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Israeli politics & society

Key background
  • The State of Israel was founded in 1948 with its foundational document being its Declaration of Independence. This declaration confirmed Israel’s nature as a Jewish and democratic state where all citizens were viewed as equals before the law, and freedom of conscience, worship, education, and culture were to be guaranteed.
  • Israel’s constitution is uncodified, but practically oriented towards a number of “Basic Laws” concerning state institutions and rights. They can only be overturned by a supermajority vote in the Knesset.
  • Similarly to the UK, Israeli government has three branches: the legislature (Knesset), judiciary, and executive (cabinet lead by the Prime Minister). The President is elected by members of the Knesset for a single seven-year term and acts as its head of state, but this role is almost entirely ceremonial.
  • Israel uses pure proportional representation to elect its MKs. As this functionally precludes any one party securing an outright majority, Israel is governed by coalitions formed by the leader of the party that generally wins the most seats.
  • The current President is Isaac Herzog, and the Prime Minister is Benjamin Netanyahu of the Likud. Other coalition partners include United Torah Judaism, Shas, the Religious Zionist Party, Otzma Yehudit, New Hope, and Noam.

Updated October 21, 2024

Efforts resume to reach compromise on judicial reform

  • The representatives of the coalition and opposition resumed their dialogue yesterday under the auspice of the President’s office.
  • President Herzog left yesterday on a diplomatic mission to meet the President of Azerbaijan, but before leaving related to the compromise talks saying, “We can reach understandings. It takes effort, goodwill, and leadership, and I say: Ignore the background noise and think about the goal…No one will violate our values or basic principles.”
  • Last night the two leading opposition party leaders, Lapid and Gantz put out a joint statement: “We are continuing all the time in a true attempt to reach broad agreements, and are committed to keeping Israel democratic and stable. We are attentive to the voices and know that most of the public want dialogue over leaving the room.”
  • “Dialogue at the President’s Residence is the only possibility to find a joint solution. Nonetheless, we clarified that the continuation of the talks are contingent on the chance to reach an advancement, on the commitment to the process in the room and outside of it, and on stopping the sword of the judicial overhaul with a clear commitment that there will be no legislation that will lead to a change in Israel’s system of government.”
  • However, also yesterday, Religious Zionist Party MK Rothman, chairman of the Knesset Constitution, Law and Justice Committee, and one of the drivers of the reforms (and not part of the compromise talks) told Kan Radio that the talks were “meaningless,” and that “if the president had wanted to lead to agreements, he had thousands of opportunities… I do not intend to waste my precious time on futile discussions.”
  • Context: The compromise talks resumed yesterday following a break that saw the government successfully pass a two-year budget that gives it relative stability.
  • There are contradictory voices from with the ruling Likud Party on whether the issue of judicial reform will return to the legislative agenda.
  • Earlier in the week Yediot Ahronot anonymously quoted several senior Likud figures who said the judicial reform is dead. They argued that given the overall circumstances, including the political and economic challenges and the social divides within society, Netanyahu has come to recognise that there is no real option of advancing the reform.
  • Prime Minister Netanyahu has denied those claims, emphasising the importance of the talks at the President’s Residence. At the weekly Likud Knesset faction meeting Prime Minister Netanyahu said, “the reform is not dead, but we are making every effort at dialogue in order to reach a broad consensus. Don’t believe what you read… Not even in Yediot Ahronot. There are a lot of things going on, many processes; I don’t want to go into all of them. The people who are ‘inside’ the issues are inside; others will be soon. I understand that this is causing a certain frustration and a situation that we are not sharing things at any given moment, but the intentions are good.”
  • There is continued speculation over gaps within the Likud, with Justice Minister Levin remaining hawkish in his reform agenda, whist Netanyahu appears invested in the compromise talks being led by his close confidant Minister Dermer.
  • Meanwhile protests against the judicial reform have continued, on Saturday night for the 21st consecutive week, tens of thousands demonstrated in Tel Aviv, where former Defence Minister Yaalon called on Lapid and Gantz to “stop acting as fig leaves for the prime minister” and “leave the negotiations.”
  • Whilst both sides currently remain committed to dialogue, the reform of the judges selection committee bill remains frozen, but can be return to the Knesset agenda to be passed into law with a day’s notice.
  • Looking ahead: The next deadline is the election of the Knesset representatives for the judges selection committee, scheduled for June 14.
  • In the current format the committee includes two members of Knesset, one from the government and one from the opposition. (The rest of the nine person committee includes two government ministers, three Supreme Court justices and two members of the Israel Bar Association. Also, one each of the Knesset members, ministers, judges and Bar Association members must be a woman).
  • There is concern whether the government will keep with this convention, or deny an opposition a place on the committee.
  • The nominees need to be presented a week earlier, by that point it will be clear if the coalition will respect the existing makeup – by only presenting one candidates.
  • Even if the Knesset selects one coalition and one opposition, it is still at Justice Minister Levin’s discretion whether to convene the committee.
  • Two justices for the Supreme Court, including President Hayut are due to retire at the end of October.

May 25, 2023

Israel passes 2023/24 budget

Overnight the Knesset passed the budget and affiliated arrangements law.

  • All sixty-four members of the governing coalition voted in favour, ensuring a comfortable majority.
  • In a stormy parliamentary session, Prime Minister Netanyahu said, “We are passing a responsible, excellent budget that will faithfully serve the citizens of Israel and lead to an improvement in their quality of life.”
  • Netanyahu continued, “The budget promotes great revolutions, in personal safety, in education, in transportation and in the fight against the cost of living.”
  • During his speech, he was heckled by opposition members, who called him a “dictator,” whilst thousands protested against the budget outside the Knesset.
  • The budget was criticised by leader of the National Unity Party Benny Gantz who said, “The cost of living is rising and the coalition has not introduced a single serious reform to deal with it. People are sitting in traffic jams, and the coalition has nothing to say about national infrastructure. People are being murdered in the streets in huge numbers and are afraid to leave their homes—and the coalition is busy talking about budgets and jobs that have no bearing on reality. Netanyahu, the responsibility is on you.”
  • Leader of the Opposition Lapid wrote on Twitter this morning, “While you were sleeping, the worst and most destructive budget in the country’s history was passed. This budget is a violation of the contract with Israel’s citizens, which all of us, and our children and our children’s children, will pay for.”

