Protesters in Israel are expected to continue demonstrations this week after the Israeli government under Prime Minister Benjamin Netanyahu pushed ahead Monday (July 17) with its plan to overhaul the country's judiciary system despite growing dissent from several units of the Israel Defense Forces (IDF).
A Knesset parliamentary committee was preparing a bill endorsed by Netanyahu's nationalist and religious coalition government that would limit judicial oversight on some government decisions, legislation which sparked intensifying criticism from military reservists in elite units, including air force and cyberwarfare personnel, the Washington Times reported.
In response to the legislation, which would be expected to go before a final parliamentary vote next week, a large protest movement is expected to stage a "day of disruption" on Tuesday (July 18). Previous protests like these caused traffic congestion, caused delays at Israel's main international airport and descended into clashes and riots between the demonstrators and police.
Raging Against the Judiciary's 'Reasonableness' Standard
Israeli society is deeply divided regarding the judicial overhaul bill and doors by Netanyahu and his government.
The government says the plan to revamp the justice system was meant to rein in what it sees as an overly interventionist judicial system and restore power to elected officials. However, critics say the plan would upend Israel's delicate system of checks and balances and push the country into autocracy. They also explained that Netanyahu has a conflict of interest on the matter as he is currently on trial for corruption charges.
Netanyahu was recently taken to hospital for a suspected dizzy spell. After he was discharged Monday, he spoke at a meeting with his cabinet and defended the overhaul and the bill concerning the move, which would prevent Israel's courts from scrutinizing the "reasonability" of decisions made by elected officials.
The "reasonability standard" allowed Israeli courts to review key government decisions to protect against improper appointments and potential corruption. The Supreme Court of Israel used the clause to reject a Netanyahu ally's appointment as interior minister because of a past conviction for bribery, as well as a 2021 plea deal for tax evasion.
Critics said removing the standard would allow the government to appoint unqualified cronies to important positions without oversight. They added the removal of the standard would allow Netanyahu to fire the current attorney general for allegedly opposing the government plan.
Netanyahu's Motives
According to a Jewish News Syndicate (JNS) report, The legislation passed its Knessetreading last week and is expected to pass its second and third readings in the coming weeks.
Bar Ilan University and the University of San Diego law professor Avi Bell told JNS the court's current ability to dismiss the Knesset's legal proposals was not anchored in law but was "fabricated by the court, under rules that the court has never fully articulated and that have clearly changed from time to time.
"With the high court and official legal establishment acting in open contempt of the elected legislature and executive, and in open rebellion against any attempt to return legal limits to their power, Israel is already in a constitutional crisis," he added. "One can only hope they will come to their senses."
On the other hand, Moran Kandelshtein from the Israel Democracy Institute's Center for Democratic Values and Institutions believed the government's restriction of the judiciary was restricting the reasonableness doctrine would bring Israel closer to the brink of constitutional chaos, She added the proposed amendments would strengthen the power of the government and weaken the power of the gatekeepers while undermining the principle of checks and balances.
She added if the amendment was passed, the court would "[neither] be able to disqualify inappropriate appointments, annul decisions regarding the removal of gatekeepers, nor will it be able to interfere in the decisions of caretaker governments to act contrary to the duty of restraint imposed by a court ruling."
Military Dissent After Yoav Gallant's Dismissal
Criticism from the IDF's ranks snowballed after Netanyahu dismissed the country's defense minister Yoav Gallant, who opposed the judicial overhaul. His dismissal sparked the mass protests which forced the Israeli leader to freeze the legal charges and reinstate Gallant.
According to local media, many IDF personnel, most of whom are reservist officers and personnel in key positions, units, professions, and technical backgrounds, have warned through signed letters they would not show up for duty if the overhaul moves ahead. IDF reservists, who make up the backbone of the country's military manpower, were vital in forcing Netanyahu to pause the overhaul plan last March.
Also in that cabinet meeting, Netanyahu criticized the military's recent threats of insubordination.
"In a democracy, the military is subordinate to the elected government and not the other way around," he said. "Insubordination is contrary to democracy and contrary to the law."
This time around, after failed talks to find a compromise with opposition political parties regarding the judicial overhaul bill, the government is doubling down with the continuation of its plan. This decision came despite warnings from across Israeli society that the overhaul would hurt the country's economy and its military capabilities, as well as tear apart its delicate social fabric. The turmoil was exacerbated by the recent devaluing of the shekel, Israel's currency.
Related Article: Israeli Protesters Stage 'Day of Disruption,' Clash With Police Over Benjamin Netanyahu's Controversial Judicial Overhaul
