Persistent Demonstrations in Israel: The Catalysts Behind the Movement

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The streets of Israel have been awash with national flags and chants for democracy amid the sound of drums and the sight of police trying to contain the crowds with water cannons and force. This has been the scenario for an uninterrupted span of seven months, as thousands of Israelis have poured onto the streets in what are possibly the most intense and protracted demonstrations the nation has ever witnessed.

Emerging from a grassroots movement, these protesters represent opposition to a controversial judicial reform put forward by Prime Minister Benjamin Netanyahu and his far-right cohorts.

The reform proposes broad modifications aimed at reducing the power of the judiciary, including restricting the Supreme Court’s capacity to contest parliamentary decisions and altering the process of judge appointments.

According to the government, these changes are necessary to curb the influence of non-elected judges. However, the protesters, comprising a diverse section of Israeli society, argue that these reforms could lead Israel down a path towards autocracy.

With a significant segment of the reform set to face a final vote early next week, protesters pledge further “days of disruption”, encouraging strikes and widespread unrest.

Here’s an examination of why, after months of the government’s efforts, the protests persist:

WHAT DOES THE REFORM ENTAIL?

The ultra-nationalist and ultra-Orthodox allies of Netanyahu assert that the proposed reform aims to return power to elected officials. Critics, however, see it as a power maneuver driven by personal and political motives of Netanyahu, who is facing corruption charges, and his associates, who wish to extend Israel’s control over the occupied West Bank and continue contentious draft exemptions for ultra-Orthodox men.

The reform includes a bill allowing a simple parliamentary majority to negate Supreme Court decisions, and another that would grant the final say on judge appointments to the parliament.

A crucial bill due for a vote on Monday seeks to prevent the Supreme Court from invalidating government decisions on the grounds of being “unreasonable”.

Supporters argue that the existing “reasonability” criterion allows judges too much power over decisions made by elected officials. Detractors, on the other hand, believe that removing this rarely-invoked criterion could facilitate arbitrary decisions, unjust appointments or dismissals, and potentially pave the way for corruption.

Protesters believe that Netanyahu and his allies aim to modify the law to install their loyalists in government positions, particularly to replace the independent Attorney General, Gali Baharav-Miara, whom supporters view as a guard against the proposed reform.

Yohanan Plesner, the president of the Jerusalem-based Israel Democracy Institute, states that these measures would “impede oversight” over capricious decisions made by elected officials, which he sees as part of a broader governmental strategy to weaken checks and balances.

However, in a recent speech, Netanyahu dismissed accusations of the reform threatening Israel’s democratic roots as groundless, calling them attempts to “mislead you over something that has no basis in reality”.

WHY DO THE PROTESTS CONTINUE?

Upon taking office in December, Netanyahu’s government promptly revealed its plans to weaken the Supreme Court, triggering protests in major cities, leading business figures to express disapproval and even spurring threats from military reservists to stop reporting for duty if the reforms were enacted.

These reactions led Netanyahu to halt the reform in March and enter discussions with opposition legislators. However, after talks collapsed last month, Netanyahu declared in June that the reforms would proceed.

Accusing Netanyahu of changing his approach but not his overarching aims, the protesters believe that the government is now advancing in a more slow and calculated manner in an effort to pacify the opposition.

Josh Drill, a representative of the protest movement, observes, “The government got smarter. They saw the fallout of trying to ram the overhaul through, and they decided instead to do it piece by piece.”

Protests have surged as the coalition has pressed forward with their attempts to enact the reform.

WHY IS THE JUDICIARY SO CRUCIAL FOR THE PROTESTERS?

Due to a relatively feeble system of checks and balances, the judiciary in Israel serves as a crucial restraint on executive power.

Unlike the U.S., where two independent congressional houses can limit presidential power, the Israeli Prime Minister and his majority coalition in parliament work collaboratively, leaving the judiciary as “the only check on governmental power”, as per constitutional law professor Amichai Cohen.

With minimal local governance and no formal constitution, most power in Israel is centralized in the parliament. The country’s “basic laws” can be amended at any time by a simple majority.

Cohen warns that, with the proposed reform, the Israeli parliament threatens to further consolidate its power by diminishing the judiciary’s role.

The reform could provide almost unchecked control to Israel’s government, whose members have advocated full annexation of the West Bank, discriminated against LGBTQ+ people and Palestinian citizens of Israel, and limited the rights of women.

“It will be a hollow democracy,” predicts Amir Fuchs from the Israel Democracy Institute.

WHAT’S NEXT?

Over the past weekend, local media reported that Israel’s Defense Minister, Yoav Gallant, unnerved by increasing military service refusals, is advocating a postponement of Monday’s vote, although it’s unclear if others will join him.

If the “reasonability” bill is passed, it would be the first substantial part of the legislation to become law.

Fuchs anticipates that the law will be challenged in the Supreme Court. The outcome could potentially spark a “constitutional crisis”.

In the meantime, the intensity of the protests, which have been shaking the country for seven months, is likely to escalate.

Frequently Asked Questions (FAQs) about Israeli protests

More about Israeli protests

• Israel Protests
• Judicial Reform in Israel
• Political Crisis in Israel
• Background on Benjamin Netanyahu
• Israel’s Judiciary System