The Netanyahu-Levitt Amendment and the Judiciary Dispute: The Case for a Demonstration in Israel, Not the Supreme Court

It might seem an arcane issue to trigger a massive popular uprising, but Israelis promptly concluded their democracy was at stake, and what followed was one of the most far-reaching, disciplined and determined waves of protests inside a democratic country in recent memory.

Netanyahu criticized the refusal of some Reserve soldiers to serve or train in the military in order to protest the planned changes. The prime minister fired the defense minister because he was against the plan.

For Netanyahu, the plan was convenient. It created the possibility of escaping his own legal woes, since one of the controversial bills recently passed would make it more difficult for a prime minister to be declared unfit for office and would make the Knesset, now controlled by Netanyahu’s allies – not the Supreme Court – the arbiter of his fitness to serve. Netanyahu says that the judicial change has nothing to do with his legal situation.

Netanyahu and his supporters believe that the Supreme Court doesn’t represent the people of Israel. They argue the Supreme Court has overstepped its role, getting into issues it should not rule on.

Critics believe if the government has a bigger say in which judges are appointed, Netanyahu will be in a better position to get his way.

Yariv Levin, the Justice Minister said, “we go to the polls, vote and time after time, people we didn’t choose decide for us.”

The Israeli High Court: Critics of Israel’s Supreme Court Reforms and the Palestinians in Sheikh-Jarrah: A Call for Reforms from the High Court

One bill that could affect Netanyahu is the one about declaring a prime minister “unfit for office”.

Critics say Netanyahu is pushing the reform forward because of his own corruption trial, where he is accused of fraud and other crimes. He insists that he has not done anything wrong.

Netanyahu’s conflict of interest declaration was a part of a deal with the court to serve as the new prime minister despite being on trial. The Attorney General determined that Netanyahu was not involved in the policy-making of the judicial change. The Attorney General wrote a letter to Netanyahu saying he was in violation of the deal and the law, after a petition was filed in the Israeli Supreme Court to prevent him from being Prime Minister.

Palestinians in the West Bank could be affected, as well as Israeli citizens and those who hold residency cards. Israel’s Supreme Court has no influence on what happens in Gaza, which is ruled by the Palestinian militant group Hamas.

The evictions of Palestinian families in Sheikh Jarrah were stopped last year by the court after Jewish groups claimed the land they were evicted from was theirs.

The high court is accused of being biased against settlers by the far right in Israel and they have condemned it for approving the evictions of settlers from Gaza and the Northern West Bank in 2005.

Critics say the overhaul goes too far, and will completely destroy the only avenue available to provide checks and balances to the Israeli legislative branch.

The high-tech sector has spoken out against the reforms. Assaf Rappaport, CEO of cybersecurity firm Wiz, has said the firm won’t be moving any of the $300 million capital it recently raised to Israel because of the unrest over the overhaul.

Several former Mossad chiefs have also spoken out against the reforms, warning division over the issue is harming Israeli security. Hundreds of reservists in Israel’s army have warned they will not answer the call to serve if the reforms pass, saying they believe Israel will no longer be a full democracy under the changes.

It is not certain what kind of deal could be reached with the judiciary. When Netanyahu rejected a proposed compromise to his judicial plan around 10 days ago, President Isaac Herzog said Israel stood at the edge of the abyss, warning of an all-out civil war.

Like others, he was implicitly suggesting that if Israel’s democracy weakens, its ties with the US could do the same. That should make Netanyahu think. It certainly does for most Israelis, who understand that Israel’s democracy is fundamental to the country’s identity, to its security and to its prosperity.

Israel’s embassies closed during the recent national strike by Histadrut, the largest trade union in the world – a protest against the anti-Israeli government

The organizers of the protests plan to intensify their activities until the legislation is stopped. When voters elected the government in November, they said they wanted the reform to pass, according to the government.

The coalition government changed its plans for the first time in March, announcing that it had amended a bill that would change committee that selects judges. Instead of having the vast majority of the appointed seats on the committee, the government-appointed members would have a one-seat majority.

Israel’s embassies in the U.S. and elsewhere were among those that had to close because of the national strike called by Histadrut, the country’s largest trade union. The flights that were departing were on hold. Hospitals canceled non-urgent treatments. Universities canceled classes. Thousands of military duty soldiers were threatening to not report for duty.

In addition, Yair Lapid told the Knesset that the country was taken hostage by extremists and urged Netanyahu to halt the judicial reforms in order to return the country to normal.

Netanyahu has previously called for opposition politicians to meet with him to negotiate, something they have said they will only do if the legislative process is halted.

Protests in a High-Energy Syria: What Happens If the Supreme Court Shuts Down the Laws?

The Supreme Court could decide on the laws if the bills pass parliament. There is a chance of a constitutional standoff. If the Supreme Court struck down the laws how would the government respond?

