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Updated October 21, 2024

Compromise talks between Government and coalition begin

Talks began last night between representatives from the coalition, and the opposition parties of Yesh Atid and the National Unity Party, facilitated by President Herzog to try and find a consensus on judicial reform.

  • The talks are the beginning of a process, following Prime Minister Netanyahu’s announcement on Tuesday evening that he was suspending legislation on the judicial reform to facilitate dialogue, with the goal of reaching a broad agreement.
  • Following a day of national strikes on Monday that had closed down various sectors including the airport, Netanyahu had said, “When there’s a chance of averting a civil war through dialogue, I, as prime minister, take a timeout for dialogue. I am giving a real chance for real dialogue… Therefore, out of national responsibility, I have decided to suspend the second and third readings of the bill in this Knesset, ahead of legislation in the next session. Either way, we will enact a reform that restores the balance among the branches of government that has been lost, amid protecting and strengthening individual rights.”
  • President Herzog, who has been calling for dialogue, welcomed the prime minister’s statement, saying, “Stopping the legislation is the right thing. Now is the time to begin earnest, serious and responsible dialogue that will urgently calm tempers and lower the flames. I call on everyone to display responsibility. Demonstrations and protests by any side—yes. Violence—under no circumstances. If one side wins, the country will lose.”
  • At last night’s talks at the President’s Residence, the Likud was represented by Cabinet Secretary Yossi Fuchs, Prof. Talia Einhorn, Dr. Aviad Bakshi and Minister Ron Dermer. Yesh Atid was represented by MK Orna Barbivai, MK Karin Elharar, the former director general of the Prime Minister’s Office Naama Schultz and Attorney Oded Gazit. The National Unity Party was represented by MK Gideon Saar, MK Chili Tropper, MK Orit Farkash-Hacohen and Attorney Ronen Aviani.
  • Later last night the Labour Party leader Merav Michaeli said, “After much deliberation, we decided in the Labour faction to send a negotiating team to the President’s Residence – precisely because we do not trust or believe Netanyahu.  We will be there, to make sure from the inside that the judicial overthrow laws do not come back to the Knesset vote through the back door… We weighed continuing an outcry from outside, but the thought that public representatives might concoct a deal at the expense of Israeli democracy makes it impossible for us to straddle the fence.”
  • Despite Netanyahu’s announced suspension of the legislation, the bill to change the makeup of the Judges Selection Committee has now been tabled in the Knesset ahead of the vote on its second and third readings. On one hand this is technical, but it is means the bill could now be put to a Knesset vote within 24 hours before going on recess. The coalition has said that it would not do so.

The prime minister’s speech delivered on Tuesday night followed a turbulent day of huge anti-government protest. His address also coincided with the first right-wing counter demonstration in support of judicial reform.

