Explained: Thousands protest in Israel against new government’s proposed legal reforms

Thousands of Israeli people took to the streets in Tel Aviv, late Saturday, in protest against the new government’s policies which is now ledby the country’s Prime Minister Benjamin Netanyahu. This comes daysafter his administration’s Justice Minister Yariv Levin unveiled his plans to overhaul the country’s judicial system, which opponents and critics say threaten democracy and freedom.

What is the legal reform plan about?

On Wednesday, the country’s justice minister announced the new government’s long-promised overhaul of the judicial system which is also supposedly directed toward weakening the Israeli Supreme court. Additionally, critics have said that it will affect the checks and balances as well as undermine democratic institutions by giving absolute power to the ruling party coalition, reported Associated Press.

Add WION as a Preferred Source

The legal reforms would also limit the power and authority of the High Court of Justice to block legislation or government decisions which would otherwise be deemed discriminatory or undemocratic. However, it is the feature of the plan which has garnered controversy and it is the Override Clause which would simply allow a majority of the Members of Knesset (MK) to overrule decisions by the High Court.

ALSO READ |Israel government lays out sweeping court reform plan, setting up showdown with the judiciary

Additionally, the government will also gain control over the selection process of judges and reportedly eliminate ministry legal advisers who are appointed by and report to the attorney general into political appointments controlled entirely by the government. Currently, the Judicial Appointments Committee includes lawmakers, from both the government and the opposition, and judges and representatives from the Israel Bar Association.

Furthermore, given that Israel does not have a written constitution, the separation of powers between the legislative and executive branches of government remainweak since the ruling government typically holds a majority in the Parliament.

ALSO WATCH |WION Dispatch: Israel's most right-wing coalition: Netanyahu to form new government

This makes the Supreme Court the only institution to limit the government’s power and by challenging legislation passed by a parliamentary majority, the proposed reform would remove this roadblock for the Netanyahu government. Notably, the court cannot arbitrarily dismiss legislation passed by the parliament unless they hinder one of the Basic Laws of Israel.

Netanyahu government

The Netanyahu government is said to be the most right-wing and religiously conservative in Israel’s over seven-decade history. It recently came under fire after its National Security Minister Itamar Ben-Gvir visited the disputed holy site in Jerusalem, Al-Aqsa mosque which drew widespread condemnation.

ALSO READ |Explained: Why has Israeli minister Ben-Gvir’s visit to Al-Aqsa mosque sparked outrage?

Additionally, prior to the government’s swearing-in, the coalition agreements called for legislation that would allow service providers to refuse service on the grounds of religious beliefs which many say would be legalising discrimination against the LGBTQ+ community and other targeted sections in Israel.

This comes after the incumbent PM Netanyahu won the elections in November and took office last month with his right-wing allies who now hold key ministerial positions in the Israeli government.

What happened at the protests?

The protest was reportedly led by some lawmakers from Israeli parliament, the Knesset, where the local media report citing organisers said that over 10,000 protesters gathered for the rally in Tel Aviv’s Habima Square. According to media reports, protesters waved Israel and LGBTQ+ pride flags and some were seen with a Palestinian flag with placards that read, “The settler government is against me” and “Democracy in danger” and even a banner that read “crime minister”.

ALSO WATCH |Israel's most right-wing coalition and its many challenges

The demonstrators affiliated withStanding Together group and other organisations marched toward the Tel Aviv Museum of Art and held a rally there where leaders gave speeches while others carried out a torchlight march through the city streets, reported the Times of Israel. Meanwhile, others also called for peace and co-existence between Jews and Arab residents of the country.

Several prominent activist groups in the country even warned the government that these reforms would not be passed without unprecedented civil resistance. “This evening, friends, we have built a new democratic camp,” said the CEOs of an NGO, Breaking the Silence, Yael Lotan and Avner Gvaryahu, addressing the protestors on Saturday.

They added, “One that includes Jews and Arabs, men and women, straight people and LGBTQ people, secular and religious, united against one evil government and for the sake of a better future in this place,” reported the local media.

ALSO WATCH |New Israeli government approve steps to penalise Palestinians

“Extremists and dangerous actors in the newly established government are already planning how to hurt all of us,” said an activist from NGO Standing Together, reported by the Jerusalem Post.