Netanyahu had been in a vise. If he agreed to the protesters’ demands, his extremist coalition members might leave him, potentially ending his premiership. But Minister of National Security Itamar Ben-Gvir, of the radical Jewish Power party, agreed to postpone the legislation.

The demonstrations may resume at a later date after the announcement, but can return to the streets again, as long as they are ready for the reform, says a senior fellow at the Israel Democracy Institute.

“The protesters now have the infrastructure to take protests out (to the streets) within minutes,” Rahat told CNN, noting that it is not just one protest movement but tens of groups, some of whom may decide to continue to rally despite the deferment.

The delayed vote will not end the anger on the streets according to Major General Tamir Hayman, the managing director of the Institute for National Security Studies.

Hayman says if Netanyahu uses thepause to conduct proper negotiations with all parties and then presents a moderated reform bill that is approved by the opposition, then at the end state we will see a remission in the protests.

Hayman, from the INSS, said the protests may pose a security threat as some within the military begin to divide into camps for and against the judicial overhaul.

Some of the military members are serving in very critical units. Since they are mostly volunteers who love their country, Netanyahu must regain their trust to bring them back to their posts.

When the Sun Rises: Prime Minister Benjamin Netanyahu’s Controversy Induced by a Left-Right Symmetry

Frida Ghitis is a world affairs columnist. She is a weekly opinion contributor to CNN and a columnist for The Washington Post. The views expressed in this commentary are her own. View more opinion on CNN.

Embattled Prime Minister Benjamin Netanyahu, who faces a slew of charges against him – mostly centered on allegations of fraud and bribery, which he denies – managed to put together a governing coalition by bringing in extremist right-wing parties who demanded enormous power in exchange for providing the necessary votes for Netanyahu to become prime minister.

The law, he said, would allow the government “to completely destroy our freedom.” According to Harari, when the government breaks its pledge to respect the basic liberties of its citizens, citizens have a right to resist.

As the sun rose on Monday, it revealed a changed horizon. The country’s main labor union had called for a national strike. Schools were closed, flights were grounded, even one of the Netanyahu’s lead attorneys said he would no longer defend him if he pushed ahead.

The turmoil eventually prompted Netanyahu to freeze the legislation. But his new plan isn’t likely to satisfy all of his critics, as it reportedly includes a promise to create a national guard controlled by National Security Minister Itamar Ben-Gvir, the leader of the far-right Otzma Yehudit party.

The Israeli Civil War: Netanyahu Court Control after the Prime Minister’s Outburst on Sunday (the Tel Aviv Highway)

The battle is not over. After all, democracy has been on the defensive across the globe for nearly two decades, and it has been losing ground.

The prime minister said he had taken the step because he was afraid of causing a rift in the country. But as Netanyahu himself recently acknowledged, a rift already has formed.

On Sunday the spotlight was on when Netanyahu ousted Gallant. Almost immediately, a Tel Aviv highway was overwhelmed when a spontaneous protest involving thousands of people erupted in the middle of the road.

Protesters told NPR that the prime minister doesn’t understand what’s going on. “He’s not doing enough to calm the energy up. That’s frightening because it could lead to civil war.

Under pressure from protests, Netanyahu’s coalition already tabled the most controversial part of the plan, which would give the ruling government the power to override the Supreme Court.

The push for more control is seen as a way of getting the legislature to approve a controversial agenda. The government wants to pass laws that prioritize religion and nationalism, but the courts are likely to say that the laws are in violation of basic rights.

Source: https://www.npr.org/2023/03/27/1166200532/israel-civil-war-netanyahu-court-control

The Trials of a Prime Minister under the Freezing of the Immune Judiciary Powers of the High Court: Israeli Women and The Handmaid’s Tale

It would protect Netanyahu from himself as well. Last week the government passed a law blocking the ability of the judiciary to declare the prime minister unfit for office, due to a conflict of interest between his own corruption trial and his attempts to interfere in the courts.

If Israel’s courts are undermined, international courts might no longer recognize their full authority — and the fallout from that includes the potential that Israeli soldiers could become more liable to being named in war crimes cases.

Yes, and it’s possible that the Supreme Court could eventually rule on them. The prime minister is on trial for three criminal cases alleging corruption. All of them have been bundled together.

They claim that the way of life they have is in danger and that women’s rights could be limited under the new government plan. Women have marched in red robes and white bonnets like in The Handmaid’s Tale — images that were even tweeted out by the novel’s author, Margaret Atwood.

Protests have been going on for months now, but public anger grew more intense earlier this month after Netanyahu called the protesters anarchists and police used stun grenades and water cannons to break up gatherings and marches.

The immediate crisis is somewhat abated by the prime minister’s decision to call off Monday’s vote, but it’s unclear if Netanyahu can hold together his coalition. By freezing the legislation, Netanyahu risked having his hardline coalition partners quit, leave his political future in question, and be voted out of office.