  • The anti-government protests were attended by an estimated 600,000 people across the country. The pro-government rally was one of the largest ever right wing demonstrations, estimated at close to 200,000 people – larger than any of the protests that took place during the Bennett-Lapid government.
  • There are suggestions that the President’s “people’s proposal” could be the basis for the dialogue.
  • It is noteworthy that the makeup of the Likud’s negotiators are not the legal zealots, but those closest to the prime minister, like Minister Dermer, who favour a more consensual reform. The Likud delegation is said to have the full support of the coalition.
  • The opposition enter these talks with high aspirations. Yesh Atid is hoping this process will include drafting a constitution. The Labour Party is looking to promote a bill of rights, to strengthen the status of the Knesset and to guarantee the independence of the judicial system.
  • The role of Defence Minister Yoav Gallant is currently unclear. Gallant was fired by Prime Minister Netanyahu on Sunday night but no formal letter of dismissal has been issued. The defence minister will continue to serve until he is formally relieved of his duties.
  • Gallant was fired for suggesting the legislation be suspended, the same policy that the prime minister adopted 24 hours later.
  • In order for the prime minister to garner the support from all his coalition to delay the judicial reform, he agreed to Minister Itamar Ben Gvir’s demand to form a National Guard that would be under his purview.
  • A National Guard was proposed by the outgoing Bennett-Lapid government, but was meant to fall under the authority of the police. The police object to a parallel force being formed under a separate chain of command.
  • The latest opinion polls show a surge in support for National Unity Party Chairman Benny Gantz. According to a poll on Kan News, the Likud receives 25 seats (down from 32), Yesh Atid: 22 (down from 24), The National Unity Party: 21 (up from 12). Overall the current coalition parties only receive 53 seats, whilst today they have 64.
  • When asked who is best-suited to serve as prime minister, Netanyahu or Gantz – for the first time Gantz overtakes Netanyahu with 37 percent support v 30 percent.
  • Today President Herzog will continue his consultation with other opposition factions including the United Arab List (Ra’am), Hadash-Ta’al and the Labour Party.
  • The formation of the National Guard is expected to be put to a vote at the next cabinet meeting.
  • The Knesset formally goes into recess on April 2nd.  The summer session opens April 30th until July 30th which is the new deadline to pass the legal reform.

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 20, 2023

Talks in Sharm, another shooting in Hawara

Officials from Israel, Palestinian Authority (PA), Egypt, Jordan and the US met in the Egyptian resort of Sharm el-Sheikh on Sunday.

  • Israel was represented on a professional level by the Director of the Shin Bet Security Service Ronen Bar and on a political level by the head of the National Security Council Tzachi Hanegbi.
  • The Palestinian delegation was led by PA Civil Affairs Minister Hussein al-Sheikh and head of Intelligence Majed Faraj.
  • Middle East adviser Brett McGurk represented the US alongside the foreign ministers of Jordan and Egypt.
  • According to Israeli media reports the Israeli delegation stressed the need to take uncompromising action against terrorism in order to prevent any escalation during and after Ramadan.
  • Israel and the PA reaffirmed their shared commitment to immediately refrain from taking unilateral action for a period of between three and six months. That includes an Israeli commitment to stop any discussion about building new housing units in the settlements for a four-month period, and to stop recognising unauthorised outposts for six months.
  • Efforts were also made to find a mechanism for Israel and the PA to cooperate and avoid any further deterioration in security for both Israelis and Palestinians.
  • The sides also agreed to establish a forum that would discuss Palestinian demands to receive tax funds that Israel has withheld after deducting the equivalent of terrorists’ salaries.
  • Meanwhile yesterday in Hawara a terrorist opened fire from point blank range at an Israeli car and injured a 30-year-old Israeli man alongside his wife.
  • The driver, David Stern, a resident of nearby Itamar settlement, who trains the security teams in the area, is also a US citizen and an ex-Marine. He managed to return fire and injure the terrorist, who dropped his gun and fled.
  • The injured terrorist was later found by IDF forces and taken for questioning.
  • On Saturday night a single rocket was fired from the Gaza Strip into Israeli territory. It fell in uninhabited territory close to the border and no one was injured. The IDF retaliated by shelling a Hamas military outpost.
  • Also over the weekend a senior member of Palestinian Islamic Jihad (PIJ) was assassinated near his home in Damascus.  Ali Ramzi Al-Aswad was a senior engineer in the PIJ military wing. Israel was blamed for his death.

This meeting in Sharm was the second regional summit focusing on Israeli – Palestinian arena following Aqaba conference at the end of February.