Context: Passing the budget is a crucial milestone, that now gives the government some stability. Had the budget not passed by the end of the month the government would automatically have fallen, precipitating new elections.

  • The budget for 2023 will be 484 billion shekels (£105bn) and in 2024 it will be 514 billion shekel, (£112bn) the largest in the country’s history.
  • In order to pass this budget, the ruling Likud Party held negotiations and eventually reached understandings with Jewish Power and the ultra-Orthodox United Torah Judaism (UTJ).
  • Jewish Power received an additional allocation of 250 million shekels (£54m) to the Negev, Galilee and National Resilience Ministry’s budget. This extra funding will come from budget surpluses from other ministries. Minister Ben Gvir, the leader of Jewish Power, had initially sought an additional 850 million shekels (£184m).
  • Meanwhile, the leader of UTJ, Housing Minister Goldknopf, will also receive an additional 250 million shekels (£54m) for retroactive payments for yeshiva students that had been cut by the previous government.
  • This decision will award a one-time pay out of 2,500 shekels (£543) to every yeshiva student.
  • This was not part of the formal budget and will be allocated out of budget surpluses from other ultra-Orthodox controlled ministries.
  • Overall, fourteen billion shekels (£3bn) were allocated to meet commitments made in the coalition agreements, which includes increased funding for ultra-Orthodox education; double the amount of previous years.
  • Earlier in the week 280 economists, including the former director general of the Finance Ministry, Avi Ben Bassat, and the former director of the Budgets Department, Udi Nisan, published a letter stating, “The money transfers being made in keeping with the coalition agreements… are likely to cause significant and long-term damage to the Israeli economy and to its future as a prosperous country. This is because of the unprecedented increase in allocating resources to ultra-Orthodox institutions that are unofficial, without making this conditional on supervision and on full core curriculum studies…These measures will deny children in ultra-Orthodox  schools the option of acquiring the vital basic skills for being integrated as adults into the job market in an advanced economy and…it will lower the chances of ultra-Orthodox adults to earn a dignified living and it will increase poverty.”
  • The budget coincides with growing concern over increasing cost of living, from basic food products to rent and mortgage repayments. Earlier this week the Bank of Israel raised the interest rate for the tenth time in one year, to now stand at 4.75 per cent.

Looking ahead: The implementation of the budget and monitoring of ministerial surpluses will be overseen by the Knesset Finance Committee, led by MK Moshe Gafni (UTJ).

  • With the budget now passed, attention will return to the issue of judicial reform. The government and opposition will return to negotiations facilitated by President Herzog in an effort to reach a compromise.
  • The other major agenda item that will be legislating is the ultra-Orthodox exemptions from military service, where the High Court set a deadline for the end of July.

April 13, 2023

Two British-Israeli sisters killed in terror attack

  • The victims of Friday’s shooting attack near Hamra in the West Bank have been named as sisters and British nationals Maia Esther Dee and Rina Miriam Dee, aged 20 and 15.
  • Their mother Lucy, 48, remains in critical condition at Hadassah Hospital Ein Kerem.
  • The three, residents of the Israeli settlement of Efrat, were travelling by car near Hamra when they came under fire, causing their vehicle to crash. Terrorists then opened fire on the stricken vehicle.
  • The victims’ father, Rabbi Leo Dee, a former senior rabbi at Radlett United Synagogue and assistant rabbi in Hendon, was travelling in a separate car.
  • While no group has claimed responsibility for the attack, Hamas praised it as “a natural response to the occupation’s ongoing crimes against Al-Aqsa Mosque and its barbaric aggression against Lebanon and the steadfast Gaza.”

Israel continues to face and respond to multi-dimensional, multi-front security situations:

Rockets from :

  • Overnight Saturday, wo salvos, of three rockets each, were fired at Israel from , triggering alarms in the Israeli Golan towns of Natur and Avnei Eitan.
  • Three of the rockets entered Israeli territory, one being intercepted by Iron Dome and two landing in open fields.
  • A Palestinian-Syrian militia calling itself the Al-Quds Brigade claimed responsibility for the first salvo.
  • In response, the Israeli Air Force struck sites in the Syrian areas from which the rockets emanated – said by Syrian sources to be Tel al-Jamuah, located between Tasil and Nawa – including military sites, radars and artillery positions. Earlier, IDF artillery shelled the attack area, while unmanned aerial vehicles (UAVs) targeted the rocket launchers.

Tel Aviv Attack:

  • In Tel Aviv on Friday, an Italian tourist was killed and seven others injured when a terrorist launched a car-ramming attack along several hundred metres of Kaufmann Street, near Charles Clore Park.
  • Alessandro Parini, a 35-year-old lawyer from Rome, died in the attack, while hospital officials have disclosed that British nationals are amongst the injured.
  • The perpetrator, killed at the scene, was later named as Yousef Abu Jaber, 45, an Israeli citizen and father of five from Kfar Qasim with no security record.
  • A police official said that “A terrorist with no history of security issues, and not a young man, who carries out an attack like this was almost certainly influenced by the incitement.”
  • Kfar Qasim Mayor Adel Badir said, “We denounce any attack against innocent people and call for all sides to show tolerance. This is not the way of Kfar Qasim residents. The city was and remains a place for coexistence and the pursuit of peace.”

