The democratic state of Israel is in danger, former judges warn
The unprecedented criticism from Israel's civil society comes amid an expected judicial revolution that will curb the Supreme Court's ability to protect rights
More than 1,000 Israeli Air Force veterans and 78 retired judges have warned that the incoming government will “destroy” the country’s democracy and “harm” its basic values.
Elements of the government has been widely condemned for wanting to pass legislation that will prevent the Supreme Court from striking down laws deemed unconstitutional. The “override clause” will make it possible for Knesset to pass any law with a simple majority.
In recent days members of the far-right Religious Zionism party caused outrage after revealing that it seeks to change the current discrimination law, allowing doctors to refuse patients and business owners to turn away costumers if it “contradicts their religious beliefs.” It is feared this will pave the way for members of the LGBTQ community to be discriminated against.
In a letter sent to senior members of Israel’s judicial system, including Supreme Court Chief Justice Esther Hayut and Attorney General Gali Baharav-Miara, 1,197 former Air Force officers called on the gatekeepers to “stop the process of destroying democracy.
“We come from all levels of society and all over the political spectrum… but what we all have in common today is the fear that the democratic state of Israel is in danger. The State of Israel, which was established as a Jewish and democratic state, will not be able to exist as declared by the Declaration of Independence, if it gives up its identity as a liberal democracy.” Its signatories included former IDF chief of staff Dan Halutz and former Military Intelligence chief Amos Yadlin.
A total of 78 retired Israeli judges, including former Supreme Court judge Ayala Procaccia, also voiced their concern over the new government’s prospective judicial revolution, saying the “independence of the judicial system is essential to its role as a balance against the other two authorities: legislative and executive.
“Enacting moves that harm these values may fundamentally change Israel’s image and harm it not only internally but also in the eyes of the world, international institutions and the Jewish communities of the Diaspora.”
They added: “We call on the Knesset, the incoming government and the public to stop any move that could harm the rule of law, the foundations of our constitutional democratic regime and continue to respect the human and democratic values upon which the Declaration of Independence and our fundamental laws were founded.”
A number of other laws have also been criticised widely, such as allowing Shas party leader Arieh Dery to become a minister despite him being convicted of tax offences earlier this year, forcing him to resign from Knesset.
Two other trailed laws have been met with fierce criticism by top security officials.
The first law will expand incoming National Security Minister Itamar Ben-Gvir’s responsibilities, allowing him to control Border Police in the West Bank, while the second law will give Religious Zionism party leader Betzalel Smotrich unprecedented influence over the Civil Administration, a body that oversees Israel’s civil activities in the West Bank.
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