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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

Largest yet planned protest against judicial reforms

The latest, and so far largest, protest against the new government’s planned reforms to Israel’s judicial system took place in Tel Aviv on Saturday night.

  • Police estimate that 80,000 Israelis gathered in Habima Square in a demonstration organised by the Movement for Quality Government, while smaller protests were also held in Jerusalem and Haifa.
  • After an hour-long delay due to the heavy rain, the tens of thousands of protesters (organisers put the figure at closer to 100,000) proceeded in the direction of the Azrieli Mall and Hashalom Interchange.
  • Although police were forced to prevent around 150 protesters from advancing in the direction of the Ayalon Highway, the event took place peacefully.
  • While opposition leader Yair Lapid and other members of his Yesh Atid party agreed to stay away to avoid charges of politicisation, several opposition figures as well as retired senior legal figures were in attendance, including National Unity Party head Benny Gantz, MKs Mickey Levy and Chili Tropper, Tel Aviv Mayor Ron Huldai, Former Supreme Court Justice Ayala Procaccia, former Prime Minister Ehud Barak, and former Justice Minister Tzipi Livni.
  • Addressing the crowd, Procaccia said “We’re in a period in which the foundations of the building are being destroyed. A country in which judges and publicly-elected officials head out to protest against a change in the system of government is a country in which all boundaries have been crossed”.
  • In her remarks, Livni asserted that: “A government in Israel has gone to war against the democratic institutions themselves in order to gain unbridled rule… We are in historic times that will determine whether Israel remains an advanced democracy or becomes a backward and closed totalitarian state.”
  • In comments on the protest, Netanyahu stated they did not alter the government’s clear mandate for judicial reform. “Several months ago”, he told Sunday’s cabinet meeting, “there was a huge demonstration, the mother of all demonstrations. Millions of people went into the streets in order to vote in the elections. One of the main topics that they voted on was reforming the judicial system.”
  • Meanwhile, President Isaac Herzog, himself the target of criticism at the protest, continued his “nonstop” attempts to mediate a solution on judicial reform. His interventions have moved beyond calls for respect and unity and now include dealing with the specifics of the reforms themselves.
  • Herzog said Sunday that “We are in the grips of a profound disagreement that is tearing our nation apart. This conflict worries me deeply, as it worries many across Israel and the Diaspora… I am now focused on … two critical roles that I believe I bear as president at this hour: averting a historic constitutional crisis and stopping the continued rift within our nation.”

Judicial reform was a central component of the electoral platform of all factions in Netanyahu’s coalition and is a key legislative priority for the new government.

  • Justice Minister Yariv Levin detailed his reform proposals on January 4th, which included:
    • An override law that would allow the Knesset to reinstate legislation annulled by the Supreme Court, by a simple majority of 61 votes.
    • To reform the committee that selects judges, giving politicians more control.
    • Abolishing ‘reasonability’ as grounds for the court to cancel government decisions.
    • Altering the role of ministerial legal advisors, allowing ministers to appoint their own advisers (like in the UK).
  • In an impassioned speech in Haifa last Thursday, Supreme Court president Esther Hayut condemned the proposals as amounting to a government “blank cheque”, and as “a plan to crush the justice system.”
  • Regarding Herzog’s mediations, his own comments, together with statements from coalition sources, suggest that while there may be some appetite for compromise, the government and its critics remain some way apart.
  • Levin and the government seem adamant that no compromise will be made on their changes to the election of judges, though the potential for a reduction of the proposed 7 political figures on the selection committee of 11 to 6 has been floated.
  • Reports in the Israeli media suggest there may be room for compromise in some areas:
    • On the court potentially keeping a narrower remit of “reasonableness” as grounds for intervention.
    • On the majority of judges required to be in agreement for the annulment of a Knesset decision.
    • On a possible increase of the proposed override majority from the 61 currently proposed by Levin.

Keen not to allow the process to drag on past the end of the Knesset’s Winter session, Levin is seeking a speedy progression of reforms.

  • Today the Knesset’s Constitution, Law and Justice Committee will begin “marathon” meetings in order to flesh out the details of Levin’s proposals. Its first order of business will be the question of legal advisors.
  • Meanwhile, the Supreme Court’s judgement is expected in the next few days on Shas leader Aryeh Deri’s appointment as a minister.
  • An amendment passed to Basic Law: Government allowed for Deri’s criminal conviction to be overcome and his appointment ratified. Should the court choose to exercise its existing right to annul the amendment on the grounds of reasonability, tensions between the executive and the judiciary are likely to reach even greater heights.
  • Potential compromises on Levin’s proposals could be affected, with a Likud source quoted as saying that such a decision would “speed up the steps against the justice system and the legislation of the reforms… Deri’s disqualification will be our ‘case’ against the Supreme Court, since this decision will conflict with the democratic process and the election results. It will become a lot easier for us to support legislation to rein in the justice system.”
  • Senior figures within the Justice Ministry are also set to respond to Levin’s proposals soon and are likely to flag up various legal and technical objections to implementing the reforms.
  • Protests are set to continue, with another large demonstration set for next Saturday. Roee Neuman, a spokesperson for the Black Flags Movement, predicted both a larger next protest and possible increased involvement from Israel’s commercial sector, while former deputy IDF chief of staff and a former deputy minister for Meretz Yair Golan recently called for more consequential acts of civil disobedience.
  • Lapid, meanwhile, is said to have met on Sunday with Arnon Bar-David, head of the Histadrut, in an effort to gain the support of the powerful labour union for the opposition to the new government.

January 11, 2023

Jewish Power party attacks Lapid and Gantz

A new Knesset member from the Jewish Power faction, Zvika Fogel, spoke out harshly yesterday against leaders of the opposition Yair Lapid and Benny Gantz, as well as former MKs Yair Golan and Moshe Yaalon.