Temple Mount:

  • Overnight, hundreds of Palestinians once more barricaded themselves inside al Aqsa Mosque, with the Jordanian Waqf refusing to remove them despite commitments not to allow overnight stays in the mosque during Ramadan.
  • While Defence Minister Yoav Gallant on Saturday took the unusual step of reinforcing the police in the Central District with troops from the IDF, Israeli forces declined to move to remove those inside on this occasion.
  • This morning, groups of around 20 Jews at a time are being permitted to enter the compound under guard.

Context: The latest fatalities as a result of Palestinian terrorism takes the death toll on the Israeli side to eighteen since the beginning of this year. Thirty-two people were killed in terror attacks in 2022.

  • Despite facing rockets attacks from , Lebanon and the Gaza Strip this week, none of these attacks have resulted in fatalities or injuries.
  • The responses by the IDF have been calibrated according to the sector, but have all been measured and restrained, with no reported loss of lives. However, the response in Syria – targeting the source of fire – has been more robust than the response in Lebanon, where concerns over further reprisal attacks and escalation from Hezbollah have inspired restraint.
  • Israel’s security establishment had anticipated that Ramadan would be the catalyst to spark attacks against Israel. Already a month ago, the explosion at the Megiddo Junction by a terrorist who managed to enter Israel from Lebanon with a heavy bomb raised alarm. The bomb which exploded prematurely was evidence of cooperation between Hezbollah and Palestinian terror groups. However at the time, Israel did not blame Hezbollah directly, again, partly to give them more scope to respond (or not) and avoid an escalation.
  • The working understanding from Israeli intelligence is that the rocket fire from Lebanon was not Hezbollah, which has denied responsibility, but Palestinian groups operating out of southern Lebanon.
  • However, cooperation and coordination between Hezbollah and Palestinian terror organisations, with the guidance of Iran has been growing.
  • Similarly, the working assessment remains that Hamas in Gaza does not want to see an escalation there, but prefers to incite and encourage terrorism in the West Bank.
  • To an extent, events around the Temple Mount influence all other theatres, due to the resonance of the site for Muslims and Jews.
  • A pattern has developed whereby young men armed with rocks and  fireworks lock themselves into al Aqsa mosque at night in order to provoke police and create disturbances. On Saturday night the police let them remain inside the mosque and did not confront them, whilst facilitating Jewish visitors to the site and allowing the traditional Passover priestly blessings to be conducted at the Western Wall below.
  • There is also concern that Iran is also trying to incite Israeli Arabs to join the attacks. The terror attack in Tel Aviv was committed by an Israeli Arab. Of significance, the leader of the Islamic Ra’am Party Mansour Abbas condemned the attack writing on twitter in Hebrew: “Especially during these difficult times, it is important for me to emphasise, as I have done many times in the past – as for the Tel Aviv terror attack, is not the way of the Arab society or Arab citizens in Israel. Arab leadership, particularly Ra’am and the Islamic Movement, will not condone any acts of violence against citizens, regardless of their religion, race, or ethnicity.”

Political context: Israel was already facing a severe domestic crisis, as a result of divisions caused by the government’s proposed judicial reforms.

  • The reforms and the make-up of hard right members in the coalition are also compounding the perception of a fissure in relations with the US. In this context the Iranians may believe this is an opportune moment to attack Israel.
  • This government is now marking its first 100 days in power. It is facing calls from within the right wing to act more robustly in responding to attacks. Yet for now a more considered approach, endorsed by the security establishment, to avoid escalation is being adopted.
  • The tenure of Defence Minister Yoav Gallant, remains in doubt. Two weeks ago he was fired after warning of “clear, immediate and palpable danger” to Israel’s security as a result of the proposed reforms. The firing appears suspended for now and he remains in his role.
  • Despite media speculation over a US-Israel rift, Gallant spoke with US Secretary of Defence Lloyd Austin and in a reassuring move the US announced that it was deploying a guided missile submarine to the Gulf and an aircraft carrier to the eastern Mediterranean.

Looking ahead: The manhunt in the West Bank for the terrorist who killed the Dee sisters is ongoing.

  • An Iranian militia has warned of more planned attacks against Israeli owned vessels in the Gulf.
  • Israel has called up Border Police reservists to augment their defensive posture particularly in Jerusalem.
  • If the attacks on Israel continue there could be a larger call up of reserves.

March 27, 2023

General Strike declared in Israel

There were huge demonstrations last night across the country following the announcement that Prime Minister Netanyahu had fired Defence Minister Yoav Gallant.

  • A general strike has since been called across Israel.
  • Arnon Bar David, Chair of National Israeli Trade Union said “Today we are facing a historic moment where workers and employers together join hands, and together close the State of Israel”.
  • As part of the strike, all departures from Ben Gurion Airport have been halted.
  • Gallant was fired after he spoke out again the government’s planned reforms. On Saturday night he warned, “The growing rift in our society, is penetrating the IDF and security agencies. This poses a clear, immediate, and tangible threat to the security of the state. I will not allow this.”
  • In Tel Aviv, thousands of people blocked the main Ayalon motorway for several hours. Eventually the police were forced to use water cannons and mounted police to disperse them.
  • In Jerusalem, protestors broke through up to the final barrier outside the prime minister’s private residence.
  • Leader of the Opposition Yair Lapid, along with Benny Gantz, issued a joint statement saying, “The country’s security cannot be a bargaining chip in the political game. Netanyahu crossed a red line this evening. We call on the Likud ministers, on the Likud MKs, do not lend a hand to destroying national security. Anyone who takes the job of defence minister will bring shame onto himself. The eyes of the people look to you in hope. It is still possible to stop.”
  • During the evening, Israeli consul-general in New York, Assaf Zamir, resigned. (He was a political appointment by the Bennett-Lapid government).
  • Former Prime Minister Bennett told Channel 12 News, “The State of Israel is in the greatest danger it has been since the Yom Kippur War. I call on the prime minister to retract his letter of dismissal to Gallant, to suspend the reform and to pause until after Independence Day. It doesn’t matter who is right and who is wrong. I call on all the demonstrators and on all Israeli citizens—do everything without violence, without bloodshed. We are brothers.”
  • There were also protests in London, with a demonstration outside the home of Israeli Ambassador Tzipi Hotovely.
  • This morning President Herzog appealed to the prime minister and the government, “the entire nation is rapt with deep worry. Our security, economy, society — all are under threat… The whole world is looking at you. For the sake of the unity of the People of Israel, for the sake of the necessary responsibility, I call on you to halt the legislative process immediately.”