  • There remains a shared Israeli – PA agenda to deescalate the situation in the West Bank and on the Israeli side.
  • From the Palestinian perspective the purpose of the summit was to address their security concerns particularly related to limiting IDF incursions into Palestinian cities during Ramadan.
  • The Israelis are keen to fully re-establish security coordination with the PA Security Forces (PASF) and for the PASF to reassert themselves as they have recently begun to do in Nablus.
  • The US are also keen to see calm in the West Bank and thought to encourage Israel to take confidence building measures to improve economic conditions in the West Bank.
  • It is possible that the PIJ operative targeted in Damascus built the bomb that exploded in Megiddo junction last week.
  • Meanwhile over the weekend PIJ leader Ziyad al-Nakhalah met with Hezbollah leader Hassan Nasrallah in Beirut.  This meeting suggests further evidence of Iranian support via Hezbollah for Palestinian terror groups.
  • The rocket fired on Saturday night was the first in eleven days.  Already this year thirty-six rockets have been fired from Gaza Strip towards Israel.  Most have occurred following Palestinian fatalities as a result of an Israeli counter-terror operation in the West Bank.
  • In parallel, the Jerusalem municipality announced steps to help East Jerusalemites celebrate Ramadan. Street decorations can already be seen in the eastern part of the city,  The municipality has also distributed food vouchers for the poor and deployed extra street cleaning. They are planning to hold several sporting and cultural activities to keep youngsters engaged over the holiday.

IDF troops in the West Bank have completed their training and preparation ahead of Ramadan.

  • They remain on high alert, particularly in Hawara so as to prevent any vigilante responses from settlers.
  • Whilst the IDF remain on alert for potential attacks they will also be taking measures to facilitate freedom of worship for Palestinians to visit Al-Aqsa on the Temple Mount.
  • The agreements reached in Sharm are aimed at securing quiet in the months ahead.

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 10, 2023

Shooting attack in central Tel Aviv

Three Israelis were injured, one critically, after a terrorist gunman opened fire in Tel Aviv on Thursday night.

  • Mutaz Salah al-Khawaja, 23, began shooting at passersby at the intersection of Dizengoff Street and Ben-Gurion Boulevard at around 9.00pm.
  • He then fled to a nearby building before later leaving and being shot dead by four people, including police officers and an off-duty reserve IDF officer.
  • Ichilov Hospital in Tel Aviv confirmed that one of the shooting victims was given emergency life-saving surgery on arrival but that their life remained in danger.
  • Injuries to the other two were described as non-life threatening and their condition as “serious and light-to-moderate”.
  • Clashes later occurred between troops and locals in al-Khawaja’s West Bank home village of Ni’lin when troops entered to map out his home following Defence Minister Yoav Gallant’s order for its immediate razing.
  • The IDF confirmed one “hit”, while Al-Khawaja’s father and another family member were arrested as locals launched Molotov cocktails, hurled stones, and set up flaming roadblocks.
  • Earlier on Thursday, three Palestinian Islamic Jihad (PIJ) terrorists were shot dead after opening fire on undercover Israeli forces personnel attempting an arrest raid in the West Bank village of Jaba’, south of Jenin.
  • Weapons and explosives were found in the suspects’ car, while the IDF confirmed that a Skylark drone was downed during the operation.
  • In further raids netting 15 arrests on Thursday morning, troops also came under fire in other West Bank locations.
  • In a separate incident on Thursday, A Palestinian man was shot and killed attempting to launch an attack with a knife and IEDs after breaking into the Havat Dorot Illit farm near the West Bank settlement of Karnei Shomron.
  • Elsewhere, troops searched Beitar Illit after an IED was found on a bus in the West Bank settlement.
  • IDF troops also came under fire from Palestinian gunmen while operating in Tulkarem last night

Thursday’s events follow a previous week in which deadly terror attacks killed brothers Hallel and Yagel Yaniv and Elan Ganeles, and also saw the riot by settlers in Huwara claim the life of one Palestinian resident.