  • In an interview to Kan News Fogel said: “The four of them need to be arrested now. They’re the most dangerous people out there right now…..because they’re calling for war. If they were calling for demonstrations I’d give them every right to demonstrate. But they’re talking in terms of me as an enemy…From my perspective that’s treason against the homeland, if I wasn’t sufficiently clear. Yes, those are grounds for arrest.”
  • His party colleague, Deputy Minister Almog Cohen later added, “If Lapid and Gantz don’t stop with their invective, incitement and their desire to shed blood in the streets of Israel—they’ll be arrested and handcuffed.”
  • In response to rising tensions, President Herzog wrote on twitter yesterday: “The values of the Declaration of Independence act as the moral compass of our country – I will not let them be harmed. This is a sensitive time among the Israeli public. I hear the concerns being voiced from all directions, the cries, the worries and the fears.”
  • He continued: “In recent days, I have been acting and holding discussions with many officials and doing everything in my ability to bring about a respectful dialogue, in hopes of reaching the broadest possible understandings.  I turn to you, the elected officials and citizens of Israel from all ranges of the public and political spectrum – practice restraint and responsibility. We need to calm the spirits and put out the flames.”
  • Yesterday in Beer Sheva a man drove his car onto the pavement, shouting and threatening university students protesting against the government’s planned judicial reform. No one was injured and the driver was arrested by the police.
  • Leader of the Opposition Lapid commented saying : “Netanyahu, in a democratic country you don’t run down citizens and the justice system.  You’ve become a weak prime minister who trembles in fear of his extremist partners. They’re scornful of you and are leading the State of Israel to collapse.”
  • Later Prime Minister Netanyahu spoke to the president, telling him: “In a democratic country, one does not arrest the leaders of the opposition just as one does not call government ministers Nazis and a Jewish government the Third Reich. Neither does one call on citizens to launch a civil rebellion.”

Context: Less than two weeks after the new government was sworn in, there is already heighted concern among opposition groups over the anticipated legal reforms.

  • The core arguments revolve around the right of a democratically elected government to rule without constraint or whether minority rights should be protected by intervention from the judiciary. For more details on proposed reforms.
  • At the end of last week President Herzog held a long meeting with Justice Minister Levin in an effort to soften their planned reforms.
  • Regarding Fogel’s comments, his party leader and National Security Minister Itamar Ben-Gvir said he does not support a call to arrest opposition leaders. He explained, “Fogel heard them inciting against the government and calling for civil dissent, calling us Nazis. That is why he reacted as he did.”
  • There has also been a public dialogue about how the police should handle demonstrations. Ben Gvir has called for equal treatment of left and right wing protests, but said he supports “maximum free expression.”
  • His concern over inequality is seen for example with the use of water cannons deployed by the police in Jerusalem against settlers or Ultra-orthodox, whilst left wing demonstrators in Tel Aviv are treated with “kid gloves”.
  • Police have explained that the nature of disturbances are of a different magnitude.  A senior police officer told Channel 12 News that the difference is the crowd. He explained that in Tel Aviv, “When we talk to them, we agree that the demonstrators can protest. If a road is blocked, it will be for a set time.” In Jerusalem the demonstrators tell the police, “We won’t do what you ask. We’ll demonstrate as much as we want, whenever we want, and have no intention of listening to any of your instructions.”  That is when we immediately use force, said the senior officer.

The Knesset will soon begin to debate the proposed legal reforms.

  • Further demonstrations are expected this Saturday night. The police are intent on continuing to exercise restraint.
  • There is a consensus that police show no tolerance for attacks on police officers and will not allow incitement, particularly the use of Nazi symbols (last week, a tiny minority held banners making comparisons between Nazism and the new government).  However the police also said that there is no law prohibiting the waving of Palestinian flags, (also seen at last week demo in Tel Aviv) as long as there is no incitement.

January 9, 2023

Security Cabinet discusses international lawfare

Israel’s new Security Cabinet convened for its first meeting and issued a range of responses to the Palestinian Authority’s (PA) decision to target Israel in international forums.

  • Following a Palestinian initiative, the UN General Assembly passed a resolution for the International Court of Justice (ICJ) to open an investigation into Israel’s “prolonged occupation, settlement and annexation of Palestinian territory.”
  • In response, the Security Cabinet decided:
    • To use around NIS 139 million (£23.6m) of PA tax funds to compensates the families of victims murdered in Palestinian terrorist attacks, offsetting the payments made by the PA to terrorists and their families last year.
    • To prevent illegal Palestinian construction plans in Area C (where, according to the Oslo agreements, Israel retains full civil and security control).
    • To revoke Palestinian officials’ VIP access if they are leading the political and legal campaigns against Israel.
  • Finance Minister Bezalel Smotrich commented yesterday saying, “Nothing could be more just than deducting funds from the PA, which acted in support of terrorism, and to turn them over to victims of terrorism. The government of Israel is changing its policies, and on this day we are beginning to make a correction. There isn’t any consolation here for the families of the murdered, but there is justice.”
  • Yesterday Israel suspended Palestinian foreign minister’s Riyad al-Maliki’s VIP pass. He was briefly detained when entering via Jordan and his VIP travel card confiscated.
  • Last week Karim Younis, the longest-serving security prisoner in Israel, was released from prison. An Israeli-Arab affiliated with Fatah, he was convicted in 1983 for the murder of IDF soldier Avraham Bromberg.
  • Since his release there have been days of celebration in his village of Arara in northern Israel, where he has been visited by prominent religious and Arab political figures. Three PA officials who visited him also had their VIP travel documents revoked.
  • In addition, National Security Minister Itamar Ben-Gvir has also instructed police to remove Palestinian flags from public spaces, seen prominently amid the celebrations in Arara.