Legislative Process: In parallel to the protests the Knesset committees met last night and approved the second Deri bill ahead of a vote in its second and third readings. The bill is designed to circumvent the Supreme Court’s decision not to allow Shas leader Aryeh Deri to serve as a minister, removing its right to rule on ministerial appointments.

  • This morning the Constitution, Law and Justice Committee reconvened to approve the bill to change the composition of the Judges Selection Committee for its second and third readings.

Context: Last night’s developments represent the most seismic moment in the near three-month period of intense national division following the coalition’s announcement of its package of judicial reforms. Whilst the full government response is uncertain, the events prompted the clearest signs yet of the possibility of a halt to the reform process by a previously bullish Netanyahu government.

  • The fervour of last night’s protest, mostly led by young people, was unpreceded even after twelve consecutive weeks of weekly weekend protests.
  • The removal of the defence minister from his post was widely interpreted as having crossed a red line.
  • This morning it is being anticipated that Netanyahu will announce that the legislation will be suspended, but Justice Minister Levin is trying to dissuade him from doing so and threatening to resign.
  • Already last night three Likud ministers announced that they would support the prime minister if he were to decide to suspend the legislative process: Nir Barkat, Miki Zohar and Amichai Chikli. Barkat wrote on Twitter: “The reform is necessary but not at the price of civil war.” Zohar wrote: “when the house is burning, you don’t ask who is right, you pour water on it and you save the people inside.”
  • Ultra-orthodox coalition partners Shas and United Torah Judaism both now support suspending the legislation.
  • Several Mayors, including from Likud, have also made calls to stop the legislation. Some have announced they are going on a hunger strike outside the Prime Minister’s Office.
  • Many in Israel’s security establishment are concerned that the domestic feuds will give a headwind to Israel’s enemies.

 It is anticipated that Prime Minister Netanyahu will make an announcement shortly. To continue to follow the latest news, follow BICOM’s twitter feed here.

  • There will be a large demonstration outside the Knesset at 1400 this afternoon.

March 24, 2023

Attorney General pushes back against Netanyahu intervention as protests continue

  • In his most significant public intervention on the question yet, Prime Minister Netanyahu last night took to TV to address the Israeli people on judicial reform and its divisive impact.
  • Netanyahu began by acknowledging both the scale of the division and the legitimate patriotic rights of both sides of the question: “Opponents of the reform are not traitors; supporters of the reform are not fascists.”
  • He continued: “Supporters of the reform think there is no true democracy here and what endangers democracy is an all-powerful Supreme Court that delves into everything and, in effect, runs the country. On the other hand, opponents of the reform think that what endangers democracy is the Knesset and the Government acting without brakes or restraints, which will infringe on individual rights. A proper democratic regime must deal with both of these issues. It must ensure majority rule and it must also safeguard individual rights.”
  • Despite these conciliatory elements, Netanyahu also echoed the much-repeated reformist mantra that the Supreme Court has frequently intervened well beyond its reasonable brief, and that the election of judges was unrepresentative and functioned on a self-electing and self-perpetuating “a friend brings a friend system”.
  • He therefore confirmed that the proposed change to the Judges Selection Committee would proceed as planned.
  • On Friday morning, Attorney General Gali Baharav-Miara wrote to Netanyahu informing him that she considered his intervention “illegal and tainted by a conflict of interest”, in light of a 2020 conflict of interest deal agreed with then-Attorney General Avichai Mandelblit and barring Netanyahu from involvement in judicial, law enforcement, or legislative matters which may impact his own ongoing legal cases.
  • The Knesset had earlier on Thursday passed a bill changing the process for finding a sitting prime minister incapacitated. Under the new law, only the prime minister themself, or three quarters of their cabinet, may move for incapacitation.
  • Meanwhile, at least 92 Israelis were arrested protesting the reforms during a day-long set of nationwide demonstrations dubbed the “Day of Paralysis”.

Netanyahu’s address was not scheduled. Instead, Yoav Gallant – the Defence Minister increasingly concerned over the impact of the reforms and the attendant civil division on security and the integrity of the army – was scheduled to speak.

  • Gallant was summoned to an urgent meeting with Netanyahu, after which it was the Prime Minister instead who took to the airwaves.
  • The timing of Netanyahu’s address was prompted by Gallant’s proposed intervention, and enabled, so Netanyahu felt, by the passage of the incapacitation bill, removing the risk of a conflict of interest charge being used in an attempt to remove him. “Unfortunately, until today, my hands have been tied,” said Netanyahu, before making clear that from now on he would be centrally involved.
  • Baharav-Miara’s response makes clear that in her legal opinion Netanyahu’s hands should remain tied, while Yisrael Beiteinu Party Chairman Avigdor Liberman announced that his party would petition the Supreme Court to annul the incapacitation bill.
  • Yesh Atid leader Yair Lapid responded to Netanyahu’s address by accusing the prime minister of “once again playing the victim and whining, and continuing to spread disgraceful lies against the judiciary that bear no connection to reality,”
  • Earlier on Thursday, as word of Gallant’s proposed intervention spread, coalition figures responded angrily. “Every Likud MK who is planning to stop the legislation is welcome to resign, preferably today. Right this second,” wrote Public Diplomacy Minister Galit Distel Atbaryan on Twitter, while the Jewish Power coalition faction said that Gallant had “removed himself from the right-wing camp”.
  • The legislation concerning the Judicial Selection Committee, as it stands, provides the governing coalition with a 6 out of 11 majority and the right to appoint the first two Supreme Court justice positions to fall vacant in a Knesset term by simple majority. The President of the Court will no longer by appointed by seniority, but by a simple majority committee vote.
  • Prior to the customary disruption of traffic centred on Tel Aviv, yesterday’s protests began with a demonstration outside the home of Shas leader Aryeh Deri. Police separated protesters from a group of counter-demonstrating ultra-Orthodox. Protests also centred on Bnei Brak, a largely ultra-Orthodox city.
  • Including ultra-Orthodox neighbourhoods in the protest itinerary makes explicit the connection between the reforms and another hugely divisive wedge issue in Israeli society: the relationship between the state and the ultra-Orthodox. Ultra-Orthodox lawmakers’ support for the reforms is based in part on their desire to formally legislate, for the first time, the exclusion of religious students from being drafted for military service.

