Israel’s government, led by Prime Minister Benjamin Netanyahu, has passed a series of controversial bills that aim to limit the power of the Supreme Court and increase the influence of the executive and legislative branches over the judiciary. The reforms have been opposed by many Israelis, who see them as a threat to democracy and the rule of law, as well as by the US administration, which has warned that they could damage the “special relationship” between the two allies.
The main components of the judicial reforms are:
- The “reasonableness” bill, which was passed on July 24, 2023, and removes the Supreme Court’s authority to cancel government decisions that it deems unreasonable or disproportionate. This would effectively prevent the court from striking down laws or policies that violate human rights, international law, or democratic principles.
- The “override” bill, which is still pending in the Knesset (parliament), and would allow a simple majority of 61 out of 120 lawmakers to override a Supreme Court ruling that nullifies a law. This would undermine the principle of judicial review and the separation of powers between the branches of government.
- The “appointment” bill, which is also pending in the Knesset, and would change the composition of the Judicial Selection Committee, which nominates judges for all levels of courts, including the Supreme Court. The bill would increase the representation of politicians and reduce that of legal professionals on the committee, giving more power to the government and its allies to influence the selection of judges.
- The “advisers” bill, which is yet to be introduced in the Knesset, and would abolish the requirement for ministers to follow the legal advice of their ministry’s legal advisers, who are guided by the attorney general. This would enable ministers to act against the law or ignore legal opinions that contradict their political agenda.
Why are people protesting?
The judicial reforms have sparked widespread protests across Israel since they were first announced in January 2023. Hundreds of thousands of people have taken to the streets every week, demanding that the government scrap the reforms and that Netanyahu resign. The protesters are supported by a broad coalition of civil society groups, opposition parties, former security officials, former chief justices, prominent lawyers, academics, artists, and business leaders.
The protesters argue that the reforms are motivated by Netanyahu’s personal interests, as he is currently on trial for alleged corruption charges, which he denies. They claim that the reforms would shield him from accountability and help him pass laws that could benefit him or his allies. They also fear that the reforms would enable the government to pursue its right-wing agenda in the occupied West Bank, such as annexing parts of it or expanding settlements, without any judicial oversight or restraint.
The protesters have also expressed solidarity with hundreds of military reservists, including air force pilots and intelligence officers, who have threatened to refuse to report for duty in protest of the reforms. The reservists say that they cannot serve a government that undermines democracy and jeopardizes national security. They warn that the reforms could weaken Israel’s deterrence against its enemies and embolden them to exploit its domestic turmoil.
How has the US reacted?
The US administration has taken an unusual step of publicly expressing its concerns over Israel’s judicial reforms and urging Netanyahu to reconsider them. President Joe Biden has called Netanyahu several times since January 2023 to discuss the issue and convey his “deep disappointment” and “grave alarm”. He has also sent his Secretary of State Antony Blinken and his National Security Adviser Jake Sullivan to Israel to meet with Netanyahu and other officials and convey a similar message.
The US administration has argued that Israel’s judicial reforms could endanger its democratic foundations and erode its international reputation and legitimacy. It has also warned that the reforms could harm the “special relationship” between the US and Israel, which is based on shared values and interests. The US administration has stressed that it remains committed to Israel’s security and well-being, but expects it to uphold its democratic principles and respect human rights.
The US administration has also expressed its support for a two-state solution to the Israeli-Palestinian conflict and urged Israel to refrain from any unilateral actions in the West Bank that could undermine it. It has called on Israel to resume dialogue with the Palestinian Authority (PA), which has been struggling to maintain control over parts of the West Bank amid growing unrest and violence. The US administration has offered to facilitate confidence-building measures between Israel and the PA, such as economic cooperation, security coordination, and humanitarian assistance.