The new government is emphasising zero tolerance for support for terrorism and lawfare initiatives that seek to delegitimise Israel in international forums.

  • Israeli law does not outlaw Palestinian flags, but police and soldiers have the right to remove them in cases where they deem there is a threat to public order. Under Ben-Gvir’s leadership, the definition of “a threat to public order” could be more broadly interpreted.
  • In addition, the family of the murdered Bromberg are appealing to Interior Minister Aryeh Deri to rescind Karim’s Israeli citizenship.
  • Palestinian officials are concerned that the withholding of the tax income will have an adverse effect on the Palestinian economy, which is already struggling to meet its commitments in paying public service employees.
  • As of now the Palestinian security forces are maintaining security coordination with the IDF, as both sides share concern over Hamas, Islamic Jihad and Iranian efforts to activate terror cells in the West Bank. However, some Israeli officials are concerned that the PA will be less motivated to make arrests and take action against terrorists. 

Israel has not yet decided what its approach will be to the ICJ, or if further steps will be taken against the PA.

  • Similarly, the PA is also assessing its next move and whether to ramp up further pressure on Israel by looking to join other international forums.
  • Israel will face similar challenges Younis’s cousin, Maher Younis, and his co-conspirator released from prison next week as scheduled.

January 8, 2023

Deri’s appointment discussed in court

Yesterday an 11-justice High Court of Justice panel began a hearing to discuss the legality of Shas leader Aryeh Deri’s appointment as a government minister.

  • Deri is today serving as acting prime minister while Netanyahu underwent a medical procedure and was briefly incapacitated.
  • The hearing was prompted by three petitions to the court:
    • The first argued that the Deri Law is a personalised law, abusing the Knesset’s authority to legislate Basic Laws.
    • The second that Deri’s appointment as minister is ‘unreasonable’ because of his recent conviction and criminal record.
    • The third petition stated that Deri’s appointment contradicts terms of his plea bargain, whereby he would retire from public life in order to avoid the categorisation of moral turpitude.

One of the laws passed prior to the governments swearing in, made the distinction between a suspended and custodial sentence allowing Deri to serve as interior and health minister.

  • Last year In a plea bargain last year, Deri confessed to tax offenses and was given a suspended sentenced on condition that he resign from the Knesset, which he did.
  • In the leadup to the hearing Attorney General Gali Baharav-Miara clarified that she had no objection with the Knesset’s authority to change the basic law, but nevertheless thought it “extremely unreasonable” for Deri to serve as a minister. As such she would not defend the government in court but allowed Deri and Prime Minister Netanyahu to appoint their own legal counsel.
  • Not only was Deri found guilty of tax offenses last year, twenty years ago he served a prison sentence for bribery.  After being released, he spent the requisite seven years away from public office.

Justice Stein, took issue saying, “You can’t say ‘I resign’ for the benefit of a convenient plea bargain and after a very short time say ‘I want to become minister.’”

  • Deri’s lawyer said this was “a rare case of misunderstanding.”
  • His lawyer argued that his appointment expressed the will of over 2 million Israeli citizens, including 400,000 Shas voters.
  • President of the Supreme Court Esther Hayut retorted that they have the right to choose representatives to the Knesset, but not ministers.
  • Netanyahu has argued that he values Deri’s “great wisdom and experience” and his appointment was vital for foundation of this government.

On Wednesday evening (the night before Deri’s hearing) the new Minister of Justice Yariv Levin (Likud) held a press conference.

  • He outlined four significant changes he is looking to bring in.
    • An override law that would allow the Knesset to reinstate legislation annulled by the Supreme Court, by a simple majority of 61 votes.
    • To reform the committee that selects judges, giving politician more control. Levin explained, “There will no longer be a situation in which judges elect themselves in closed rooms… Instead, there will be equal representation for all three branches of government on the Judges Selection Committee. The justice minister will appoint two public representatives to the committee instead of the sectarian representatives of the Israel Bar Association, and full transparency by means of public hearings in the Knesset Constitution, Law and Justice Committee for Supreme Court candidates.”
    • Abolishing ‘reasonability’ as grounds for the court to cancel government decisions. Levin said, “There is no such thing as a grounds of reasonability. No more will the government be subordinate to an unelected echelon.”
    • Altering the role of ministerial legal advisors, allowing ministers to appoint their own advisers (like in the UK).
  • Levin argued, “Confidence in the justice system has fallen to a dangerous nadir. We went to the polls, but time and time again people who we never elected made choices for us. That is not democracy. The governance reform will strengthen democracy and will restore the balance between the three branches of government. We will discuss at length and in great depth, and the opinions of all MKs from every faction will be heard, as will those held by members of the justice system.”

Leader of the Opposition Yair Lapid said, “Like a gang of criminals, a day before the High Court of Justice hearing on the Deri law, the government placed a loaded pistol on the table. What Yariv Levin presented today isn’t judicial reform; it’s a threatening letter. They are threatening to destroy the State of Israel’s entire constitutional structure. I am announcing here and now: on the day we return to power all of these changes will be abolished. The reckless reform will be abolished; the extortionist override clause will be abolished; judges won’t be elected by corrupt politicians who want to have the cases against them closed.”

  • The former Justice Minister Gideon Saar said, “Minister Levin cited Menachem Begin, the legendary and first leader of the Likud, this evening at the beginning of his remarks. But his statements were nothing short of killing Begin’s democratic and regime doctrine. Without doubt, Menachem Begin would have rejected every one of the sections of this plan to change the regime in Israel. His real disciples bear the duty of fighting against that, and that is what I will do.”
  • Saar’s party leader Benny Gantz suggested establishing a bipartisan committee to debate and reach a consensus on reforming the judiciary.  For example regarding the override law, a more restrained version would require a larger Knesset majority in order to overrule Supreme Court decisions.