 Netanyahu left for London this morning, where he will meet with UK Prime Minister Rishi Sunak and other senior British officials.

  • The Judges Selection Committee bill will soon be put to a vote in second and third readings, perhaps as early as next week.
  • The second so-called Deri bill blocking Supreme Court oversight over government appointments is set to be expedited on Sunday.
  • The impact of the Attorney General’s intervention is as yet unclear, though opponents may push for Netanyahu to be found in contempt of court should he intervene further on judicial matters.
  • Whether Gallant, and other Likud MKs concerned over the reforms’ impact on security and national cohesion, have been mollified by Netanyahu’s intervention remains to be seen.
  • In response to Netanyahu’s remarks, the leaders of the protests announced that they would step up their campaign against the reforms.

March 17, 2023

Coalition rejects Herzog’s reform proposals

Herzog presents compromise

On Wednesday evening, in an address to the nation, Israeli President Isaac Herzog unveiled his much-anticipated compromise proposal on judicial reform.

  • “In the midst of a deep and worrying crisis,” Herzog presented “an opportunity for a balanced, smart constitutional arrangement and an agreement on the relations between the branches of government.”
  • “Most Israelis want a balanced framework,” he said, “that will set out once and for all the balance between the branches of government, most Israelis want a broad agreement, and most Israelis want to live safe and good lives. It’s not a presidential framework; it’s the people’s framework… a victory for all of Israel.”
  • Warning of the potential cost of failing to reach a compromise, Herzog said: “Those who think that a real civil war, with human lives, is a border we won’t cross, have no idea… The abyss is within touching distance… A civil war is a red line. At any price, and by any means, I won’t let it happen.”

“The People’s Framework”

Herzog’s compromise proposes:

  • Judicial Selection Committee: no branch of government will enjoy a controlling or vetoing majority. Election of judges will require 7 yea votes from the 11-member committee.

The coalition proposals have sought a guaranteed coalition majority.

  • Basic Laws: passage of these quasi-constitutional laws will require four Knesset votes, three by simple majority and a fourth with the assent of 80 MKs (or 70 MKs after fresh Knesset elections).
    • The Supreme Court will not be able to strike down Basic Laws.
    • The right to equality, freedom of expression, opinion, protest, and assembly will be codified in Basic Law: Human Dignity and Liberty.
  • Judicial Review: the Supreme Court would be able to strike down regular Knesset legislation as being in contravention of a Basic Law, through a two thirds majority of an 11-judge panel.

The coalition proposals call for an 80% majority, and with all 15 judges voting.

  • The plan makes no mention of an Override Clause, allowing the Knesset to overrule Supreme Court decisions.

The coalition proposals provide for a Knesset override with a simple 61-vote majority.

  • Reasonableness: The court will retain the ability to block some ministerial and other state institution policies on these grounds, but not the appointment of ministers themselves.
  • Independence of ministerial legal advisors: the status quo will be maintained, though a special committee may authorise a minister to remove of an advisor in the event that they have “substantial and ongoing disagreements between them that prevent effective cooperation”.

The coalition proposals call for ministerial authority over legal advisors, and for their judgement to be advisory rather than binding.

  • Election of Supreme Court President: the position would continue to be assigned on the basis of seniority.

The coalition proposals seek to enable the coalition to appoint the President.

The Response

  • Herzog’s proposals received an immediate rejection from the coalition and cautious support from the opposition.
  • Prime Minister Netanyahu, who had postponed his departure for a diplomatic visit to Berlin to be able to respond to the proposal, was critical of its content.
  • “Regrettably,” he said, “the proposals presented by the president were contrary and had not been agreed to by the coalition, and central sections that he presented only perpetuate the existing situation and do not produce the necessary balance between the branches of government.”
  • Coalition sources claimed that Herzog had U-turned and presented a proposal far less in accord with the coalition’s reforms than he had indicated during negotiations.
  • The most contentious reform point has long been and remains the Judicial Selection Committee. While Netanyahu and his confidant Ron Dermer – a late addition to the negotiating party – are said to be minded to compromise, Justice Minister Levin and other hard-line figures from among the Likud, the ultra-Orthodox parties, and the far-right Religious Zionism and Jewish Power factions are determined to ensure a controlling coalition vote on the committee.
  • The Israeli media quote sources suggesting that Levin threatened to resign and destabilise the coalition further if the plan were accepted.
  • With a Kan News poll commissioned following Herzog’s speech finding the coalition dropping 12 seats (to 52) were elections to be held today, Likud MK David Bitan publicly urged Levin to moderate his stance and accept compromise on key issues.
  • From the opposition, former prime minister and opposition figure Yair Lapid said: “I congratulate the president on the ‘People’s Framework’…We need to approach the president’s proposal with respect for the office, the seriousness with which it was written and the values that stand at its basis.”

