THE DAMAGING IMPACT OF THE DEMONSTRATIONS IN ISRAEL. Chaos domestically, blackening Israel’s image abroad, and weakening its security.
March 31, 2023
By: Joseph Puder
The ongoing demonstrations in Israel against the Judicial Reforms are not about undermining Israel’s High Court of Justice, or democracy. They are about politics and money seeking to bring down this democratically elected right-of-center coalition government. These demonstrations have created chaos domestically, and it has blackened Israel’s image abroad. The protests have hurt the Israel economy, with money flowing out of the country, and potential investments in Israel being reconsidered. Mostly, however, it has put Israel’s security at risk.
The anti-Bibi (Netanyahu) forces in the left-center opposition in the Knesset, have not reconciled themselves to being defeated in the last election cycle last November. Yair Lapid, the opposition leader who served as Prime Minister for less than six months, developed an appetite for power, believing that he can do just as good a job as Benjamin Netanyahu. The people of Israel voted otherwise, indicating that Netanyahu was still the most experienced and qualified Prime Minister. Of course, the likes of Yair Lapid, Gideon Saar, Avigdor Lieberman, etc. (a cast of “just not Bibi”), have an unforgiving grudge against Netanyahu for a variety of reasons, not the least being that they wanted to succeed him. Benny Gantz, the former Defense Minister, is perhaps the only one who was wronged by Netanyahu. Yet he is the one who was willing to join Netanyahu in 2020, to form a coalition government for the sake of country. He deserves credit for that.
The cries domestically, and among voices abroad about the “right-wing government destroying Israel’s democracy” are sheer rubbish. The judicial reforms are meant to enhance Israel’s democracy by introducing diversity into the current activist court rather than perpetuating its exclusive system of choosing judges. The current justices, who lean leftward politically, have enjoyed a “members only” club. That is, a justice bringing a like-minded friend. Since justices and the lawyers association have an overriding majority in the selection committee for the High Court (the American equivalent is the Supreme Court), the Court doesn’t reflect Israel’s diverse communities. Yes, there is an Arab Justice on the High Court, but not Sephardic or haredi Jews. The Reform seeks to have the Knesset Members increase their representation in the selection committee for justices. That would actually bring Israel MORE in line with America where the legislators (Senate) vote on the Supreme Court nominees. Why not in Israel? What is undemocratic about that?
In the USA, the Attorney General is nominated by the President. In Israel, however, the office is called Judicial Advisor, and he or she is independent and can tell the government to dump certain laws. The Reform seeks to have the Judicial Advisor make recommendations to the government, and not dictate the permissibility of certain laws. The current Judicial Advisor (Attorney General) Gali Bahara-Miara has decreed that Prime Minister Netanyahu could not be involved in the policy-making of the judicial overhaul.
The High Court justices have involved themselves in basic laws (Israel's alternative to a constitution) and have adopted an 'unconstitutional' measure called “reasonableness,” which is a totally arbitrary ruling. The Judicial Reform wants to abolish that. Justice Minister Yariv Levin, who is spearheading the Judicial Reform pointed out that “We go to the polls, vote, and time after time, people we did not elect decide for us.” In an interview with CNN’s Jake Tapper, Netanyahu stated: “I haven’t changed my view. I think we need a strong, independent judiciary. But an independent judiciary doesn’t mean an unbridled judiciary, which is what happened here, I mean, over the past 25 years.”
The mainstream media in the US and Western Europe have wrongly decreed that Netanyahu’s coalition government is undermining Israel’s democracy. In their “woke” cultural and political milieu, these mainstream media elitists want to be the arbiters of what constitutes democracy and human rights, in their universalist, anti-nationalist, and anti-religious weltanschauung (view of the world). And yet, Israel’s democracy is as sound as any if not more, and given its security constraints, it is a more exemplary democracy than most. The Judicial reforms that virtually every Israeli government in the last 25-years sought to enact is now suddenly “undemocratic” because it is done by a right-of-center coalition.
Ironically perhaps, Yair Lapid, who joined the protesters and incited them, issued a statement last Sunday, stating that, “We’ve never been closer to falling apart. Our national security is at risk, our economy is crumbling, our foreign relations are at their lowest point ever…” For once Lapid is right, the damage to Israel because of the protests is severe, but he has had a hand in creating this situation.
Nasrallah, Hezbollah’s chief, is already predicting Israel’s demise. He is delighted with the discord afflicting the Jewish state. This uncertain situation can only encourage Israel’s enemies to launch attacks as they perceive a weakened Israel. Reservists, including pilots declaring that they won’t register for their reserve duty is unprecedented in Israel. Yes, after the first Lebanon War, many reservists protested but they did their reserve duties. In this alarming development, Iran might see it as an opportunity to strike, as Hamas and Palestinian Islamic Jihad (PIJ) are already testing Israel by lobbing rockets and mortar fire at Israeli communities in the Negev. The chaos brought on by the protests is lowering the morale in the army, albeit most of the elite units are still steadfast in their readiness for combat.
The countries that signed the Abraham Accords with Israel, may now think twice about Israel being a solid ally considering the fissures they see in Israeli society. While some high-tech companies have moved their money out of the country, Israel's credit rating is still solid and its trade with the UAE is strong and rising. However, should the protests and the chaos continue, it would have a devastating impact on Israel’s economy. If these Gulf Arab states view Israel’s national security weakening, they will be hedging their bets by moving to compromise with and appease their arch enemy Iran. The Saudis recently did just that, perceiving Joe Biden's weakness towards Riyadh.
On Saturday (March 25, 2023), Defense Minister Gallant, in a dramatic declaration, called on Netanyahu to halt the Judicial overhaul long enough to engage in negotiations with the other side to reach a compromise. The following day he was fired by Netanyahu, which led to spontaneous demonstrations throughout Israel. On Monday (March 27, 2023) PM Netanyahu announced a halt to the Judicial Reform legislation.
While the Judicial Reform is necessary, the breaking apart of Israeli society is unnecessary, and former General Yoav Gallant, a brave soldier and patriot is right; compromise through negotiations between the Coalition and Opposition leaders is critical. Preventing an irreparable split in the nation is the ultimate priority.