The timing of Levin’s announcement angered Deri, who believes that under the threat of intimidation the judges could actually toughen their stance against him.

  • Israel is a uniquely fragile democracy, it does not have a constitution, a second chamber or a presidential veto.
  • The separation of powers is a founding principle but there is only a limited distinction between the legislative and executive branches.
  • In the last 30 years there has been numerous examples of an activist Supreme Court challenging government decisions.  The court uses the precedent of the Basic Laws to overrule government decisions.
  • Levin and his supporters have long argued that overruling government decisions works against the values of democracy, when the Knesset is the only elected body.
  • Others have argued that these Basic Laws protect Israel from international criticism as they recognise the standing of an independent Supreme Court.
  • Defenders of the reforms point to the example of the US legal system and other democracies where all judges are selected by elected officials.

Following Levin’s announcement he will be completing preparation to bring the bills to the Knesset in the next month or two.

  • Netanyahu has not commented publicly on Levin’s plan it is thought that he does not necessarily agree with it all and elements could be softened.  Speaking recently on his podcast Ron Dermer, perhaps Netanyahu’s closest ally and newly minted Minister of Strategic Affairs though the reforms should be made “with a scalpel and not sledgehammer.”
  • The verdict in Deri’s hearing  could still take some weeks, but will have profound repercussions for the government and its relationship with the court.

January 4, 2023

Netanyahu announces Security Cabinet

Following the swearing in of the new government last week, yesterday Prime Minister Netanyahu announced the makeup of the Security Cabinet.

  • Netanyahu will chair the committee. The other members will be:
    • Defence Minister, Yoav Galant, Likud
    • Justice Minister, Yariv Levin, Likud
    • Foreign Minister, Eli Cohen, Likud
    • Interior Minister and Health Minister, Aryeh Deri, Shas
    • National Security Minister, Itamar Ben-Gvir, Jewish Power
    • Finance Minister, Bezalel Smotrich, Religious Zionists
    • Strategic Affairs Minister, Ron Dermer
    • Transportation Minister, Miri Regev, Likud
    • Energy Minister, Yisrael Katz, Likud
    • Agriculture and Rural Development Minister, Avi Dichter, Likud

Foreign Minister Eli Cohen began his tenure with a handover meeting with former Prime Minister and Foreign Minister Yair Lapid.

  • Cohen also began engaging with foreign leaders, speaking to UAE Foreign Minister Abdullah bin Zayed and with US Secretary of State Antony Blinken.  According to the Times of Israel the latter asked Cohen to pass a message onto Russian Foreign Minister Lavrov when the pair spoke later in the day, but did not reveal the content of the message.
  • Defence Minister Gallant announced the appointment Maj. Gen. (res.) Eyal Zamir as the new director general of the ministry. Zamir, the former IDF deputy Chief of Staff also previously served as Netanyahu’s military secretary and recently missed out on the top IDF position when former Defence Minister Gantz appointed Maj. Gen. Herzi Halevi instead.

In parallel: There was widespread international condemnation of Minister Ben Gvir’s visit to the Temple Mount yesterday.

  • Unlike in the past, when Ben Gvir has been accompanied by journalists and fanfare, this time he entered the compound early in the morning, discreetly through a side entrance, with the whole visit lasting less than 15 minutes.
  • The visit was coordinated with Netanyahu and the police and followed consultations with the wider security establishment.
  • The visit coincided with the tenth of Tevet, a fast day to commemorate the Babylonian siege and eventual destruction of the First Temple.
  • Following the visit, Prime Minister Netanyahu reiterated his long standing commitment to “strictly maintaining the status quo, without changes, on the Temple Mount,” whereby it is permitted for non-Muslims to visit the site but not to conduct prayer services.  (For more reactions to the visit see media summary below).
  • Last night a single rocket was fired towards Israel. The rocket fell short and landed in an open field inside the Gaza Strip.

Netanyahu carefully weighted the security cabinet, ensuring a majority for moderate loyalists.

  • In addition, he has also appointed long term ally Tzachi Hanegbi (who did not reach a realistic spot in the Likud primaries) to serve as his National Security Adviser.
  • It is rare for an Israeli political leader to produce an heir, let alone two; credit to former Finance Minister Moshe Kahlon who retired from politics two years ago. He brought both the current defence and foreign ministers into politics in his Kulanu Party, before re-joining the Likud.
  • Foreign Minister Cohen served as minister for intelligence in the last Netanyahu government, playing a key role in reaching the normalisation agreement with Sudan.
  • Since the government was sworn in, Netanyahu has also spoken to an array of regional leaders including Egyptian President Sisi and UAE President Sheikh Mohamed bin Zayed Al Nahyan, whom Netanyahu intends to visit soon.
  • There is concern that Netanyahu’s priority of strengthening regional alliances and expanding the Abraham Accords will be jeopardised by Ben Gvir’s actions.

Tomorrow the UN Security Council is expected to convene at the behest of the UAE, on behalf of Jordan and the Palestinian Authority to discuss the situation on the Temple Mount.

  • Foreign Minister Cohen hopes to continue the momentum of the Negev Forum, inaugurated last year in Sde Boker, which included the foreign ministers of Israel, Egypt, UAE, Bahrain, Morocco and the US. They are planning to convene in Morocco in March.