Protests continue

  • Large-scale popular protests against the coalition and its reforms continued yesterday.
  • Demonstrators gathered at Ben Gurion airport as Netanyahu left for Germany, including a group made up of veterans of the Entebbe Raid.
  • Tel Aviv’s Rockah-Namir intersection was blocked by demonstrators, as were the southbound lanes on the coastal highway near the Yanai interchange, Route 4 at the Ben Yehuda interchange, the Hakfar Hayarok interchange, and Maccabit junction. 

What comes next?

  • The next weeks will indicate if the pressure of the popular and political opposition to its version of the reforms persuades a critical mass within the coalition to move towards a compromise on the basis of Herzog’s proposal.
  • The thorniest element, though, remains the Judges Selection Committee.
  • Channel 12 has reported that senior coalition figures are considering an option to propose a counter-compromise on the committee – agreeing to no coalition controlling majority but with the proviso that the coalition chooses the next three justices to be appointed to the Supreme Court.
  • The report was met with a swift denial from Levin’s office, and his determination on the Selection Committee issue would seem to rule out his acceptance of such a proposal.
  • Levin is insistent on maintaining the pace of the passage of the coalition’s version of the reforms. He plans next to move the bill changing the composition of the committee, with four meetings of the Constitution, Law and Justice Committee scheduled for next week before a vote in second and third readings before the end of the month.

March 13, 2023

AG overrules Minister Ben Gvir

 Israel’s Attorney General (AG) Gali Baharav-Miara overruled a decision by National Security Minister Ben Gvir to remove Ami Eshed, the Police Commander of the Tel Aviv District from his post.

  • Ben-Gvir had pushed for Eshed’s removal, arguing he has been too lenient overseeing the anti-government protests.
  • On Friday Baharav-Miara called for an investigation into his sacking, whilst reinstating Eshed in his role.
  • This morning Ben Gvir and the AG clashed again after Ben Gvir asked to represent himself in the court hearing over the Tel Aviv commander’s sacking.
  • In a dramatic address on Saturday night head of the Police Yaakov Shabtai admitted that he made a mistake going along with Ben Gvir and gave his backing to the AG.
  • Shabtai noted Eshed “is a professional, organised and experienced officer.” He explained, “the appointment in question was intended to be implemented after Ramadan. I was wrong, I was wrong in my judgement, I was wrong in the timing and the way I did it, and I’m not taking it lightly. I accept and respect the attorney general’s decision regarding the appointment’s suspension.”
  • Relating to the protests, Shabtai added, “For ten weeks, Israel Police’s commanders and police officers have been standing, bodily protecting the freedom of democracy in the State of Israel. Along with the freedom of protest, we have maintained public order across the country…. There is a ministerial policy and we’re implementing it while exercising operational discretion on the ground. The police have one commissioner, and the instructions to the troops are clear for the entire period—in terms of conduct and in the use of various measures. The instructions to the commanders and the officers are clear: We don’t want to see blood on the streets. I don’t want to see pictures of a civilian bleeding from a stun grenade and a 70-year-old woman in handcuffs. Force and measures can be used as required by law, and in keeping with the levels established as commissioner. I am committed to the State of Israel, its laws, and its values. I am committed to the Israel Police.”
  • Minister Ben Gvir attacked the AG and said that she was operating the police commissioner and was acting as if she were prime minister.
  • The AG was also criticised by Prime Minister Netanyahu who commented yesterday during the weekly cabinet meeting, “In every properly-run democracy that wishes to live, the government that is elected by the people is responsible for the army, the police and the other security organisations.  That is how it must be. Nobody else will decide who commands them, who will lead them and how they will lead them.”
  • Coalition Chairman MK Ofir Katz said, “I don’t remember that there was a ballot slip for a party headed by Gali Baharav-Miara. We have publicly elected officials. She thinks she decides everything and we won’t let her. She is only against us. She is the opposition’s attorney general.”

In parallel, the protests against the government’s proposed legal reforms and the reforms themselves have continued.

  • For a tenth consecutive week, an estimated 250,000 people protested across Israel on Saturday night.
  • At the largest rally in Tel Aviv around 160,000 people gathered. When Eshed was spotted by protestors he was greeted with applause and cheers of encouragement.
  • Among the speakers in Tel Aviv was former police commissioner Moshe Karadi. He told the crowd, “I’ve come here in the name of dozens of retired commanders and inspectors-general. We are but a pace away from the destruction of the Israel Police and of Israel as a democratic country. We’re seeing a worrisome trend in which a convicted criminal is trying to mount a political takeover in order to achieve his political aspirations. This is a person who couldn’t do the job to begin with.”
  • He added specific criticism of Ben Gvir, saying: “For decades we refrained from taking actions during the month of Ramadan, and a pyromaniac has come along and has said to the police to demolish illegal construction in East Jerusalem ahead of Ramadan, now of all time… I am appealing to the prime minister, remove Ben Gvir from office. Let the police commissioner run the police along with the commander of the Tel Aviv District Police.”
  • Hundreds also attended a protest held in London’s Parliament Square yesterday.
  • This is not the first time that the AG has clashed with the current government. For example, she argued vociferously against the law to allow Aryeh Deri to serve as a minister, which was later overruled by the high Court. The coalition still hopes to circumvent the court’s decision.
  • She is also against the proposed incapacitation bill that would limit her jurisdiction to incapacitate a prime minister.
  • For the government these interventions provide further motivation to pass their reforms and have added renewed calls for the prime minister to fire and replace the AG.
  • Also in parallel yesterday, Legal Committee Chairman Simcha Rothman met with President Herzog for more than three hours to discuss a possible compromise.

The AG also intervened on another controversial bill that seeks to grant immunity to the security forces from investigation and prosecution. She argued that that bill, if passed into law, could be very damaging, leaving them vulnerable to international prosecution. The bill sponsored by an MK from Ben- Gvir’s party, has now been postponed by a month.

