Spontaneous protests continue in Israel, sparked by dissatisfaction with judicial reform promoted by Prime Minister Benjamin Netanyahu. On March 27, Netanyahu announced that he planned to put the initiative on hold until the summer. The protesters themselves demand the complete abolition of judicial reform, which is extremely problematic for Netanyahu if he wants to stay in power. RTVI understood what the protests in Israel would entail and why Netanyahu was at an impasse.
What’s going on in Israel
On January 4, 2023, the government introduced a judicial reform that resonated widely in Israeli society. The initiative was to expand the powers of the government and parliament to pass laws and appoint judges. Under the reform, Israel’s Supreme Court, which de facto acts as a separate “checking” branch of government, will lose the right to permanently block legislative acts passed by the Knesset (parliament). Since Israel is a parliamentary republic, where the government is made up of representatives of the ruling coalition in the Knesset, this reform will lead to the government’s permissiveness in the legislative field. Another part of the reform is the expansion of the possibilities for the ruling coalition to determine the composition of the justices of the country’s Supreme Court, which can lead to an expansion of the influence of politicians on the judicial system.
Judicial reform allows the ruling coalition to pass laws without fear of being overturned by the Supreme Court, declared in an interview with RTVI, Israeli lawyer, managing partner of Kovalenko & Partners Alexei Kovalenko. “This is contrary to Israel’s democratic values. The reform will make the power of Netanyahu and the government almost absolute,” the expert believes.
Immediately after the initiative was presented to the general public in January, protests and demonstrations erupted across the country, which continue to this day. On March 27, the intensity of the protests reached a new level due to the dismissal of Defense Minister Yov Galant after he called on Benjamin Netanyahu to suspend judicial reform. Besides Yov Galant, Israeli President Yitzhak Herzog has also spoken out against Netanyahu. “In the interest of unity with the people of Israel, in the interest of the responsibility entrusted to us, I ask you to immediately stop the legislative process,” he said.
Former Defense Minister Yova Galant tried to mediate between the government and the protesters. He simultaneously urged Netanyahu to temporarily suspend the reform and asked protesters to halt demonstrations until at least April 26, which is Israel’s Independence Day. According to Yov Galant, the social disagreements caused by the reform had a detrimental effect on the security of the country and the situation in the army. “The victory of either party on the city streets or in the halls of the Knesset is an absolute loss for the State of Israel. We must set aside questions of who started and who is right, and pursue a unifying and united national process that will strengthen the State of Israel and maintain the strength of the Israel Defense Forces. declared He.
Ohad Zwigenberg / AP
The protests in Israel affected nearly every population group and every sector of the country’s economy, and the problem was particularly acute in the military, an Israeli official said in an interview with RTVI. political scientist Mikhail Pelvertt . “The Israeli army, in many ways, is made up less of conscripts and more of reservists who serve regularly. And the boycott by the reservists has actually taken on a very large scale, which can only worry the country’s military leadership,” the expert said. The Minister of Defense has been saying directly for several days that he will not be able to function in such a situation and therefore deemed it necessary to come out in favor of freezing the reform, for negotiations with the opposition, explained the expert .
Why authorities need judicial reform
Representatives of right-wing and conservative political currents in Israel have long believed that the judiciary and the Supreme Court are under the control of the left-wing, more liberal establishment. This alignment of political forces does not suit the conservatives, believes political scientist Mikhail Pellivert. Politicians want to influence the process of appointing judges, which Netanyahu has promised his coalition partners in parliament, the political scientist says. “From the beginning, this reform included several dozen mini-reforms, which affected not only the appointment of judges or the abolition of laws, but also the activities of legal advisers, ministries, the ability of politicians to appoint their relatives collaborators at various state-owned enterprises,” Pelvertt explains. “For this reason, the coalition refused to ease the reforms until the very end.” And although the ruling coalition is gradually making concessions under the pressure of popular protests , it seems to the protesters that such concessions are not enough, added the political scientist.
Another aspect that worries politicians is the desire to appoint “their own people” to the Judicial Appointments Commission. “Politicians do not have the last word in this commission today. In other words, they have the possibility of blocking the appointment, but they do not have the possibility of naming the person who interests them. Netanyahu and his coalition partners, the far-right and religious parties, want to change that,” Pelvertt said.