December 23, 2022

Netanyahu forms government

  • Twenty minutes before the midnight deadline on Wednesday night, Benjamin Netanyahu informed the president he had successfully reached agreements to form a government.
  • Netanyahu told Herzog, “Thanks to the massive public support we received in the recent general election, I inform you that I have successfully formed a government that will work for the benefit of all citizens of Israel,”
  • Herzog replied, noting, “you have promised to work for the benefit of the entire nation of Israel; I hope all of you enlist in this mission, at this period of time. May you be successful.”
  • The Likud is still in final negotiations with their right wing partners to conclude the coalition agreements, but some details have been released.

Likud – Religious Zionist Party: The agreement includes:

  • Prioritising legislation on judicial reform, both regarding the ability of the court to ‘override’ Knesset laws and changes to the judicial selection committee. The agreement notes the need to restore the proper balance between the legislative branch and the judiciary.
  • Eight billion shekels (£1.9bn) to be spent on a five-year plan to upgrade roads in the West Bank. This reverses the spending priorities of outgoing Transport Minister Merav Michaeli leader of the Labour Party.
  • Appointing a national religious chief rabbi (until now the roles of both Sephardi and Ashkenazi chief rabbis have been Ultra-orthodox).
  • Reviewing the ‘grandchild clause’ of the Law of Return. The current law allows non-Jewish grandchildren of Jews that have immigrated to Israel the full range of rights and benefits. The Likud has not fully accepted the cancellation and agreed that the law will be reviewed by a special committee.
  • A new kosher supervision law, which cancels a more decentralised version introduced by the outgoing government.
  • Legislating a new Basic Law: Torah Study.  This will enshrine bible study as a fundamental value recognised in law. It could then serve as precedent to justify learning instead of military service for Ultra-orthodox men.

Likud – Jewish Power:

  • The incoming national security minister, Itamar Ben Gvir, will have the authority to decide the rules of engagement for the police. The commonly cited example imagines a scenario involving an Israeli soldier facing someone holding a Molotov cocktail, and asks whether it’s necessary to wait before the cocktail is thrown before shooting, or if all other measures should be taken first, with live fire only used as a last resort.
  • In an unprecedented move the Shin Bet security service will expand its remit to deal with crime in Arab society.
  • To repeal the law preventing someone running for Knesset being disqualified on the grounds of incitement to racism. In the past, Ben Gvir’s allies were prevented from running.
  • Banning the waving or displaying of Palestinian flags in institutions funded by the state or in local authorities.
  • Establishment of minimum sentences of three years in prison for agricultural crime and three years for demanding protection payments.
  • Provide legal immunity for members of the security forces.
  • Defining incitement against the Ultra-orthodox sector as racism.

Likud – UTJ: This agreement has more than 120 sections, some of the ‘highlights’ include:

  • For the first time, UTJ will have a representative in the security cabinet, housing and construction minister designate Yitzchak Goldknopf.
  • A commitment that before the 2023 budget is passed, a new military draft bill will secure the status of yeshiva students.
  • The UTJ will have the right to veto all issues of religion and state.
  • Funding for religious institutions will be expanded and the budgets for educational institutions in the Ultra-orthodox community be made equal to those in general education.
  • A representative of the rabbinate will be a permanent member of the committee that decides on work permits during the Sabbath.
  • Leading prayer services at the Western Wall will be exclusively determined by the Chief Rabbinate and the rabbi of the Western Wall. This appears to cancel recommended reforms accommodating non-orthodox Jews.
  • Cancelling the outgoing government’s tax on disposable plates, cutlery items and high sugar soft drinks.
  • A committee will explore recognising rabbinical ordination as equivalent to a university degree to allow more ultra-Orthodox to apply for civil service jobs. Another section, considered unprecedented, states that five years of work experience be considered equivalent to a degree.

Netanyahu now has another week to complete the task of distributing government portfolios ahead of the formal swearing in ceremony.

  • The most significant remaining challenge will be the allocation of positions for Likud MKs.
  • As Yediot Ahronot commentator Sima Kadmon concluded: “The one thing that is likely to be somewhat reassuring is that not everything that’s written in these agreements will be carried out. As we learned from Netanyahu, pledges are one thing and implementation is another.”

December 21, 2022

Knesset in session for expanding police powers

The Knesset is in the midst of a marathon session as it tries to pass four pieces of legislation in the next few days.

  • There are four bills being debated in Knesset committees and being prepared for their second and third readings.
    • The first relates to the expansion of powers over the police for designated National Security minister Itamar Ben Gvir. Among the expanded powers, he wants more direct control over police operations and oversight of the police commissioner.
    • Secondly, an amendment to Basic Law: Government, to allow Shas leader Aryeh Deri to serve as minister (despite being convicted last year on tax offences). The new amendment will make a distinction between a suspended prison service (that Deri received last year) and serving prison time (that happened to Deri in the past).
    • The third change is also to the Basic Law: Government. It will move control over the Civil Administration (in the West Bank) and the Coordinator of Government Activities in the Territories from the ministry of defence to the leader of the Religious Zionist Party Bezalel Smotrich.
    • The fourth bill will repeal the clause in the Knesset law that allows four MKs to splinter off from an existing faction. This clause was changed by the previous government to try (unsuccessfully) to facilitate a split within the Likud. The repeal reverts to the previous situation that requires one-third of a party to split in order to form its own faction. 
  • Netanyahu is keen for the fourth bill to pass before he allocates ministerial portfolios and other positions to his Likud colleagues, lest those unsatisfied attempt a rebellion.
  • Itamar Ben-Gvir is still demanding veto power in the Knesset Constitution, Law and Justice Committee, but the Likud is opposed.
  • One issue on which Ben-Gvir could back down relates to ministerial oversight of the Police regarding criminal prosecution. The current compromise suggests the minister would have the power to determine which types of cases will be investigated, but not to interfere in specific cases.
  • Furthermore, this morning a moderated version of the Ben Gvir bill proposed that the minister will determine policy on investigations, including how long they will take, but only after first consulting with the police commissioner and the attorney general.
  • Ben Gvir has also reportedly agreed to insert a clause that stipulates that the police commissioner is the supreme commander, (but still subordinate to the minister).
  • Among other outstanding issues is Ben Gvir’s demand to give soldiers and police officers immunity for action taken during terrorist attacks.
  • Ben Gvir is also seeking revision of the rules of engagement used by the IDF and the police.
  • It appears Netanyahu is waiting to the very last moment to distribute ministerial portfolios and other positions to his own party colleagues. There is ongoing concern within his party that the coalition partners have already extracted too many concessions. One example is the Education Ministry, once seen as one of the most important positions. This time around it appears less appealing since various departments have been redistributed as part of the coalition deals.
  • Meanwhile, some of the most controversial proposals are expected to only have a vague commitment in the coalition agreement. For example, a new military draft bill, which places the Ultra-orthodox at odds with the Likud, will only be negotiated after the new government is formed.
  • Similarly, judicial reform and an ‘override clause’ are expected to only be discussed after the new government is sworn in. Bezalel Smotrich is still demanding an explicit promise to limit the authority of the judiciary. Netanyahu prefers to only make a vague commitment and wait a few months before moving forward.
  • However, if the legal establishment tries to reject one of the bills currently being prepared, for example, the Deri law, this could precipitate a constitutional crisis.

