Israel’s governing coalition is pushing forward with its highly debated plan to reform the country’s judiciary, despite facing mounting opposition from within the military and an upcoming wave of mass protests. Parliament is currently preparing a bill that seeks to limit judicial oversight on certain government decisions, a move that has received strong criticism from military reservists in elite units, including the air force and cyber warfare divisions.
The opposition from military reservists has been so significant that many have vowed not to fulfill their duty if the overhaul proceeds. These reservists, comprising a fundamental part of Israel’s predominantly compulsory military service, played a crucial role in compelling Prime Minister Benjamin Netanyahu to temporarily halt the overhaul earlier this year.
In response to the imminent legislation, a major protest movement is planning a “day of disruption” on Tuesday. In past demonstrations, such mass protests have caused extensive traffic disruptions, impacted operations at Israel’s main international airport, and led to clashes between demonstrators and law enforcement.
The proposed judicial overhaul, championed by Netanyahu’s nationalist and religious government, has deeply divided Israel and triggered one of the country’s most significant domestic crises. It has even raised concerns among its most important ally, the United States. In March, faced with massive protests, labor strikes, and the pledges of military reservists to abstain from duty, Netanyahu momentarily halted the overhaul. However, as the government resumes legislating the plan, similar pressures are resurfacing.
The government argues that the reform aims to curb what it perceives as an overly interventionist judicial system and seeks to restore power to elected officials. However, critics contend that the proposal would disrupt Israel’s delicate system of checks and balances, potentially paving the way towards autocracy. They also argue that Netanyahu possesses a conflict of interest, with allegations that he is attempting to reshape the justice system while being on trial for corruption charges.
Defending the ongoing legislation during a Cabinet meeting on Monday, Netanyahu, who was recently discharged from the hospital, criticized the opposition coming from within the military. He affirmed that in a democracy, the military should be subordinate to the elected government, not the reverse. He labeled any insubordination as contrary to democracy and the law.
Earlier this year, an increasing wave of criticism from within the military led the country’s defense minister, Yoav Gallant, to oppose the overhaul. Netanyahu’s decision to dismiss Gallant resulted in mass protests that eventually forced the Israeli leader to freeze the proposed changes and reinstate Gallant.
Despite unsuccessful attempts to find a compromise with opposition political parties, the government is forging ahead with the plan. The advancement of the legislation also ignores warnings from various sectors of Israeli society. Critics claim that the overhaul could harm the country’s economy, military capabilities, and jeopardize its delicate social fabric. The unveiling of the plan contributed to a decline in the value of Israel’s currency, the shekel, this year.
The proposed legislation seeks to remove the “reasonability standard,” which allows the court to review significant government decisions to safeguard against improper appointments and potential corruption. This standard was employed by the Supreme Court earlier this year to reject the appointment of a Netanyahu ally as interior minister due to a previous bribery conviction and a plea deal for tax evasion in 2021.
The government argues that the “reasonability standard” is arbitrary and frequently exploited by the courts to annul decisions made by elected officials. However, critics contend that its removal could enable the government to appoint unqualified individuals to crucial positions without any oversight. Moreover, they highlight concerns that it could potentially lead to the dismissal of the current attorney general, who is seen as a barrier against the overhaul, or the appointment of legal officials who might facilitate Netanyahu’s potential escape from the corruption charges he is currently facing in an ongoing trial.
Israel’s proposed overhaul of the judicial system has generated significant opposition and sparked mass protests. While the government argues that the plan aims to restore power to elected officials and address perceived issues with the judiciary, critics claim that it threatens the country’s system of checks and balances. The debate surrounding this contentious legislation is far from over, and its outcomes have the potential to shape Israel’s political landscape for years to come.
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