Finally, Netanyahu may have personal motives for reforming the justice system. Since May 2020, ongoing hearings lawsuit related to criminal investigations against the Israeli Prime Minister. Investigations against Netanyahu could lead to him being charged with accepting a bribe (article 290 of the penal code) and defrauding and undermining public trust” (article 284 of the penal code).
Netanyahu tries to correct the work of justice, which itself brings charges against him, which leads to a conflict of interest, noted Israeli lawyer Alexei Kovalenko. “The Supreme Court can declare Netanyahu incompetent, that is to say recognize that he has a conflict of interest. Such recognition would mean that Prime Minister Netanyahu has no right to perform his professional duties and be prime minister, the lawyer said. “Netanyahu wants to pass a law so that the Supreme Court cannot force Netanyahu out of his post as prime minister.
What will happen next
A week ago, Prime Minister Benjamin Netanyahu had a chance to defuse the political situation in the country, but now it’s harder to do so, says political scientist Mikhail Pelvertin. The Prime Minister could appeal to the nation, declare a freeze on the reform, which would be enough for the protesters, continues the expert. “But now the situation has gone too far, both from the protesters and from the Netanyahu coalition in parliament. The opposition and the protesters are calling for a total rejection of the reform, this goes as far as the resignation of the government,” said Pellivert.
At the same time, some far-right parties in the prime minister’s coalition are not ready for negotiations and are in favor of further reforms – for example, the Otzma Yehudit party, which has six seats in the Knesset . If Netanyahu relents on the issue of judicial reform, these parties could leave the coalition, which will lead to the loss of the majority in parliament, given that the coalition now controls 64 seats out of 120, admits Pellivert. Moreover, by the end of May 29, the government must adopt the budget for next year, which requires a complete consolidation of the parties that are part of the Netanyahu coalition. If the budget is not passed by the end of May due to contradictions among the prime minister’s supporters, the government will automatically be removed from office, the political scientist added.
On the evening of March 27, the right-wing Otzma Yehudit movement reported that the discussion on judicial reform had been postponed until the summer of 2023. This decision was made by Prime Minister Benjamin Netanyahu and the leader of the Otzma Yehudit movement, Itamar Ben-Gvir. As a concession from Netanyahu, Itamar Ben-Gvir, the Israeli Minister of National Security, will be able to create a “national guard” subordinate to the Ministry of National Security. However, this does not satisfy protesters’ demands for an outright rejection of judicial reform.
In addition to coalition disputes and opposition pressure, Netanyahu also faces mistrust from fellow Likud party members, attorney Alexei Kovalenko said. Despite Netanyahu’s desire for reform, some Likud members in the Knesset say the initiative should be put on hold as the country becomes ungovernable. The military, security services, financial and judicial sectors oppose judicial reform. “Even the prime minister’s lawyer, who is defending Netanyahu’s interests in the trial (which is being brought against him on the basis of corruption), said he would not defend Netanyahu’s interests in the criminal process if he did not suspend reform,” Kovalenko said. explain. Netanyahu wants to announce a suspension of the initiative so that “the people calm down for a while, after which it will be possible to resume the realization of this reform”.
But even a temporary suspension of the reform will not stop the protests, Kovalenko believes. “At the moment the roads are blocked in the country, flights from Ben Gurion airport are no longer flying. Universities and the union join the protests. And if the union joins the rallies, then all organizations with unions , including civil servants, simply will not work. The protests will continue until the judicial reform is completely abolished, and not suspended indefinitely, “said the expert.
Ohad Zwigenberg / AP
Apparently, there are no more good options for Netanyahu. Canceling the reform is likely to lead to the collapse of the coalition, suspending the reform no longer suits the protesters and the opposition, and the continued promotion of the judicial initiative at this time risks heat up the protests. “Netanyahu is between a rock and a hard place,” says Mikhail Pelverti. The right-wing coalition has been claiming for some years that the whole root of evil is trapped in the justice system, that this is the first thing they will change, he says. If the government refuses judicial reform, it will of course be a disappointment for most forces on the right political flank, believes the political scientist.
However, according to Pellivert, the opposition also found themselves in dire straits. Protest against judicial reform is spontaneous and lacks political power or leadership from opposition parties. Thus, if the opposition enters into negotiations with Netanyahu, it risks losing the support and sympathy of the demonstrators, explained the political scientist. “It is quite possible that the only way to let off steam, regain legitimacy in the eyes of the people and maintain their positions in parliament for both sides is a new election,” summed up the expert.