They added, “How to deepen racial discrimination against Arab citizens, how to cut social budgets, how to discriminate based on gender. We won’t sit home and hold hands and give in to despair and frustration. Where there is struggle, there is also hope. And we will go out and struggle for our home.”

Meanwhile, one of the activist groups called the Black Flag movement which reportedly organised Saturday’s protests called this reform plan a “coup d’état” which will encounter a nation of Israel which is “determined to guard our democracy and will fail.” The group has also vowed to continue the protests next Saturday and said, “Today we are starting the most important journey: A preventative strike against dictatorship.”

The protests on January 7were followed by a rally held by activists from the Darkenu civil society movement, outside Levin’s house on Friday. The group reportedly claims that the High Court served as a “flak jacket” to protect Israel Defense Forces (IDF) soldiers from being brought to the International Criminal Court.

ALSO READ |Israel slams latest UN vote on Palestine as ‘moral decay’ of the multilateral world body

“The Override Clause and Levin’s moves to weaken the justice system would hurt IDF soldiers, and hurting our soldiers is a red line,” said the group’s CEO and former member of Knesset Rachel Azaria, reported the Jerusalem Post.

The protests on Saturday witnessed the attendance of a number of MKs including Merav Michaeli and Gilad Kariv from the opposition Labor party, Aymen Odeh, chair of the predominantly Arab Hadash-Ta’al alliance, and former vice PM Tzipi Livni who expressed their support for the protesters.

“What energies in the square! Together with thousands of amazing demonstrators we went out to demonstrate and shout in a clear voice - our country cannot be destroyed!” said the Labour party chairperson, Michaeli on Twitter. She added, “We will continue to fight for our democracy.”

Israeli former supreme court president’s grim warning

Former Supreme Court president, Aharon Barak, who is also Israel’s most revered jurist, in multiple TV interviews on Saturday urged the justice minister to review these sweeping reforms. According to a report by Times of Israel, in a grim warning, he said that the proposed plans to overhaul the country’s judicial system will give all the power to the PM, leave citizens with no defence against violation of any and all of their rights, and mark the beginning of the end of the modern state of Israel as we know it.

ALSO WATCH |UNSC stresses on Al-Aqsa status quo; Israel, Palestine envoy trade barbs at UN meet

“If putting me to death would put an end to this drastic shake-up…I’d be prepared to go before a firing squad,” he said in the context of his stance and verdicts as a justice from between 1978 and 2006 and the SC president for 11 years. Speaking about his time as a justice the 86-year-old said that he tried not to be overly activist nor overly conservative while delivering verdicts and took into account Israel’s history, Zionism and the country’s security needs and that he was sorry to be depicted as “the enemy of the people”, reported the Times of Israel.

According to the report, Barak also said that he feels like he is obligated to warn the public about the “grave danger” their rights are in and it would not matter if they are, Jew, Arab, ultra-Orthodox, or not ultra-Orthodox. Israeli democracy will be left with one branch of governance which would be the PM.

He also went on to explain that nobody will be protected from the political majority since the Knesset is powerless against the majority coalition, and Israel has no constitution, Bill of Rights, or even a second House, reported the Times of Israel. It will also affect Israel on an international level, Barak said, noting that the High Court has acted as a legal “Iron Dome” ensuring Israel’s democratic functioning, including in its treatment of the Palestinians.

ALSO WATCH |Israel's new proposals give sweeping power to the Israeli government

If the High Court is affected by Levin's plans to weaken it, “our chief of staff and government ministers will immediately be arrested when they travel overseas…The leaders of the country will be put on trial in the International Criminal Court in The Hague,” as per Times of Israel.

What has Levin said about the plans?

Subsequently, even the justice minister was also interviewed on Saturday, where he said that while he respects the former top judge, he “does not understand the essence of democracy.” Levin also dismissed the idea of establishing a committee with Barak to compromise on his proposal and said that he would discuss the plan with key members of the parliament and hope that the final legislation is “as close as possible” to the proposed one, said the media report.

ALSO READ |Christian graves vandalised in Jerusalem cemetery, Israeli cops launch probe

He also, in turn, criticised Barak and said he “fundamentally contradicted democracy…all power rests with the judges, and they decide what’s proportionate and reasonable. That’s not democratic.”

(With inputs from agencies)

WATCH WION LIVE HERE

You can now write for wionews.com and be a part of the community. Share your stories and opinions with us here.