’ documentary, IDF claims ‘fundamental errors’ appeared first on The Forward.
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Zara removes Halloween costume likened to concentration camp uniform
(JTA) — Spanish fashion retailer Zara removed a children’s Halloween costume from its website on Wednesday after social media users noted that the gray-and-blue striped outfit resembled prison garb worn by inmates in Nazi concentration camps.
Zara described the ensemble as “Kids costume featuring vertical stripes with decorative topstitching, a lapel flower and a distressed effect. Includes a cardigan and shorts. Gray / Blue.”
The post was visible via a Google search that continued to display an indexed version of the Zara product page after the listing itself had been removed.
The costume resembles the suit worn by Michael Keaton’s title character in the 1988 horror-comedy “Beetlejuice” and its 2024 sequel, “Beetlejuice Beetlejuice.” Even so, social media users said the vertical stripes and shiny crisscrosses, which some media outlets described as “fake stitched scars,” resembled concentration camp uniforms and the barbed wire visible in many World War II photos.
Priced at $59.90 in the U.S., according to another indexed version of the listing, the costume drew criticism online in Europe on Tuesday. It gained wider attention Wednesday after Israeli journalist Dov Gil-Har, activist Hen Mazzig and others shared images of it on X.
The listing was no longer accessible by Wednesday afternoon. It was unclear exactly when Zara removed it. No reason was given for its removal, and Zara has not made any public statements regarding the controversy, nor has it responded to the Jewish Telegraphic Agency’s request for comment.
One Instagram commenter wrote “@zara how many levels of approval did this go though (sic)? Who is working for you?” A Facebook user said “It’s supposed to be a groom costume. It does somewhat resemble a (sic) Auschwitz uniform. With all the anti-semitism on the rise I am not surprised.” Another Instagram user asked, “What were they claiming it was meant to be?”
Zara has in the past faced similar controversies over clothing that evoked Nazi or Holocaust imagery. In 2007, it withdrew a handbag from its stores after a customer discovered a swastika embroidered on it; Inditex, Zara’s parent company, said the symbol had not appeared on the design Zara had approved.
In 2014 Zara apologized for selling a blue-and-white-striped shirt with six-pointed yellow-star badges on the chest. The Zara Israel website identified it as a “striped sheriff t-shirt” and the word sheriff was cut out in small letters on the star. The likeness to concentration camp uniforms and the yellow Star of David badges Jews were forced to wear under Nazi rule led Zara to stop selling the shirts and destroy the remaining inventory.
When reached for comment, the Conference on Jewish Material Claims Against Germany, which represents Holocaust survivors in compensation negotiations, said the repeated incidents underscore the need for Holocaust education.
“This is not the first time this has happened and it once again makes abundantly clear: The glaring absence of Holocaust knowledge is pervasive,” Gideon Taylor, Claims Conference president, wrote in an email to JTA. “It shouldn’t take the risk of a Shoah survivor opening their door and seeing children that look like they are in concentration camp uniforms for us to see where we have to do better. This should serve as a message to us all of why Holocaust education is so important.”
This article originally appeared on JTA.org.
The post Zara removes Halloween costume likened to concentration camp uniform appeared first on The Forward.
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Jewish groups hail California law making it the first state to list ‘Jewish’ as an ethnicity
(JTA) — California is now the first state in the nation to deem “Jewish” an ethnic and racial identity, rather than just a religious affiliation.
Democratic Gov. Gavin Newsom on Wednesday signed SB 1387, a bill that expands California’s legal definition of ethnicity “to include Jewish identity” in demographic data collection. As of Jan. 1, 2029, forms distributed by public entities like schools and prisons will need to include a “Jewish” category when asking for voluntary disclosures of ethnicity or race.
David Bocarsly, CEO of Jewish California, a group that lobbies on behalf of a number of Jewish organizations in the state, described the signing in a statement as “a historic step for the Jewish community.”
“Under the shadow of Nazi race theory, American Jewish leaders asked the government to count us only as a religion,” he said, noting that this approach “didn’t work” and led to exclusion from data that shapes policy.
“Now hate crime, health, poverty, and education data will reflect who Jewish Californians actually are so we can ensure the best support for our community,” Bocarsly added. “Most importantly, it allows us to be seen as the diverse, complex people we are.”
The legislation was a priority among many Jewish groups across the Gold Rush state, who believe that Jewish peoplehood should be connected to more than just religion — and that the law should reflect this relationship.
Newsom, however, expressed some reservations in signing the bill into law.
“I strongly support this bill’s goal: accurate data leads to better understanding to inform policy,” Newsom, who is considering a presidential run in 2028, wrote in a signing statement. But he said he was concerned that the bill’s strictures would make it hard for state agencies to comply with the new law and with federal laws, and recommended revisiting the bill.
In addition to signing SB 1387 on Wednesday — the final day on which he could approve or veto bills in this year’s legislative session — Newsom also authorized AB 395, which will prohibit public meetings and graduations from being scheduled on major cultural and religious holidays.
“Californians of all faiths and backgrounds should be able to fully participate in public life,” the bill’s author, Democratic Assemblymember Jesse Gabriel, said in a statement.
“For too long members of our religious communities have been forced to choose between observing their faith and participating in important public events and academic milestones,” added Gabriel, who chairs the California Legislative Jewish Caucus.
Also on Wednesday, Newsom approved AB 1763, which will include religious holiday observance as a type of excused absence in schools without requiring a written request from a parent or guardian.
Newsom signed other bills relevant to the Jewish community in the past few days, including AB 2664, which will establish 100-foot protective zones around entrances to houses of worship.
Another new law is AB 1836, which will close a gap in California’s nonprofit security grant structure by extending funds to off-site religious events like Hanukkah menorah lightings. The governor also approved AB 1853, enacting a ban on including misleading or threatening information, like hate speech, in California voter guides.
This article originally appeared on JTA.org.
The post Jewish groups hail California law making it the first state to list ‘Jewish’ as an ethnicity appeared first on The Forward.
