In a day of turbulence in the streets and halls of power, Israeli lawmakers on Monday passed sweeping legislative amendments designed to weaken the judiciary, ending a months-long campaign by the right-wing governing coalition to pit Israelis against one another with rare ferocity.
Crowds of protesters outside the Knesset, Israel’s parliament and opposition MPs inside chanted that the change would be a serious blow to the rule of law, citizens’ rights and democracy itself. Coalition members countered that the judiciary posed a threat to democracy and said they planned further steps to contain it.
The argument about the law that triggered the most mass demonstrations in the history of the country reflects a deeper division between those who want an explicitly Jewish and religious Israel and those who want to preserve a more secular, pluralistic society.
The measure stripped Israel’s Supreme Court of the power to overturn government actions and appointments it deems “unreasonable,” a practice that Prime Minister Benjamin Netanyahu’s right-wing coalition government said has effectively given the court a veto power over the will of the majority. Plans to give the government more power to select Supreme Court justices, among other things, remain on the coalition’s agenda.
“Starting today, Israel will be a little more democratic, a little more Jewish, and we’ll be able to do more in our offices.” Itamar Ben-Gvir, the national security minister told reporters. “With God’s help, this will only be the beginning.”
Opponents say that in a nation with a unicameral parliament and no written constitution, the only check over unjustified majority rule is the power of the court. They say Monday’s change removes a key obstacle for government – the most righteous, nationalist And religiously conservative in the country’s history – and could potentially be used to derail that corruption prosecution by Mr Netanyahu.
Critics of the government’s proposed overall judicial reform package fear that if implemented it could lead to an acceleration Settlement in the West Bank, with part or all of the region of that region having been annexed; restriction of the rights of non-Jews; expanding the power of rabbinic leaders; and to allow discrimination against LGBTQ people and women. Mr. Netanyahu has said that the rights of individuals will be protected, but many Israelis no longer believe him.
“Ahead of us lies a clear and imminent danger: the continuation of repressive legislation, the appointment of political judges, the trampling on of porters and the sacking of the Attorney General” who oversees the Prime Minister’s prosecution, said Benny Gantz, leader of the opposition Blue and White party.
Negotiations for a last-minute compromise continued until a few hours before the vote, but ultimately failed and the governing coalition decided to move on. The measure won final passage by a vote of 64 to 0 after all opposition members in the 120-seat Knesset were eliminated.
As protesters in Jerusalem clashed with security forces firing water cannons, many shops across the country closed in protest, Israel’s largest union threatened a general strike and, perhaps most threateningly for the government, 10,000 strikes Military reservists threatened to resignwhich could hamper some functions of the armed forces.
The demonstrators spent the night in front of Parliament; Some had traveled for five days, sleeping in tents, and marching from Tel Aviv to Jerusalem. Throughout the day, hundreds of government opponents attempted to block the roads leading to the building, including some chained together, and actually blocked the Knesset’s main entrance. Police sprayed them with water hoses and a foul-smelling liquid, arrested them and pushed them back.
Crowds of protesters tried to run through the rose garden next to the Knesset, amid screams, drumming and noise around police cordons before police turned them back. The noise was heard inside and peaked as the Prime Minister cast his vote.
“I’m here to try to stop the government from committing suicide,” said one protester, Noam Shaham, 60, an engineer. “The government is trying to take power without any checks. All we have is justice to stop them and they are trying to eliminate it.”
Some government supporters paused long enough to argue — or shout — with protesters before moving on.
In the Knesset, opposition MPs berated Defense Secretary Yoav Gallant, who had publicly expressed reservations about the decision to push the law forward, largely out of concern about the impact of the reservists’ protest on military readiness – but had voted in favor of it.
During the discussion of the numerous proposed amendments ahead of the final vote in Parliament, he repeatedly clashed with Yariv Levin, the justice minister who is credited with being the architect of the reform – despite both being from Mr Netanyahu’s Likud party.
Street demonstrations across the country continued until midnight. Officers on horseback tried to push protesters off a Tel Aviv street but were unsuccessful and some in the crowd set fire to the street. Police in Jerusalem again used water cannons against people gathered outside the Supreme Court building. Chaotic images like these dominated the newscasts all day and Monday night.
Mr Netanyahu struck a conciliatory tone in a televised address Monday night, a day after he underwent an emergency procedure to implant a pacemaker. He appealed to the military reservists not to leave the service, saying: “We have one country, one homeland, one people.”
“In the coming days, the coalition will approach the opposition to have a dialogue between us,” the prime minister added, noting that the Knesset is scheduled to take a break on Wednesday and not meet again until October. “We are ready to discuss everything immediately and during the break, and if more time is needed until the end of November.”
After months of unsuccessful negotiations for a compromise, such assurances rang hollow to his opponents.
Opposition MPs, without apparent optimism, considered their prospects of blocking the law – for example by asking the Supreme Court to overturn the very measure intended to contain the law.
After a year and a half without power, Mr Netanyahu, Israel’s longest-serving prime minister, formed a government in December with parties previously seen as marginal to the country’s politics. These include far-right nationalists who want an enlarged Israel that is explicitly a state for Jews and includes part or all of the West Bank, and ultra-Orthodox parties.
“Today we saw an unprecedented demonstration of weakness by Netanyahu,” opposition leader Yair Lapid said after the vote. “There is no prime minister in Israel. Netanyahu has become a puppet in a chain of messianic extremists.”
Mr Ben-Gvir said his party, which must rule Mr Netanyahu, would not accept a compromise on the judiciary law and called for “an enormous mandate” for the government’s proposed changes in last November’s election.
But polls have consistently shown that more Israelis oppose judicial reform than support it, and former security service leaders have advised against it.
The measure has not only caused deep divisions among Israelis, but has also angered some of Israel’s American allies, including President Biden, who has repeatedly warned against it.
“A lifelong friend of Israel, President Biden has publicly and privately expressed his views that to be lasting, major changes in a democracy must have the broadest possible consensus,” said his press secretary, Karine Jean-Pierre. said in a statement. “It is unfortunate that today’s vote took place with the lowest possible majority.”
The Israeli opposition said it will petition the Supreme Court to overturn the law, and a human rights group said it has already asked the court to intervene. The measure changes one of Israel’s basic laws, which almost seem like a constitution. Experts said the court had never overturned any element of a constitution and it was not clear if the court would look into the matter.
Another idea floated concerned President Isaac Herzog’s refusal to sign the bill into law. He had tried to mediate a compromise in the redevelopment. But Mr Herzog’s role is largely ceremonial, it’s not clear if he would agree to the plan, and some experts said they doubted the lack of his signature would have any legal significance.
Isabel Kershner reported from Jerusalem, Aaron Boxerman from London and Richard Pérez-Peña from New York. Reporting was contributed by Patrick Kingsley, Hiba Yazbek, Jonathan Rosen, Myra Noveck And Roni Rabin from Jerusalem and Gabby Sobelman from Rehovot, Israel.
