Israel On The Defensive Against Its Own Government

Israel On The Defensive Against Its Own Government

Raphael Cohen-Almagor

Netanyahu dreads jail. It is personal. It is all about him. To evade justice, Netanyahu is prepared to destroy democracy, incite and divide the country.

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The key to understand what is going on in Israel is: Netanyahu wants to evade justice. Many of the laws concern him directly. Yariv and Rotman are in the front line. They deliver. The mastermind behind them and tells them what to do is Netanyahu.

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In his early days in politics during the 1990s, Netanyahu exhibited the “qualities” that made him the King of Israel in the eyes of his supporters: ability to set ends, map situations, having no qualms reaching them, pragmatism or, more correctly, having no backbone. Master of words and manipulation, Netanyahu was behind the incitement campaign against Prime Minister Rabin that ended on 4 November 1995, with Rabin’s assassination.

In the early 2000s, Netanyahu faced Ariel Sharon, another master of manipulation, little qualms, with greater experience in politics, competing in Netanyahu’s own camp. Netanyahu was forced to move aside. He regrouped, striving to take the party from Sharon. Sharon saw what was going on. In a master stroke, he left the Likud and established Kadima, trusting that his popularity exceeded Netanyahu’s. Sharon was right.

But then Sharon suffered two strokes that brought Olmert to power. The latter’s mistakes paved the way to Netanyahu’s return to power.?2009 denotes the beginning of the Netanyahu’s era. His heydays as Netanyahu faced no real competition. He consolidated his power, crafted populism by taking control over chanks of the media, established his political agenda and took over the Likud party, ousting his rivals or buying them. But then Netanyahu faced his greatest enemy: his own personality. Power corrupts, and absolute power corrupts absolutely. Netanyahu lacks morality and backbone. With a growing sense of power, he allowed himself to do more and more things that a moral person would not consider doing. His mistakes brought him to face the law.

For years, Netanyahu said: There was nothing. There is nothing. There will be nothing. He trusted that the shields he has built around him, including the appointment of the Legal Advisor to the Government (Attorney General), would protect him. But Avichai?Mandelblit’s loyalty is first and foremost to the law. Mandelblit took his time. He did not rush. He would press charges against the prime minister if, and only if, there was ample evidence against Netanyahu. Nothing below 100% case would convince him to go ahead. Until he got his 100%. Then he decided to press charges. Netanyahu stopped saying: There was nothing. There is nothing. There will be nothing. Now it was time for action.

To protect himself, Netanyahu sought to secure 61 Knesset members that would support him in legislating the needed laws that would keep him out of jail. Netanyahu drove the country to four elections campaigns in search of Knesset majority. He failed time after time but there was too much at stake for the relentless Netanyahu to give up. He drove Smotrich, Ben-Gvir and Avi Maoz to run together. Yair Lapid, Merav Michaeli, Zehava Galon and Ahmed Tibi made tragic mistakes and Netanyahu got what he wanted: a solid coalition. The legislation blitz has started.

Many of the laws are personal. They directly concern Netanyahu. The immunity law. The presents’ law. The law to change the Supreme Court. The law to change the seniority norm in the Supreme Court. They are all designed to see that when Netanyahu will face the Supreme Court, the judges on his trial will keep him out of jail.

And then there are Netanyahu’s partners who jumped on the wagon to advance their own aims. In the first three months of the Knesset, 2,910 private law proposals were tabled together with 27 government law proposals. Five more legislative proposals were tabled by the Knesset committees.[1] Those proposals politicise procedures, are self-serving, theocratic, discriminatory and on the verge of science fiction due to their blunt hutzpah, lack of judgement, lack of research, and their anti-democratic character. Due to lack of space, I will not review all of them. I want to highlight some of the most problematic proposals.

Corrupt Laws

Prime Minister immunity: The prime minister can be declared unfit to perform his/her role only due to physical or mental incapacity. Criminal charges or criminal convictions cannot be grounds to declare the prime minister unfit. Prime Minister Netanyahu is facing several severe criminal charges against him.

Barring criminal investigations against the Prime Minister as long as he/she is serving in office.

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Ministers and deputy ministers could be barred from office due to criminal charges against them only by the Knesset, instead of the Supreme Court as is the case now.

Furthermore, the Supreme Court could not intervene in appointment of ministers. A senior minister and leader of the Shas Party, Arieh Deri, is a convicted felon who wishes to serve in the government.

Deputy Director Generals of ministries would cease to be professional appointments. Other law proposals are to enable people without appropriate qualifications to serve in governmental companies as directors and in other senior positions. Politicians will be able to appoint their loyal servants.

Public officials will be able to receive donations for legal defence and for emergency medical treatments. This proposal is tailored for Netanyahu. One of the charges against him relate to acceptance of gifts in return for favours.