Netanyahu received a ten day extension of his mandate, which formally expires at midnight Tuesday. Though technically he can ask the president for an additional four-day extension.

  • Once Netanyahu formally updates the president that he has a government, the Knesset must convene a vote within seven days to swear in the new government.
  • They also need to publish the coalition agreements 48 hours ahead of the vote.
  • In parallel, Netanyahu hopes to have all of the planned legislation completed by the middle of next week.

December 14, 2022

Levin expected to be Knesset Speaker

Likud MK Yariv Levin is expected to be elected as the temporary speaker of the Knesset. This will finally give the incoming coalition control of the legislative process.

  • On Friday President Herzog agreed to extend Netanyahu’s mandate to form a government by ten days.
  • Herzog wrote to Netanyahu: “You said that you would form a government that would act on behalf of the entire public… Therefore, and in the spirit of your above-cited statements, I wish to repeat the call I issued on the day the Knesset was sworn in for the government that is formed to act on behalf of the entire Israeli public, and that the emerging coalition adhere to respectful and responsible dialogue.”
  • Over the weekend, the outgoing Prime Minister Lapid’s Yesh Atid Party and the Labour Party already began protesting the incoming government at various bridges and junctions. Lapid himself attended one of the demonstrations in Tel Aviv. He told the crowd, “We are here to tell the new government that is being formed that we aren’t your suckers. We aren’t here only to pay you taxes and to send our children to the army for a government that doesn’t send its own children to the army. Avi Maoz, who hates LGBTQs and hates women, won’t educate our daughters; and Itamar Ben Gvir, a violent criminal who was convicted of supporting terrorism and didn’t serve a single day in the army, isn’t going to send our children into battle. What’s being formed now is neither a Likud government nor a right-wing government; it’s the most extreme and the most insane government in the country’s history. Netanyahu is weak, and partners who are younger than him, more determined than him and more radical than him, have defeated him unconditionally. But we aren’t going to surrender. We are here to stay.”

Context: Levin is considered one of the Likud MKs closest to incumbent Prime Minister Netanyahu. He has served as the Likud’s lead negotiator during the coalition negotiations.

  • Levin will only be a temporary appointment because the Likud leadership could not agree to a permanent candidate at this stage. There are several Likud MKs vying for the position but it is dependent on the allocation of other ministerial positions that has not yet been decided.
  • The election of a new speaker is an essential step to forming the next government. Once in control of parliamentary proceedings they plan to pass a series of new laws before the government can be sworn in.  These include:
    • An amendment to Basic Law: Government to allow Shas leader Deri to serve as minister (despite being convicted last year on tax offences). The new amendment will make a distinction between a suspended prison service (that Deri received last year) and serving prison time (that happened to Deri in the past).
    • An amendment that would give Ben Gvir expanded powers over the police. Ben Gvir is set to be appointed national security minister. Among the expanded powers, he is seeking to place the police’s annual budget under his discretional purview. He also wants more direct oversight over the police commissioner.
    • Legislation that would move control over the Civil Administration (in the West Bank) and the Coordinator of Government Activities in the Territories, from the ministry of defence to Smotrich in the finance ministry.
  • Levin himself is considered the lead candidate to become justice minister. However, recent speculation has suggested his desire for judicial reform may be too extreme for Netanyahu.
  • From the outside a relatively homogeneous right wing religious coalition should have been easier to assemble. However, Israeli media is rife with speculation over disagreements and mistrust within the Likud faction and among the future coalition partners.

The first stage today will be for the Likud parliamentary faction to elect MK Yariv Levin as their candidate to serve as temporary Knesset speaker. Once approved by the faction, Levin’s nomination will be put to a vote in the Knesset plenum.

  • The new coalition then intends to pass several pieces of legislation within the next few days.
  • The plan is for these bills to pass their second and third readings by next week, to then allow the new government to be announced ahead of the December 21 deadline.
  • After informing the president, Netanyahu will have an additional seven days to formally swear-in the new government.

Ultra-orthodox demands: In addition to the coalition agreement on portfolios and legislation Channel 12 News revealed a slew of demands that have reportedly been agreed between Likud and United Torah Judaism (UTJ). However, according to the Likud not all these demands will be met.

