Judiciary Under Siege: How Israel's Judicial Reformation Threatens Justice and Human Rights for All

ISRAEL’S HUMAN RIGHTS RECORD AND POLITICAL INSTABILITY IN 2023

Frizia Rounak / GICJ

In recent years, Israel has been experiencing widespread protests and has been under increasing scrutiny from the international community for its human rights record. Despite the introduction of certain reforms, many continue to experience harsh restrictions on their civil and political rights. This includes restrictions on freedom of movement, restrictions on access to healthcare and education, and the use of excessive force by Israeli forces against protesters and civilians. In addition, allegations of torture, imprisonment without trial, and unfair trials for those arrested have continued. [8] This is of great concern to the international community, who put their hopes on the subsequent Israeli governments to take steps to protect the human rights of all its citizens. However, the trend of lawlessness and corruption appears to follow the country into 2023, especially with the introduction of a judicial reformation that may lead to greater human rights violations in the country.

In December 2022, Benjamin Netanyahu was re-elected as Israel’s Prime Minister. However, his comeback to power and the stability of his governing coalition rely on the support and cooperation of right-wing extremist groups and leaders, which suggests that 2023 could bring further conflict that could disrupt Israel’s political and economic stability. The recent formation of the new government in Israel has led to a decision that is likely to have a long-term and far-reaching impact on human rights in the country. The decision to overhaul the judiciary is seen by many as an attempt to consolidate power in the hands of the ruling party. This move has been widely condemned by human rights activists, as it may lead to the erosion of the rule of law in the country and have many other consequences.

IMPACT ON THE HUMAN RIGHTS OF ISRAEL’S CITIZENS

On the 4th of January 2023, Justice Minister Yariv Levin announced a plan to overhaul the judiciary system of Israel. Levin's proposed modifications aim to fundamentally transform the Israeli judicial system, granting the government complete authority over selecting judges and significantly reducing the High Court of Justice's power to invalidate laws. Further, the Knesset (the Israeli Parliament) would be imbued with the power to resuscitate laws that the court previously annulled with just a simple majority vote of 61 out of its 120 Knesset members. This would essentially strip the Supreme Court of its oversight and power to review and strike down laws, thus weakening the protection of human rights and civil liberties in the country. [1] The plan could potentially undermine the country's democracy by granting absolute power to the most rightwing coalition in the country's history.

In a legal opinion, the Attorney General of Israel, Gali Baharav-Miara, warned Benjamin Netanyahu that as a Prime Minister, he must avoid involvement in initiatives related to the legal system, including directing others to advance the judicial reformation, due to his ongoing trial for fraud, breach of trust, and accepting bribes in a series of scandals. The letter also stated that the planned overhaul of the legal system would benefit Netanyahu in terms of the administration of his trial and would allow the governing coalition to easily pass legislation that could assist him. Despite the charges against him, Netanyahu denies any wrongdoing. [5]

Baharav-Miara has also raised concerns about the Israeli government's plans to extensively change the legal and judicial system, as they would grant the government nearly unrestricted power and lack any safeguards for individual rights or the democratic character of the country. In a legal advisory to Justice Minister Yariv Levin, Baharav-Miara wrote that “every one of the proposed arrangements raises substantial problems that go to the root of the principle of the separation of powers, judicial independence and the professionalism of the judicial branch, protection of the rights of the individual, the rule of law, and the preservation of proper governance”. If these proposals were to be adopted, the executive and legislative branches would have broad and virtually unlimited authority, with no checks and balances in place to prevent legislation misuse or harm to Israel’s core characteristics as a Jewish and democratic state. It is evident that Levin's legislation does not address any restrictions on the executive and legislative branches, but instead reduces the judiciary’s role in reviewing them. [6]

With such measures as reducing the power of the Supreme Court, this judicial reformation is seen by many within and outside of Israel as a step backwards, not just in legal reforms, but also in the development of human rights protection. Combined with the current government the changes could lead to a significant decrease in the protection of the human rights of Palestinians and Israelis, plaguing the nation with a greater level of corruption than ever before. It is therefore essential for the international community to demand that the Israeli government re-evaluate its decision to overhaul the judiciary and ensure that the protection of human rights remains a priority.

EXPERTS RAISE CONCERNS ON HUMAN RIGHTS DETERIORATION

Israel's proposed judicial overhaul plan has been a source of controversy and debate for many in the country. Proponents of the plan argue that it will make the judicial system more efficient, while critics argue that it will further limit the rights of Israelis by diminishing the power of the Supreme Court. As a result, the potential implications of the plan for the human rights of Israeli citizens are far-reaching and require careful consideration. Opposition leader Yair Lapid has termed it “not legal reform” but “radical regime change”, while former Supreme Court president Aharon Barak likened the proposals to “poison pills” that will turn the country into a “hollow democracy” and leave citizens with no defence against the removal of their rights. [1] Furthermore, polls by the Israel Democracy Institute found that a majority of respondents believe the Supreme Court should have the power to strike down laws that conflict with Israel's Basic Laws, which serve as a sort of constitution. [7] Despite the potential for negative effects on the human rights of its citizens, Prime Minister Benjamin Netanyahu has vowed to “implement reforms that will ensure the proper balance between the three branches of government”. [3]

The government's plan has been met with criticism from opposition groups and civil society organisations, who have organised protests against the proposed overhaul. Israeli Supreme Court President Esther Hayut has also warned that the plan is aimed at "crushing" the independent judiciary and, if implemented, will "deal a fatal blow" to the country's democracy. [2] Progressive Jewish and Arab leaders have foreseen that the imminent laws might unleash a barrage of unjust treatment against minorities and abridge the right to free expression, all while greasing the wheels for the full annexation of the West Bank, currently under occupation. Moreover, the implementation of the plan poses a substantial threat to the fundamental right of citizens to express dissent through protest and may exacerbate the already fragile political representation of marginalised communities. [4] Additionally, it threatens to enhance the political and governmental sway in the judicial appointment process, potentially compromising the independence and impartiality of the court. As such, the proposed judicial overhaul is a cause for great concern among Israeli citizens regarding their human rights.

Geneva International Centre for Justice (GICJ) is deeply concerned by the decision to overhaul Israel's judiciary without the participation or agreement of the general public. This move is believed to be a deliberate attempt to benefit right-wing extremist groups, leaders, and politicians and has the potential to undermine the fundamental principles of democratic stability in Israel. It poses a threat to the rights of Israelis, and could potentially give excessive power to the aforementioned groups and politicians. GICJ strongly urges the Israeli government to reconsider this "judicial reformation" as it could cause more harm than good and to develop alternative and comprehensive plans to enhance the justice system and safeguard the human rights and right to justice of all citizens. Furthermore, we call on the international community to express their concerns about this matter and assist Israel and its people in preserving the integrity and democratic character of the country.

Keywords : Israel, judicial overhaul, judicial reformation, human rights, right to justice, discrimination, minorities, democracy, rule of law, right-wing extremists, human rights activists, human rights violations

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