  • The rise in terrorism in recent months has left 14 Israelis dead and many others, including the latest victims, injured.
  • At least 74 Palestinians have been killed, the vast majority either in the midst of terrorist activity or during clashes with Israeli troops.
  • On Tuesday, six Palestinians were killed, including the terrorist responsible for the murders of the Yaniv brothers in Huwara last week, during an IDF raid in Jenin.
  • A seventh Palestinian, a fourteen-year-old boy succumbed yesterday morning to wounds sustained in the operation.
  • Defence Minister Yoav Gallant yesterday hosted US Secretary of Defence Lloyd Austin, with their talks including discussion of the escalation in violence.
  • In public remarks Gallant highlighted the importance of seeking stability and security with a priority on the “economic prosperity and well-being of the Palestinian people”. However, “This should never come at the expense of the life of a single citizen of Israel.”
  • Dizengoff Street is a busy and popular area of Tel Aviv and was crowded with post-Purim revellers at the time of Thursday’s attack.
  • It was also the site of deadly terror attacks last year (killing three) and in 2016 (killing two).
  • Israeli Police Chief Kobi Shabtai noted that the attack could have proven even worse. “We had a lot of luck here,” he said; “the fast reaction of the cops and citizens on the site prevented the murder of hundreds of people.”
  • Protests against the government’s judicial reform were occurring nearby and diverted from their planned arrival in Dizengoff Street.
  • Hamas claimed al-Khawaja as a member and called the attack a “natural response” to recent Israeli raids, without explicitly claiming responsibility.
  • Al-Khawaja was in Israel without a valid permit and had previously served two Israeli prison sentences for weapons smuggling.
  • British Ambassador to Israel Neil Wigan tweeted “A shocking attack in Tel Aviv tonight – close to the British Embassy and somewhere we walk past often. I wish a swift recovery to the injured. The UK condemns such terrorism.”
  • In the context of rising violence, five former police commissioners, three former senior Prison Service officials, and dozens of other former law enforcement officials wrote to Netanyahu urging the removal of Itamar Ben Gvir as National Security Minister.
  • The letter said that Ben Gvir’s policies, including his plans to continue house demolitions in East Jerusalem during the flashpoint period of Ramadan, were akin to “throwing a lit match into a barrel of gunpowder, which could in the best case bring about a third intifada, and in the worst case ignite an unnecessary fire in the Muslim world.”
  • Tel Aviv District Police Commander Amichai Eshed rushed to attend the scene of the Tel Aviv shooting on the same day he was fired by Ben Gvir, reportedly over the latter’s view that he had been too soft in his response to protesters.

Netanyahu’s office confirmed that he will remain in Italy until Sunday, as scheduled.

  • Israeli officials remain braced for further escalations in the run-up to and during Ramadan, which this year begins on March 22nd and partially coincides with Pesach.

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

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.”

March 1, 2023

Cabinet resignations expose tensions

United Torah Judaism (UTJ) MK Meir Porush yesterday resigned from his role as minister responsible for the annual Lag B’Omer Mount Meron festival.

  • Porush cited broken promises from coalition negotiations over his level of control over arrangements for the festival, amid a power struggle between Porush, the Shas-controlled Religious Affairs Ministry, and the festival’s previous organisers at the National Center for the Development of Holy Sites.
  • His resignation follows that of Noam Party head and Deputy Minister in the Prime Minister’s Office Avi Maoz on Monday.
  • Similarly claiming broken coalition negotiation pledges, Moaz said in his resignation statement that he “was shocked to find there was no serious intention of honouring the coalition deal regarding [the formation of] an authority of Jewish identity.”
  • Prime Minister Netanyahu is also facing other complaints from the ultra-Orthodox UTJ, concerning budget allocations for ultra-Orthodox education.
  • One UTJ member said, “The Likud thinks that coalition commitments are one-way, but they aren’t. If they don’t respect the agreements, we won’t be committed to the coalition. They have a majority without us. I hope they enjoy it. We won’t let the Haredi public get trampled.”
  • Security Minister Itamar Ben Gvir’s Jewish Power faction is also angry over recent security policy and over plans to allow UTJ members to vote with their conscience on the bill to introduce the death penalty for terrorists.
  • Externally, the government yesterday faced fresh criticism of its plans for judicial reform from former attorney general Avichai Mandelblit and former president of the Supreme Court Dorit Beinisch.
  • Speaking at the Institute for National Security Studies at Tel Aviv University on Tuesday night, Mandelblit said of the plans: “We are experiencing a regime coup, not so-called legal reforms… What laws are they advancing these very days? The precise laws that will damage the independence of the legal institutions and abolish their role as democratic safeguards in the State of Israel.”
  • Meanwhile, the large-scale popular protests seen since the announcement of the reform agenda will continue today as organisers implement a ‘day of disruption’.
  • Elsewhere, the latest public polling from Channel 12 showed low levels of support for the government’s current performance.