  • Among the issues:
    • Stopping the production of electricity on the Sabbath.
    • Adding a representative of the Chief Rabbinate to all committees that decide on government work permits on the Sabbath.
    • Adding NIS 100 million (around £24m) in Education Ministry funding for Ultra-orthodox culture.
    • Initiating affirmative action to add Ultra-orthodox candidates to the board of directors of government companies.
    • Increasing the number of gender-separated beaches, proportionate to the size of the ultra-Orthodox population.
    • Government funding for the correct disposal of damaged holy documents containing God’s name, (according to Jewish law they must not be thrown away but buried).
    • Expanding Bible and Talmud studies in secular schools.
    • Establishing a government-funded hotline that will provide answers for questions related to Jewish religious law.
    • Allowing the heads of hospitals to prohibit unleavened bread being brought into hospitals during Passover.
    • Ensuring any government service now provided via the internet will also be available by phone operators or in person.
    • A review (with a view to closing) of the Diaspora Affairs Ministry’s department that deals with Reform Judaism.
    • Cancelling the outgoing governments reforms to the ‘kosher phone’ (non-smart phone) market.
  • Incoming Prime Minister Netanyahu related to the report from the Knesset plenum yesterday saying, “There is and will be electricity on Sabbath, there are and will be beaches for everyone. We will maintain the status quo, everybody will live according to their own beliefs.” He added that the state will not be governed according to Jewish Law. Insisting, “There will be a state here that will take care of all the citizens of Israel without exception. We were chosen to lead in our own way, the way of the national right and the way of the liberal right and we will do so.”
  • Outgoing Prime Minister Lapid responded saying, “The UTJ-Likud agreement is a disgraceful surrender agreement….If they think we’re going to pay taxes, go to the army, bankroll people who don’t work and then for them to tell us to lead our lives, I have news for them: We won’t allow Israel to become a benighted country. Netanyahu is weak and is selling our freedom for his own freedom.”

Looking ahead: Later today the police commissioner will appear in front of a special Knesset committee and give his opinion on the proposed changes.

  • The appointment of Levin as speaker is a temporary move for the next couple of weeks to facilitate the passing of those four pieces of legislation before the new government is sworn in. At the second stage a permanent speaker will be elected and Levin is expected to be the next minister of justice.
  • The plan is for these bills to pass their second and third readings by next week, to then allow the new government to be announced ahead of the December 21 deadline.
  • After informing the president, Netanyahu will have an additional seven days to formally swear-in the new government.

December 5, 2022

MK Maoz appointment criticised

Local government, school principals and parent groups have all heavily criticised the appointment of MK Avi Maoz from the Noam Party to a position within the Prime Minister’s office with authority over external curricula content in the state-run education system.

  • Maoz is best known for his long-standing opposition to the LGBTQ community and highly conservative views.
  • In response to his appointment the Tel Aviv municipality declared it would continue to fund external educational content “in keeping with the spirit of this city.” Tel Aviv Mayor Ron Huldai said, “The message that has been sent from local authorities is strong and clear: We will not allow anyone to play games with the education of our children. I will make sure that in our city, we continue to educate in keeping with our values.”
  • Over the weekend, dozens more mayors, including from the Likud, expressed their objections to Maoz’s appointment and announced that they would fund educational content themselves. The Likud Mayor from Bat Yam Tzvika Brot said, “No party has a monopoly on Judaism, just as no party has a monopoly on pluralism. We will not allow anyone to meddle with our policies or values and change the status quo in this city.”
  • Ramat Gan Mayor Carmel Shama Hacohen, a former Likud MK, said “The city of Ramat Gan will fund two hours of class time on liberalism, inclusiveness and equality for every hour the government slashes on those topics.”
  • In addition, around 200 school principals sent a letter to the designated prime minister Netanyahu. They wrote, “We, school principals from across the country, from a range of sectors will stand strong to protect our democracy and the basic rights of the citizens of this country when it comes to issues related to the Basic Law: Human Dignity and Liberty. We hereby express our opposition to the removal of the unit responsible for external content and partnerships from the Education Ministry and transferring responsibility for that unit to a department that will be headed by Avi Maoz of the Noam Party, who has openly expressed his racist, homophobic views that are very benighted and very extreme, which cancel, divide, tear apart and hurt entire communities and broad identities in Israeli society. We will not allow benighted views to dictate the agenda in our schools. We call for this decision to be changed immediately,”
  • In addition, more than 660 civics teachers and educators wrote, “We will not quietly accept educational leadership that promotes, via legislation and action, anti-democratic actions that is damaging to human rights.”

Context: The Noam Party was elected as part of the Religious Zionist list, but since the election the list has splintered into its constituent parts, leaving Maoz as his own one-person faction.

  • According to the agreement he reached with the Likud, Maoz will serve as a deputy minister in the Prime Minister’s Office.
  • He will head the unit for external content and partnerships that was taken from the Education Ministry. The role overseas all of the curricula beyond core curricula, such as maths, English, sciences.  The unit has a budget of NIS 2 billion (around £480m).
  • Privately, some in the Likud now acknowledge that this appointment was a mistake. They had thought that the unit was a small and unimportant department in the Education Ministry, and failed to realise the influence he could have.
  • One theory under consideration is to hold up the transfer of authorities to Maoz, to create a crisis whereby Maoz will resign and quit the coalition. The coalition could still function with 63 instead of 64 members. However, others in the Likud have dismissed this approach.
  • Another suggestion is that Netanyahu himself would oversee Maoz. Responding to this idea, outgoing prime minister Lapid wrote yesterday on Facebook: “Netanyahu said that he would ‘personally supervise’ the Gefen Unit, which is responsible for educational programmes at schools. Netanyahu knows that that’s a lie. He is saying that in the hope that the storm will blow over. Netanyahu knows that he has done something terrible—he has placed in the hands of a dangerous racist a budget of more than two billion shekels, with an open ticket to the hearts and minds of every child in Israel. Don’t let Maoz near your children. The authority is in your hands, and you can stop this.”

