Summary

Protests drawing more than 100,000 people have taken place across Israel for five consecutive weeks against Prime Minister Benjamin Netanyahu’s proposed overhaul of the judicial system. The proposed “reforms” include giving the Knesset (Israel’s parliament) the power to override Supreme Court decisions with a simple majority, changing how judges are appointed to give the government effective control, and preventing the Supreme Court from using a “reasonability” standard to judge the legality of government decisions. The proposed reforms would also allow government ministers to appoint their own legal advisers, whose legal opinions often act as pseudo-law, restricting the actions the government may take.

Meanwhile, in early February, the Israeli Security Cabinet retroactively legalized nine illegal settlement outposts in the occupied West Bank and announcing the building of 10,000 additional housing units on Palestinian land. The announcement drew condemnation from the Biden Administration but has not resulted in any action.

Proposed Court “Reforms”

The proposed court “reforms” in Israel are centered on three key changes that have garnered criticism.

1. The first change would allow the Knesset to overrule any decision made by the Supreme Court with the support of 61 lawmakers out of the 120-member parliament. This has raised concerns about the potential for the government to exert excessive influence over the judiciary and undermine the rule of law.
2. The second proposed change pertains to the appointment of judges to the Israeli court system. Currently, a nine-person committee consisting of three Supreme Court judges, two representatives of the Bar Association, two government ministers, and two members of the Parliament appoints judges. However, this proposed clause would shift the balance of power by giving the representatives and appointees of the government an automatic majority on the committee, effectively enabling the government to handpick the judges.
3. The third change relates to legal advisers and reasonability. This clause would dilute the authority of the Attorney General, who is independent of the government, and grant ministers more control over the appointment and oversight of legal advisers within their respective ministries. Currently, legal advisor briefs serve as a pseudo-law in Israel, as they are cited by the courts when making decisions. However, if ministers are allowed to appoint their own legal advisers, they may be able to direct the legal briefs that then serve as a proxy for the law.

Why The “Reforms” Are Controversial

In contrast to the majority of other nations, Israel lacks a formal written constitution, and its parliamentary system comprises only one chamber, a mostly symbolic president, and no federal or geographical constituency-based governance. Consequently, Israel’s judiciary is the sole check on governmental power, and its interpretation of Israel’s “Basic Laws,” a set of laws developed gradually since 1949, acts as a de facto constitution. Critics argue that the proposed reforms would allow the government to undertake any action violating the established Basic Laws without fear of judicial oversight.

Recent Actions on Settlements

On February 13, 2023, the Israeli Security Cabinet retroactively legalized nine illegal settlement outposts in the occupied West Bank and announcing the building of 10,000 additional housing units on Palestinian land. The announcement is the largest plan of additional settlements ever.

The Biden Administration criticized the new Israeli plans to build thousands of homes for Jewish settlers in the West Bank. John Kirby, the National Security Council coordinator, also said his team was “deeply concerned” regarding the settlement decision in Israel, during a White House press briefing on Monday afternoon. However, there was no indication provided that the Biden Administration planned to take any action in response to the announcement.

Settlements Under International Law

According to international humanitarian law, Israel’s practice of settling its citizens in Palestinian territory is illegal and violates Article 49 of the Fourth Geneva Convention. This article prohibits the deportation or transfer of an occupying power’s civilian population into the territory it occupies and also bans the individual or mass forcible transfers and deportations of protected persons from the occupied territory.

Since 1967, Israel has built tens of thousands of homes for settlers on Palestinian land while demolishing around 50,000 Palestinian homes and other structures. Amnesty International reports that the Israeli authorities have established a discriminatory urban planning and zoning system to enforce this practice. In Area C, where most settlement construction occurs, Israel has allotted 70% of the land to settlements and only 1% to Palestinians. In East Jerusalem, Israel has taken over 35% of the city for settlement construction while restricting Palestinians to only 13% of the land.

Conclusion and Additional Reading

Israel’s proposed reforms to weaken the Supreme Court and give the government more control over the judiciary have sparked controversy and protests across the country. The reforms, which include allowing the government to overrule Supreme Court decisions, changing the appointment process for judges, and giving ministers more control over legal advisers, have raised concerns about the potential for government interference in the rule of law. Meanwhile, the Israeli Security Cabinet’s recent decision to legalize nine illegal settlement outposts and build 10,000 additional housing units on Palestinian land has been criticized by the international community and the Biden Administration, but no action has been taken.

You can read more about the current events in an article by the NY Times here and the Biden Administration’s response to settlement expansion here.