The approval of the first Judicial Reform Law aggravates the crisis in Israel

After almost 30 weeks of protests in an Israel more divided than ever, the announcement of thousands of reservists to resign from their voluntary service, the warnings from the business community, the union and US President Joe Biden, a general strike, adverse polls, the fall in the value of the shekel and the rise in tension, the Government voted in the Knesset the first law included in its judicial reform plan. The controversial project launched in January by the ultra-conservative coalition has uncovered an identity war that fractures the country at one of its most tense moments, as was confirmed this Monday night, hours after the vote on the law, with protests in several cities and the massive blockade of the main access road to Tel Aviv that led to the most violent clashes between protesters and police in recent months.

By giving in to the most militant wing of his government in favor of limiting the power of the Supreme Court (TS), Prime Minister Benjamin Netanyahu avoids a political crisis that would have shaken the chair he has held again for seven months, but aggravates a broader and even historic one at the national, economic, social and diplomatic level with already tangible effects on the army.

“Bibi has a coalition, but she lost her people,” says the former head of internal security (Shabak), Nadav Argaman, about who was her direct boss (2016-2021) after the approval of the law that annuls the “reasonableness criterion” with which the Supreme Court could, among other instruments, intervene in decisions, appointments and dismissals of the Government.

Minutes after the vote (64 against due to the boycott of the opposition deputies who left the plenary session shouting “shame” after presenting a record of 27,676 reservations to the amendment), tens of thousands of Israelis renewed the wave of protests, especially in Tel Aviv, Jerusalem and Haifa while the Stock Exchange suffered losses and several appeals were sent to the Supreme Court to be knocked down.. The opposition promises to annul it if it returns to the Government.

“We took a necessary democratic action. Fulfilling the will of the voter is not the end of democracy, but the essence of democracy,” Netanyahu declared in a television intervention in which he pointed out that for three months they agreed to stop the legislation and offered dialogue to the opposition about the reform.

Under the shadow of the security threat posed by the announced abandonment of more than 11,000 reservists (including 550 pilots) if the law is not agreed upon and the fear that the internal fracture is irreparable, President Isaac Herzog sought a pact that would calm both the coalition's ambition to “reduce the excessive power of judges” and the equally deep fear of the opposition in the Knesset and on the street about “the loss of judicial independence “. The former senior Justice official, Raz Nizri, tried it, revealing two obstacles that frustrated the magical legal and political formula: “A deep mistrust between the parties and the fear of what their respective bases will say.”

The day began with news worthy of the dramatic times in Israel. Netanyahu left Sheba Hospital after having a pacemaker implanted in an emergency surgical procedure and headed straight for the Knesset where thousands were demonstrating on its doorsteps.. “Our sit-in is a peaceful protest against the start of the plan to end democracy,” said Ziv armed with an Israeli flag and near the park where those who completed the march on foot from Tel Aviv to Jerusalem on Saturday set up tents.

Inside Parliament, there were moments of tension before the eyes of the entire country. “Give me something!” Defense Minister Yoav Gallant asked Justice Minister Yariv Levin during the vote in an in extremis negotiation to achieve a consensus. Netanyahu, sitting between the two, opted for Levin and the more radical wing and not for Gallant worried about the damage to the cohesion and capacity of the army.. The former Defense Minister, the opposition Benny Gantz, got the impression that “the security situation is very worrying” after meeting with the head of the army, Herzi Halevi, who explained to him the regional threats and the situation in the army hit by the crisis.. In a meeting with opposition leader Yair Lapid, the head of Shabak, Ronen Bar expressed concern at the “great risk of violence and chaos in society.”

“Netanyahu is not really the prime minister, but is a hostage of Levin and Itamar Ben Gvir (controversial minister of National Security). It is the most irresponsible government in the history of Israel. He wants to dismantle democracy and the unity of the State”, accused Lapid who will challenge the law before the TS. For Levin, however, it is the “first step in the important historical process of correcting the judicial system and restoring the powers that were taken from the Government and the Knesset for many years.”. Ben Gvir, whose mere presence in the government, including his statements, provokes the anger of the protesters, calls for the advance of the remains of proposals: “It is only the beginning. With this law, the country is more democratic and Jewish.”

Biden had asked Netanyahu not to carry out the law unilaterally and due to the security challenges and threats facing Israel, warned that reforms without consensus “only widen divisions and do not reduce them.”. After the approval, the White House considered it “unfortunate” that the norm was approved “with the smallest possible majority” and urged the Israeli leadership to dialogue because “big democratic changes require consensus.”

But what is at stake in Israel is not only Levin's plan and not even the more or less reasonable text against the principle of reasonableness, but, as the two large sectors agree, the identity of the country in the sensitive balance between its Jewish and democratic character.