Looking ahead: Tomorrow the outgoing education minister, Yifat Shasha-Biton, is scheduled to convene an emergency conference. Attendees are expected to include outgoing Prime Minister Lapid, Defence Minister Benny Gantz, MKs, mayors, former education ministers, educators, parents and representatives of civil society organisations.

December 2, 2022

Coalition agreement reached

Prime Minister designate Benjamin Netanyahu’s Likud and Bezalel Smotrich’s Religious Zionism have reached an agreement in their coalition negotiations.

  • The sides appear to have reached an understanding over the recognition and provision of services to outposts hitherto illegal under Israeli law (and referred to euphemistically as ‘newer settlements’).
  • These unauthorised settlements are set to be connected to water and electricity supply within two months, and those built on “state land” legalised within a year.
  • Smotrich will head an expanded Finance Ministry in rotation (after two years) with Shas leader Aryeh Deri, who will be appointed to both the Health and expanded Interior Ministry briefs.
  • Netanyahu had denied Smotrich the coveted defence portfolio, but instead will expand his party’s influence over some aspects of West Bank policy.
  • The Defence Ministry will retain the offices of Civil Administration in Judea and Samaria and Coordinator of Government Activities in the Territories. Crucially, however, a Religious Zionism MK – likely either Orit Struck, Smotrich himself, or a combination– will oversee both offices and wield considerable influence over settlement policy.
  • Religious Zionism will also control the Immigration and Absorption Ministry (with Ofir Sofer the likely minister) and the chairmanship of the Knesset’s Constitution, Law, and Justice Committee (likely to be held by Simcha Rothman).

Other cabinet positions: The senior roles of Defence, Foreign, and Justice Minister will be filled from within the Likud and are expected to go to Yoav Galant, Amir Ohana, and Yariv Levin respectively. The Education and Transport ministries are likely be to headed by Likud MKs Eli Cohen and Miri Regev.

  • Shas will control the Religious Affairs and Welfare ministries.
  • Jewish Power leader Itamar Ben Gvir will be named National Security Minister and receive an expanded public security portfolio, including authority over Border Police operating in the West Bank.
  • Noam Party Chairman Avi Maoz’s will assume a “Jewish Identity” role in the Prime Minister’s office and will also oversee the Education Ministry’s external programming and collaborations.
  • The previous Negev, Galilee and Periphery Development Ministry will likely see its brief divided in two, with a Negev and Galilee portfolio handed to Jewish Power and responsibility for the periphery portfolio subsumed by an Interior Ministry under Shas control.

Context: The successful negotiations represent a major achievement for Religious Zionism.

  • Its oversight of West Bank civilian policy and control of the Immigration and Absorption Ministry and the Knesset’s Constitution, Law, and Justice Committee portfolio could prove crucial to the chances of implementing some of its most controversial legislative ambitions, including:
    • Changes to the Law of Return, including the removals of the “Grandfather Clause” (expected to be opposed by Netanyahu) and the recognition of non-Orthodox conversions for the purpose of immigration.
    • Increased building in settlements and clamping down on illegal Palestinian construction in area C.
    • Judicial reform, likely to include a Knesset override of Supreme Court rulings.
    • Barring the indictment of a sitting prime minister (the so-called ‘French Law’) and also providing immunity from criminal prosecution for ministers.
  • Netanyahu has sought to calm international concern by claiming that policy will reflect a traditional Likud approach. “Defence”, he said in a recent interview, “is not merely… preventing incoming missiles. It’s also deciding on policies that could be quite inflammatory. I’m trying to avoid that.”
  • Netanyahu has also made comments designed to reassure international and domestic audiences that despite the dominance of religious parties in the coalition, Israel will remain guided by secular traditions in forming its laws: “Israel is not going to be governed by Talmudic law”, he said.
  • United Torah Judaism officials are said to be angry that the Likud has prioritised concluding coalition deals with Jewish Power, Religious Zionism, and Shas over them. A UTJ source is quoted saying: “They think they can buy us with crumbs. That isn’t going to happen.”
  • Likud MKs are also said to be angry that Religious Zionism and Shas have been so well rewarded at the expense of their own part.
  • The announcement of Moaz’s roles has prompted concerns from Diaspora leaders and LGBTQ organisations.
    • The former are worried over Moaz’s proposals to annul recognition of non-Orthodox conversion and to restrict the right Aliyah to those who can prove at least one Jewish parent.
    • The latter fear that Moaz will use his educational remit to promote an anti-LGBTQ agenda, having been vocal opposing LGBTQ rights and having promised to end Jerusalem’s annual Pride Parade.
    • Outgoing Education Minister Yifat Shasha-Biton recently lamented that “a man for whom hatred is his vocation is going to control the materials that get taught at schools.”

Looking ahead: The breakthrough with Smotrich opens the possibility of Netanyahu being able to present a government to President Isaac Herzog by the initial deadline of December 11th.

  • However, it has been reported that Netanyahu plans to request that Herzog trigger a two-week extension, giving him until December 25th to ensure not only that all posts are filled and the coalition’s agenda coordinated, but also that Deri’s legal position has been clarified.
  • Deri’s appointment will require the Knesset to pass new legislation – already prepared by Shas – clarifying that a suspended sentence does not meet the threshold of moral turpitude required to bar someone from ministerial service.
  • To do this, the coalition bloc will first need to take over the parliamentary process by electing a new Speaker of Knesset. This will go to a Likud MK, though Netanyahu has not yet decided whom to appoint as it is dependent on first filling cabinet posts.

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