The State of Israel is passing through the ‘most severe crisis’ and a ‘national emergency’ this week. Monday witnessed thousands of Israelis blocking national highways in and out of major cities from Jerusalem to Tel Aviv. The seven-month-long anti-judicial-overhaul protest movement was to have a face-off with the resilient government of Benjamin Netanyahu. The government was to pass a bill, not the whole controversial judicial reform package, that would curtail the judicial review powers of the Supreme Court of Israel. President Isaac Herzog tried for a last-minute compromise in vain. The bill was passed, and a significant segment of the Israeli political system was changed. Courts may not be able to overrule the laws of the legislature anymore. Around 6 lakh people (out of the over 90-lakh population of Israel) were protesting against it. After 75 years of independence, this is one of Israel’s most controversial political moments, akin to crossing the Rubicon.
Without a constitution, the judiciary’s role is more often critical. In the reasonableness clause, similar to the Judicial Review System in India, the Israeli judiciary kept checks on the executive. Any law serving more political than public interests could be termed unreasonable and nixed. The human rights of the minority, women or people of the LGBTQ community could rely upon the court’s protection if a discriminatory law was enacted. Judiciary did enjoy leeway in defining what is ‘reasonable’, and many political parties demanded that the legal ‘reasonableness’ be determined so that it is not left to the worldviews of judges. However, many were worried that the current government, with a minimum majority in parliament, isn’t representative enough for complex Israeli society to make amendments of such magnitude. Netanyahu himself is under trial, some of his ministers have been too vocal against the liberal-cosmopolitan views of judges, and more hardliners have been demanding unchecked powers.
Weak-hearted prime minister
Netanyahu is believed to be in bad shape, and going through tough times. A week ago, he fainted. He was in hospital two days before the crucial vote on the bill. He is now fitted with a heart pacemaker. The judicial reforms in Israel were suspended a few months ago in the light of tremendous protests, dissenting soldiers and apprehensive security and intelligence heads. Israel’s most strategic and closest ally, the US, also advised against it. After his hard-earned success in the parliament, Netanyahu still needs to deal with all these issues. His current unilateral approach is criticised by some of his strong supporters of the past who think his current agenda will weaken the morale of the army as well as break the unity of Israeli society or even the Jewish people. The Israeli Prime Minister needed to assure his ardent ideologues and supporters that he would not scrap the idea of judicial reforms. For this sake, he thought he could at least pass one item of the reforms: not to let the judiciary override the laws enacted by an elected government.
‘Netanyahu can’t have it all’ is what Foreign Affairs, an influential U.S. journal close to the establishment, called his current approach to power. Pulitzer Prize-winning columnist Thomas Friedman—who has the ears of US President Joe Biden—wrote in The New York Times that Netanyahu cannot be trusted as a responsible leader for Israel and more importantly for the US–Israel special relationship. Biden has been vocal and critical of the current Israeli government, which he said is the ‘most extreme’ he has seen in his decades in politics. He has not cared about diplomatic courtesies in not inviting Netanyahu to the White House. Biden instead hosted Herzog, to celebrate 75 years of Israel. He assured Israelis that he is with them but opposes Netanyahu’s politics. The Arab states, such as UAE, Morocco and Bahrain, which recently normalised relations with Israel under the Abraham Accords, have also grown skeptical of Netanyahu and are to avoid any significant initiative with his government. Netanyahu faces a new reality in which the US and its strategic allies will keep their distance from him.
Also read: Benjamin Netanyahu says Opposition threatening Israel’s democracy, not his judicial reforms
Not the king but the kingdom
Ten thousand active soldiers have come out against the Israeli government, withdrawing from their voluntary army service, which can get them jail terms. Around one thousand elite pilots, intelligent officers, and cyber security personnel who are part of the reserved force on voluntary terms have also declared the end of their services. They say they had a contract with a democratic polity based on consensus, which is no more the principle of the current government that is adamant about changing the long-held status quo for all Israelis. Arbitrariness and unilateral means of an elected government are not to be supported by the soldiers who believe their allegiance is to the country rather than a particular government. Minister of Defence of Israel Yoav Gallant was again in a dilemma of whether to support the government or his dissenting soldiers – he faced this crisis in March. He chose to stand with the dissenting soldiers rather than the government then. This time he tried hard to convince his cabinet members to compromise last minute but failed. ‘If I were to vote against the law, I would have to resign’ he said in explaining himself to the soldiers and other security heads. A leading think-tank, Institute for National Security Studies (INSS), has asked to halt the legislative proceedings in light of growing refusals from soldiers, which it terms the most severe crisis Israel has ever faced.
The long-drawn battle between the far-right and religious parties and the national-liberal-left parties isn’t helping the situation. Their differences are unbridgeable, and they have lost the ability to hold dialogue with each other. The good faith is withering away among various ideological camps. Israel is exposed.
Dr Khinvraj Jangid is Associate Professor and Director, Centre for Israel Studies, Jindal School of International Affairs, OP Jindal Global University, Sonipat. He is visiting faculty at Ben-Gurion University of the Negev, Israel. Views are personal.
(Edited by Ratan Priya)