  • Nevertheless one of the most controversial aspects of the reform – the override clause bill – is expected to be brought to the Knesset and voted on this week in a first reading.
  • Today the Constitution, Law and Justice Committee will hear details about the compromise plan being developed by leading legal experts, under the auspice of President Herzo

March 8, 2023

Compromise proposals on judicial reform

 Details have emerged of proposed compromises to the government’s judicial reform agenda, initiated by President Isaac Herzog.

  • As revealed by several Israeli media outlets, the compromise proposes the following:
    • Protection of the Supreme Court’s ability to strike down regular laws as contravening Basic Laws (laws having quasi-constitutional status), but not Basic Laws themselves.
    • A more robust process for the enactment of new Basic Laws, requiring four Knesset votes, with a majority voting in favour each time.
    • The Knesset will be able to re-legislate laws struck down by the court with a majority of 65 voting in favour.
    • Two options are proposed for the vital question of the judges selection committee: one providing the governing coalition with a majority on the committee but increasing the level of majority required for an appointment, thus requiring non-coalition committee members to assent; one providing equality of representation from the coalition and the opposition, and with limited veto powers for the Justice Minister and Supreme Court President.
    • No override clause, or one with a threshold higher than a simple majority of 61.
    • Limiting the Supreme Court’s ability to employ “reasonableness” as grounds to revoke administrative government decisions such as the appointment of ministers.
    • Retention of the current autonomy, authority, and independence of government legal advisors, with a limited government ability to overrule.
  • The plans also codify basic rights that have not been enshrined in law to date and include proposals which also seek to address issues not covered by the government’s reforms, including the drafting of Yeshiva students and a multi-year plan to reduce the workload on the courts which sees cases drag on or be delayed.
  • Herzog has been attempting mediation and compromise for several weeks, in an effort to heal the deep divisions in Israeli society created by the government’s far-reaching reform plans.
  • On release of the details of the plan, Herzog’s office immediately stressed that their release was “not with the consent of the president. It must be stressed, this is not the president’s plan. This is one proposal out of many that were raised by researchers and academics from different institutions. The president has yet to formulate a final plan, and after this is done, the president will present it to Israel’s citizens.”
  • In a Monday meeting with 100 local council leaders, however, he said “we’re closer than ever to an agreed compromise. Behind the scenes there are agreements on most issues. Now it’s up to our national leaders, in the coalition and opposition, who need to meet the moment.”
  • The architects of the proposed compromises are said to be Prof. Daniel Friedmann, a former justice minister with a record of attempted reforms of the justice system, Prof. Yuval Elbashan, Maj. Gen. (res.) Giora Eiland, and hi-tech entrepreneur and protestor Giora Yaron.
  • Responses from the coalition have largely been critical. Religious Zionism MK and chair of the Knesset’s Constitution, Law, and Justice Committee Simcha Rothman – the leader, along with Justice Minister Yariv Levin, of the reform agenda – said: “As is clear to any reader, this ‘plan’ voids the reform of its fundamental content… We will continue to advance the legislation as planned and continue attempts to reach broad consensus, just as we have in the last few months.”
  • Indeed, Rothman has moved to accelerate the pace of the reforms, summoning members of the committee to four meetings, on Sunday, Monday, Tuesday and Wednesday.
  • Levin is said to be particularly unwilling to compromise on the question of the government majority on the judges selection committee, while also continuing to favour the implementation of the override.
  • Reports have suggested, however, that Likud cabinet ministers have been imploring Prime Minister Netanyahu to bring pressure to bear on Levin and Rothman to accept compromise. They argue that the Likud is paying too high a price for inflexibility.
  • Likud MK Moshe Saada told Army Radio that he hoped a compromise would be reached within a month. “Finally, there is a serious position paper that we can discuss,” he said. “If they would stop the circus for a single moment and hold a serious dialogue, we could resolve this. My assessment is that a compromise is possible.”
  • Opposition sources are said to have welcomed the compromise proposals, though with the proviso that negotiation without a pause to the legislative process is a “fraud”, in the words of Yesh Atid head Yair Lapid.
  • Organisers for tomorrow’s protests against reforms rejected the proposals as making too many concessions to the government’s plans.

Herzog has said that the final version of his compromise proposal will be forthcoming.

  • In the meantime, the sections of the reforms as they currently stand that address the changes to the selection committee and barring the Supreme Court from striking down Basic Laws will be advanced in a series of “marathon meetings” of the Constitution, Law and Justice Committee to prepare them for second and third readings.
  • Simultaneously, the sections that address judicial review over legislation and the override clause will reach their first reading in the Knesset plenum.
  • Further protests against the reforms are planned for Thursday.
  • For in-depth analysis of the proposed reforms and their implications, see recent Fathom articles by Professors Amichai Cohen and Suzie Navot, and Russell Shalev.

March 6, 2023

Expanded detail on judicial reform compromise

As revealed by several Israeli media outlets, the compromise proposals emanating from the process initiated by President Herzog include the following:

