Here’s why Netanyahu’s court overhaul brought Israel to the brink
Middle East
Here’s why Netanyahu’s court overhaul brought Israel to the brink
Here’s why Netanyahu’s court overhaul brought Israel to the brink
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Protesters wave Israeli flags outside parliament in Jerusalem on Monday, part of a massive show of anger over the hard-right government’s push to overhaul the justice system.
Ahmad Gharabli/AFP via Getty Images
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Ahmad Gharabli/AFP via Getty Images
Protesters wave Israeli flags outside parliament in Jerusalem on Monday, part of a massive show of anger over the hard-right government’s push to overhaul the justice system.
Ahmad Gharabli/AFP via Getty Images
Israel is in a pivotal moment of crisis, triggered by Prime Minister Benjamin Netanyahu’s plan to weaken the independence of the country’s judicial system and make its judges more subject to political control.
Netanyahu is scheduled to speak at about 1 p.m. ET. We’ll update this story with his remarks.
Three months of protests have grown even more frenzied after Netanyahu on Sunday fired his defense minister, Yoav Gallant — the only government minister who publicly opposed the judicial overhaul. Many thousands of protesters blocked highways and burned bonfires in Tel Aviv’s main artery all night long.
On Monday, with Netanyahu’s right-wing ruling coalition in parliament preparing for a potential final vote on the legislation, protests are raging. The unrest has sparked deep security concerns — over what might happen within Israeli society, but also over potential vulnerability to Israel’s enemies.
Here’s a recap of a dynamic and consequential moment in Israel that could shape its future:
What is happening right now?
The crisis reflects a growing lack of trust in Netanyahu, leading civil society to erupt in a way never before seen.
Israel’s largest trade union called a national strike for Monday, prompting many government closures, including by Israel’s embassies in the U.S. and elsewhere. Departing flights are currently grounded. Hospitals are canceling non-urgent treatments. Universities canceled classes as well. Thousands of military reservists have been threatening to boycott duty.
On Sunday, the flashpoint was when Netanyahu ousted Gallant. Almost immediately, a Tel Aviv highway was overwhelmed when a spontaneous protest involving thousands of people erupted in the middle of the road.
“The prime minister doesn’t understand that he’s disconnected from what’s going on,” a protester named Yanai Or told NPR. “He’s not doing enough to calm the energy up. That’s very scary because it could lead to civil war or something similar.”
What would Netanyahu’s plan change?
A protest strike snarled traffic at Israel’s Ben Gurion International airport near Tel Aviv on Monday, leaving passengers waiting to hear word about their flights.
Gil Cohen-Magen/AFP via Getty Images
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A protest strike snarled traffic at Israel’s Ben Gurion International airport near Tel Aviv on Monday, leaving passengers waiting to hear word about their flights.
Gil Cohen-Magen/AFP via Getty Images
Netanyahu’s government thinks the Supreme Court is too liberal and blocks policies promoted by ultranationalist and ultra-Orthodox politicians.
Under pressure from protests, Netanyahu’s coalition already tabled the most controversial part of the plan, which would give the ruling government the power to override the Supreme Court.
The push for more control is widely seen as a preemptive step to enact a controversial legislative agenda: the government wants to pass laws prioritizing religion and nationalism. The way things stand now, the courts would likely say such laws infringe on basic rights.
Last week, the government passed a law blocking the ability of the judiciary to declare Netanyahu unfit for office, due to a conflict of interest between his own corruption trial and his attempts to interfere in the courts.
The government also wants to give itself a more direct hand in selecting the country’s judges — a process that involves a judicial selection committee. Under the proposed changes, the government would get the decisive vote over some of the justices appointed to the Supreme Court. Currently, politicians have a minority vote on the selection committee.
Critics say the plan would alter the balance of power by weakening the independence of the courts — an institution with sweeping authority in Israel.
Why is the Israeli judiciary so powerful?
Courts play a key role in deciding how people live, because Israel does not have a written constitution, and it has never established a Bill of Rights that guarantees essential rights and freedoms. Instead, the country operates according to a set of basic laws.
The courts decide a number of controversial and far-reaching issues, from Israeli settlement operations to LGBTQ freedoms and rights for Palestinian citizens, as well as ruling on issues in Israel’s occupation of the Palestinian territories.
If Israel’s courts are undermined, international courts might no longer recognize theirwar crimes cases.
Doesn’t Netanyahu face criminal court cases right now?
Yes, and it’s possible that the Supreme Court could eventually rule on them. The prime minister is on trial for three criminal cases alleging corruption. All of them have been bundled together.
Who are the protesters?
The plan to dramatically reshape the judiciary has drawn out thousands and thousands of protesters, many of them liberal middle-class and mainstream Israelis who aren’t normally involved in street demonstrations.
They say their way of life is in danger and women’s rights could suddenly be limited under the new government plan. Women have marched in red robes and white bonnets like in The Handmaid’s Tale — images that were even tweeted out by the author, Margaret Atwood.
Protesters gathered outside Israel’s parliament in Jerusalem on Monday, amid ongoing calls for a general strike against Prime Minister Benjamin Netanyahu’s plan to weaken the court system.
Hazem Bader/AFP via Getty Images
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Hazem Bader/AFP via Getty Images
Protesters gathered outside Israel’s parliament in Jerusalem on Monday, amid ongoing calls for a general strike against Prime Minister Benjamin Netanyahu’s plan to weaken the court system.
Hazem Bader/AFP via Getty Images
Protests have been going on for months now, but public anger grew more intense earlier this month, after Netanyahu called the protesters anarchists and police used stun grenades and water cannons to break up gatherings and marches.
What could happen next?
Much depends on whether lawmakers hold a final vote on the overhaul. If Netanyahu opts to halt the legislation’s most controversial actions, he could try to hold a dialogue with the opposition and reach a compromise.
But Netanyahu rejected a proposed compromise around 10 days ago, leading President Isaac Herzog to say Israel now stands at the edge of the abyss, warning of an all-out civil war.
If Israel’s parliament, the Knesset, adopts the court overhaul, the Supreme Court could move to overturn legislation that tries to limit the judiciary. That would set up a potential constitutional crisis, with two branches of government refusing to agree on what the law is.
Either way, it’s hard to see how Netanyahu’s government moves forward from this moment, as massive protests target the coalition.
Netanyahu has reportedly considered freezing the legislation, but that risks some of his hardline coalition partners quitting, toppling the government and leaving Netanyahu’s political future in question. Israelis now await Netanyahu’s decision on whether or not to move forward with the legislation — and whether Israel’s deepening rift devolves into violence.