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Legal Advisors of ministries will be appointed by the ministers. They will become trusted officials of the ministers in charge and report to the minister instead of reporting to the Legal Advisor to the Government.

The Legal Advisor to the Government and the State Attorney will be appointed by the government without a need for tender, as is the case now.

The Department of police investigations will be taken from the Office of the State Attorney and will be under the Minister of Justice who will be able to appoint the Head of the Department.

Laws designed to weaken the police and its independence

The Minister of Internal Police will be able to decide police policies including the investigations’ policy.

Key functions within the police will be transferred to the responsibility of The Minister of Internal Police.

Laws to provide immunity to security forces

Immunity will be given to all security people during security operations.

The Department of Police Investigations would not be able to investigate officers involved in preventing terrorism and other threats to national security.

The drafters of those short-sighted laws fail to understand that the enactment of the laws would open a flood of petitions to international courts to investigate misconduct.

Laws that undermine basic human rights

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The police could use advance photographic technology to monitor civilian activity and invade privacy.

At the same time, the MKs’ immunity laws would be expanded to prevent searching their (and their assistants’) smart phones and computers.

Discriminatory laws

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Shabac would receive authorization to monitor and act against serious criminal activity, “especially in the Arab society”.

Anti-Democratic laws

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Only persons who are directly affected by certain policy could appeal to the Supreme Court. NGOs would not be able to do so.

Civil rights organisations would be barred from documenting human rights violations, e.g. documenting soldiers who harass Palestinians in the Occupied Territories.

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Barring demonstrations near private homes of public officials.

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Three-year imprisonment to those who block roads, e.g. protestors against the government anti-democratic laws.

One-year imprisonment to three people or more who wave together enemy flags.

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Three-year imprisonment and a fine of at least 5,000 NIS for waving the Palestinian flag.

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Supporters of banning Israel would not be eligible to State prizes.

Those convicted for violating the Israeli flag or symbols would not receive national welfare.

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Theocratic laws

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Study of Torah would be equated, for the purpose of granting benefits, to serving in security forces.

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Barring flour and its products in hospitals and IDF bases during Passover.

Rabbinical courts would be able to decide on civic matters.

Rabbis would not be liable to criminal proceedings if they voice halachic opinions on any matters relating to the Torah. This, effectively, would enable rabbis to incite against whoever is considered to be “an enemy”.

Barring support to religious people who wish to become secular.

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Judicial revolution

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The number of Supreme Court justices will be raised from 15 to 18. Three new justices would be appointed by the government now, with immediate effect.

The composition of the Committee that appoints judges will be changed, giving the government the majority to decide all appointments. The Supreme Court justices who serve on the Committee would no longer have a veto power over appointments.

The Supreme Court would be able to overrule laws only in its sitting in full, with all justices present, with only unanimous vote.

The President of the Supreme Court would be appointed by the government and confirmed by the Knesset. The Seniority norm would no longer be in existence. The President does not have to be a justice of the Supreme Court.

Chair of the Elections Central Committee would not be a Justice of the Supreme Court, as is now, but would be recommended by the Speaker of the Knesset.

Laws undermining academic freedom

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Students who support violence against Israel, terror organisations or the Palestinian Authority would not be able to study and receive academic degrees.

Academic institutions that cooperate with institutions that negate Israel as a Jewish-democracy, call to investigate soldiers, support the BDS or incite against Israel would be penalised by reducing their budgets.

Universities should not allow the waving of the Palestinian flag in their midst. Academic institution that would not abide by the rules would be penalised by deducting 10% of its budget. Students and staff who wave the Palestinian flag would be suspended for six months for the first violation, and altogether if they do so again.

Academic institutions that would not fly the Israeli flag would deny government support.

Institutions whose employees support activities that negate the values of the State would be penalised financially.

Capital punishment

Automatic capital punishment to convicted terrorists.

There is no doubt that the consequences will be harsh: lack of checks and balances, reducing the judicial system, hurting minorities, discriminating against women, pushing for annexation of Area C, increasing violence against Palestinians, and making peace a remote dream. Netanyahu, Deri and other corrupt people will not be touched, serving their constituents above the law. Israel as we know it is becoming, in front of our eyes, authoritarian, corrupt and theocratic.

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This government says that if they were elected democratically, then they can do whatever they want, as if the judiciary does not count as long as it is not in accordance with their political views. They are continuously saying “The Supreme Court was not elected by the people. We were. Therefore, we have the last word”. Their understanding of democracy and justice is a mockery of the rule of law. It is most worrying to hear some lawyers speaking like this. Unlike Mandelblit, once they assumed the politicians’ role, they forgot the basic principles of law.

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Do not stand idly by. Act now, before it is too late. Evil triumph when silence prevails.

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[1] Yuval Elbashan, “This is how revolution looks like: 141 law proposals to change governance”, Ynet (25 March 2023) (Hebrew).