‘A coup without tanks’: lawyers join attack on Netanyahu’s judicial reform

Plans to drastically weaken and politicise the Israeli High Court of Justice has drawn tens of thousands of protestors to the streets and sparked deep concern from opposition party leaders.

More than 10,000 people demonstrated in Tel Aviv this week against the government’s judicial reform plan, with another mass rally planned for Saturday.

The judicial reforms includes a number of significant changes, including the “override clause” which prevents the High Court from striking down Knesset legislation it deems unconstitutional.

The appointment of new High Court judges will also be changed according to the plan, altering the composition of the appointments committee so that a majority of its members are government appointed representatives. In other words, the government will be able to choose the High Court judges.

Nadav Lazare, the spokesman for the Movement for Quality Government in Israel, told Jewish News that the protests today, unlike those against Netanyahu after he was indicted for corruption, bring people from all sectors of society.

“People that weren’t in previous protests are now joining, such as the LGBTQ community. I don’t think the government can ignore it (mass protests held every week,” Lazar said.

The reforms, which will arguably be the biggest changes to Israel’s judicial system in the country’s history, are expected to already be implemented by the end of March.

The public spat between party leaders spiralled out of control this week, with one far-right lawmaker in the government calling for the arrest of Opposition Leader Yair Lapid and National Unity party leader Benny Gantz as well as former lawmakers Yair Golan and Moshe Ya’alon, all of whom have been particularly critical of the government’s plans.

Golan called for “civil disobedience,” while Gantz warned Netanyahu and the government that if they continued on they “path” they are on “you will be responsible for civil war in Israeli society. It’s time to go out en masse and demonstrate; it’s time to make the country tremble.”

Opposition leader Yair Lapid also warned of the “dangers” to Israel’s democracy, calling Netanyhau’s government a “gang of criminals.”

“This is crazy. These four should be arrested. These are the most dangerous people right now. As far as I’m concerned, it’s treason against the state, if I wasn’t clear enough,” said Religious Zionism lawmaker Zvika Fogel, a retired IDF brigadier general.

Netanyahu fired back at the accusations, saying: “We remain undeterred in the face of the rampant incitement against us,” arguing that the judicial reforms will in fact make Israel more democratic.

President Isaac Herzog issued an unusual statement amid the heated public debate, saying he vowed to “protect” values of Israel’s Declaration of Independence, while urging lawmakers to “lower the temperature.”

“I turn to you, elected officials from both ends of the political and public spectrums – show restraint and responsibility. We don’t have another country,” Herzog said on Twitter.

Gantz responded to Herzog, saying he agreed with his message, while Netanyahu spoke with the president, issuing a statement saying: “In a democratic country, one does not arrest the leaders of the opposition just as one does not call government ministers Nazis and a Jewish government the Third Reich. Neither does one call on citizens to launch a civil rebellion.”

Netanyahu referred to a banner seen at the demonstration in Tel Aviv comparing Justice Minister Yariv Levin to a Nazi, calling it “wild incitement that wasn’t condemned by opposition or mainstream media.”

Levin, who presented the judicial plan earlier this month defended the plan, saying “I am excited by the strong public support for the plan, as well as the growing numbers of jurists supporting the moves I’m leading. The time has come to restore democracy.”

However, a recent survey from Israel’s Democracy Institute found that 54% of Israelis believe that the High Court should be able to strike down Knesset legislation deemed unconstitutional, or in Israel’s case, would violate its Basic Laws. Only 35% disagreed with this.

The judicial reforms have also been widely criticised by former High Court presidents, attorney generals and prime ministers, who compared it to a coup d’état.

Former High Court President Aharon Barak, widely revered as one of the most influential judges in Israel’s history, slammed the government’s plan in interviews with Israeli TV over the weekend, calling it a “coup without tanks.”