Ministerial responsibility for the Mount Meron festival was introduced following a 2021 disaster in which a faulty walkway caused a stampede which killed 45 people at the festival.

  • Porush has not resigned from his other roles as minister for Jerusalem Affairs and Jewish Tradition, though UTJ sources are briefing that he is considering a full cabinet resignation.
  • While greater coalition discipline and cohesion might have been expected so early in the life of the government, there is no compelling evidence that it is yet seriously threatened internally.
  • Finance Minister Bezalel Smotrich said yesterday: “It’s clear to me that none of the members who have presented ultimatums and sent letters of resignation are thinking about bringing down the government and don’t want to destabilise it. Maybe they’re allowing themselves to act this way precisely because of the government’s stability, but that is dangerous and irresponsible.”
  • Moaz’s appointment in January was met with outrage by opposition figures angered by his record of anti-LGBTQ positions.
  • Despite Friday’s two-year state budget approved by the cabinet including an apparent 40% rise (NIS 2.5 billion or $682 million) for ultra-Orthodox education, ultra-Orthodox lawmakers are said to be pressing for the full funding parity with secular education it says it was promised in coalition negotiations.
  • A party official is quoted today as saying “The Likud thinks that coalition commitments are one-way, but they aren’t. If they don’t respect the agreements, we won’t be committed to the coalition. They have a majority without us. I hope they enjoy it. We won’t let the Haredi public get trampled.”
  • Ben Gvir is known to oppose the restrained security response to recent Palestinian terror, with the Security Cabinet not yet convened since two separate attacks saw three Israelis killed in the last week.
  • Prior to and following Sunday’s Aqaba summit, and in anticipation of Ramadan, Israel has responded to US-brokered efforts to reduce tensions and allow the Palestinian Authority the opportunity to reassert some control in the West Bank.
  • Ben Gvir is also said to be angered that he wasn’t briefed on the summit in advance, with Netanyahu keeping the circle of senior security decision-makers small and circumventing the National Security minister.
  • Netanyahu has long opposed moves to introduce the death penalty for terrorists.
  • Mandelblit, formerly a close associate of Netanyahu, called on his successor as Attorney General and the High Court to annul legislation threatening Israel’s “liberal democratic” nature. To do so would not only be their right, he said, but their democratic duty.
  • Channel 12’s poll showed public satisfaction with the government at 33% on the economy and 24% on personal security.
  • Netanyahu, Ben Gvir, and Smotrich’s personal approval ratings were at 35, 32, and 30% respectively.

The Constitution, Law and Justice Committee is set to vote today on two elements of the judicial reforms restricting judicial review.

  • The reforms will then pass to the Knesset plenum for a first reading, possibly as early as next week.
  • Two other reform bills which have already passed a first plenum reading are also set to be allocated to committees:
    • The so-called “Deri Law”, restricting the High Court’s ability to overrule ministerial appointments.
    • A bill reducing the authority of the State Attorney’s office over the Police Internal Investigations Department, in preference to the Justice Ministry.
  • An initial reading is also expected of a bill reducing the circumstances under which the recusal of a sitting Prime Minister can be ordered.

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