  • By means of a three quarters majority, and with all judges present to hear the case, the Supreme Court will have the ability to strike down regular laws as contravening Basic Laws (laws having quasi-constitutional status), but not Basic Laws themselves.
  • Enactment of new Basic Laws will require four Knesset votes, with a majority voting in favour each time. The first three votes will require only a simple majority of 61, while the fourth vote will require a majority of 80 (or 70 MKs in the next Knesset to be elected).
  • The Knesset will be able to re-legislate laws struck down by the court with a majority of 65 voting in favour. (A simple majority of 61 will be able to re-legislate a struck down law, but it would only come into effect six months after the election of the next Knesset.)
  • Two options are proposed for the vital question of the judges selection committee:
    • One providing the governing coalition with a majority on the committee, but with the election of a Supreme Court judge requiring a majority of 8 of 11 members voting in favour (i.e. two non-coalition committee members agreeing).
    • One providing balance between the coalition and the opposition on the committee (4 members each) and with 4 judges present at debates but not able to vote. The coalition and opposition would take it in turn to propose a candidate for appointment to the Supreme Court. The President of the Supreme Court would have one veto of a coalition appointment and one of an opposition one; the Justice Minister would have one veto of an opposition appointment.
  • On an override clause allowing the Knesset to override decisions of the court, the leaked proposals are not clear on a recommendation. The government’s plan for a simple majority of 61 is not included, but options to exclude the override altogether, or else institute one requiring a higher majority are floated.
  • On the question of the Supreme Court employing “reasonableness” as grounds to revoke administrative government decisions such as the appointment of ministers, the plans state that “the court will not review cabinet discretion on the basis of grounds of reasonability in decisions on policy or political appointments.” The court will only intervene “if the decision is patently absurd or extremely deviates from the sphere of discretion that every reasonable minister or bureaucrat would use.”
  • On the government’s plans to end the autonomy, authority, and independence of government legal advisors, the status quo would prevail. The government would have the ability “in exceptional cases to adopt a position that contradicts” the advisor’s opinion.
  • The plans also codify basic rights that have not been enshrined in law to date, including the principle of equality (“every citizen is equal before the law; no person’s individual rights are to be violated on the basis of religion, race, gender, sexual preference, physical, emotional or mental disability”), as well as freedom of speech, freedom of religion and freedom from religion.
  • Proposals also seek to address issues not covered by the government’s reforms, including a “legislative solution… to the issue of drafting yeshiva students” and a multi-year plan to reduce the workload on the courts which sees cases drag on or be delayed.

March 6, 2023

Edelstein calls for pause on judicial reform as protests continue

  • Some senior Likud MKs have called for compromise on the judicial reforms currently being legislated in the Knesset, although this has been rejected by Justice Minister Yariv Levin.
  • Yuli Edelstein told Channel 12 news “We have the opportunity to halt the legislative process for a limited period. When you want to come and be adults and not like little kids in a kindergarten, then it’s definitely possible to get to a [joint] draft.” On Sunday, Edelstein said that he had spoken to several fellow MKs who were on the same page.
  • Unnamed Likud ministers told Channel 12 news on Friday. “The whole process was done in the wrong way – under pressure and without explaining it to the public, who don’t understand what is going on. It is a very difficult situation. Therefore we need to stop and come to a compromise.”
  • Yet stopping the legislation has been rejected by Justice Minister Yariv Levin. “Halting the reform would mean watering it down and burying it” he reportedly told Likud MKs and “that would lead to the collapse of the government – not immediately but gradually.”

Edelstein is a former Knesset Speaker and challenger to Netanyahu for the leadership of the Likud.

  • Popular demonstrations against the proposed reforms continue and reservists in key units have said they will not report for training and duty if the legislation continues.
  • An estimated quarter-million Israelis in 95 venues across Israel protested on Saturday night for the ninth consecutive week. The largest demonstration in Tel Aviv drew an estimated 160,000 people.
  • Prime Minister Netanyahu described the leaders of the protests movement as an “extreme and dangerous group” that wants to “burn down the club” and “bring chaos.” He accused the protesters of “attacking policemen, blocking roads, [and] breaking through police barriers.”
  • Thirty seven F-15 pilots out of the forty stationed in the IAF’s Squadron 69, one of the air forces’ most elite units, announced that they would not attend training this Wednesday. The squadron operates aircraft that have targeted Iranian positions in and further afield.
  • One Lt.-Col. said “The pilots of Squadron 69 will continue to serve the Jewish and democratic Israel, beyond the borders of the enemy at all times.” However, “like during other significant events which impact the pilots and require dialogue, we decided to stop for one day of scheduled training to talk about the worrying processes which the state is experiencing.”
  • Another reservist pilot said “Somebody is trying to change the fundamental contract on the basis of which we enlisted and were prepared to risk our lives. We aren’t refusing to obey orders. We are signalling that we won’t be prepared to serve a dictatorial regime. Our heart is torn from the very thought that we won’t defend the country any longer… Our act is authentic and is designed to say, ‘No further. Stop. Otherwise, everything is going to fall apart in our hands.’”
  • On Friday, approximately 150 Israeli army reservists serving in cyber units announced they would stop reporting for duty if the judicial overhaul is advanced. In a letter to the Chief of Staff, Mossad chief and head of the Shin Bet, they wrote that “the moral and legal framework that enables us to develop and run the sensitive capabilities we operate will be harmed” and that “in such a scenario we will not be able to continue volunteering for service in the field of cyber operation.”
  • The Chief of Staff has reportedly met with Prime Minister Netanyahu to warn of the potential consequences to the IDF. Defence Minister Yoav Gallant yesterday said that that “every call for refusal harms the IDF’s functioning and its ability to carry out its missions” and called for the government to enter into talks about compromise. The IAF is built on pilots who are conscripts and career officers and reservist pilots. The reservist pilots usually devote atleast one day a week to operational sorties and training.
  • Leader of the Opposition Yair Lapid and head of the National Unity Party Benny Gantz have both distanced themselves from reservists’ refusal to serve.  “I am against refusal,” said Lapid. “I don’t think it’s the way. I understand the pain, the sorrow, the dread, and the fury. I think it’s a mistake. We have one army, and it’s forbidden that there is refusal.”

The Knesset will hold a shortened session today before breaking for the Purim holiday until Thursday.

  • The government and opposition remain at odds regarding the conditions under which dialogue might take place.
  • Levin, Finance Minister Bezalel Smotrich and MK Simcha Rothman released a statement saying they were prepared to meet for compromise talks Tuesday night under the auspices of President Herzog. “We believe that the reform is necessary for democracy, human rights and the economy. We are answering the call for talks without preconditions, and call on responsible parties in the opposition to answer the call as well.”
  • Levin and Rothman have aimed to pass the critical legislation by the end of the Knesset’s winter session which is at the end of March. In light of the time constraints, the coalition is reportedly considering combining the sections of the judicial revolution into a single bill.
  • Lapid responded that “there will be talks only once they announce a halt to the legislation.”

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