On a tumultuous day on the streets and in the halls of government, Israeli lawmakers on Monday enacted a major change in the law aimed at weakening the judiciary, ending a months-long campaign by the right-wing ruling coalition that is pitting Israelis against one another with rarely seen ferocity.
Crowds of protesters outside the Knesset, the Israeli Parliament and opposition lawmakers inside shouted that the change was a heavy blow to the rule of law, citizens’ rights and democracy itself. Coalition members counter that it is the judiciary that is a threat to democracy and say they plan to take further steps to limit it.
The battle over the law, which pushed the most widespread protest in the country’s history, reflect deeper divisions between those who want a clearer Jewish and religious Israel, and those who want to maintain a more secular, pluralistic society.
The bill strips Israel’s Supreme Court of the power to rescind government actions and appointments it considers “unreasonable,” a practice Prime Minister Benjamin Netanyahu’s right-wing ruling coalition says effectively gives the court a veto over the will of the majority. Still on the coalition’s agenda are plans to give the government more power in selecting Supreme Court justices, among other changes.
“From today, Israel will be a little more democratic, a little more Jewish, and we will be able to do more in our office,” Itamar Ben-Gvir, the national security minister, told reporters. “With God’s help, this will be just the beginning.”
Opponents say that in a country with a unicameral Parliament and no written constitution, the power of the courts is the only check against unjust majority rule. They said the change made on Monday removed a key obstacle for the government – the most right-wing, nationalist And religious conservatives in the country’s history – and could potentially be used to derail corruption prosecution of Mr. Netanyahu.
Critics of the government’s proposed overall judicial overhaul package fear that if enacted, it could accelerate the pace West Coast Settlement Construction, with some or all of that area merged; restrict the rights of non-Jews; expanding the power of rabbinic leaders; and allow discrimination against LGBTQ people and women. Mr. Netanyahu has said that individual rights will be protected, but many Israelis no longer believe him.
Benny Gantz, leader of the opposition Blue and White party, said: “Before us is a clear and immediate danger: continuing oppressive legislation, appointing political judges, trampling on gatekeepers and firing the justice minister” who oversaw the prosecution of the prime minister.
Talks to find a last-minute compromise had been going on until hours before the vote, but in the end they failed and the ruling coalition decided to move forward. The measure won final approval by a vote of 64 to 0, after all opposition members in the 120-seat Knesset stepped out.
As protesters in Jerusalem clashed with security forces firing water cannons, businesses across the country closed in protest, Israel’s largest labor union threatened a general strike, and, perhaps most ominously for the government, 10,000 Reservists threatened to resignmay interfere with certain functions of the armed forces.
Protesters overnight outside Parliament; some set out for five days, slept in tents, and marched to Jerusalem from Tel Aviv. During the day, hundreds of anti-government protesters tried to block the roads leading to the building, some of whom chained themselves together and blocked the main entrance to the Knesset. Police officers sprayed them with water cannons and foul-smelling liquid, arresting and repelling them.
A large number of protesters tried to break through police barriers through the rose garden next to the Knesset, shouting, beating drums and blowing noise machines, before police pushed them away. The rumble can be heard inside and it culminates when the prime minister casts his vote.
Noam Shaham, 60, an engineer, said: “I am here to try to stop the government from committing suicide. “The government is trying to gain power without any control. We only have the judiciary to stop them, and they’re trying to get rid of it.”
Some government supporters paused long enough to engage in debates — or shout matches — with protesters before moving on.
During the Knesset, opposition lawmakers shouted at Defense Secretary Yoav Gallant, who had publicly expressed reservations about the decision to move forward with the legislation, largely due to concerns about the effect of the reservists’ demonstration on military readiness – but voted for it.
During the discussion of the many proposed amendments before the final vote, he argued several times on the Parliament floor with Yariv Levin, the justice minister, who is seen as the architect of the overhaul – even though both belong to Mr. Netanyahu’s Likud party.
Street protests continued across the country into midnight. Horse-riding policemen tried to push protesters off a road in Tel Aviv to no avail, and some in the crowd set fire to the street. Police in Jerusalem again used water cannons against people gathered outside the Supreme Court building. Images as chaotic as the dominant news were broadcast throughout Monday night and day.
Mr. Netanyahu struck a conciliatory tone in a televised address on Monday night, a day after undergoing an emergency procedure to implant a pacemaker. He urged reservists not to leave the service, saying, “We have one country, one home, one people.”
“In the coming days, the coalition will approach the opposition with the aim of holding a dialogue between us,” added the prime minister, noting that the Knesset is scheduled to rest on Wednesday and not convene again until October. “We are ready to discuss anything, immediately and during the break, and if more time is needed, until the end of November.”
Such assurances mean nothing to his opponents, after months of fruitless negotiations over a compromise.
Opposition lawmakers have weighed, without much apparent optimism, about the prospect of blocking their legislation — by asking the Supreme Court, for example, to rescind the very measure designed to curb it.
After a year and a half in power, Mr. Netanyahu, Israel’s longest-serving prime minister, in December formed a government with parties previously considered outside of the country’s politics. They include far-right nationalists who want an enlarged Israel that is clearly a Jewish state and includes some or all of the West Bank, as well as extreme Orthodox parties.
Opposition leader, Yair Lapid, said after the vote: “Today, we have witnessed the unprecedented weakness of Netanyahu. “There is no prime minister in Israel. Netanyahu has become a puppet in a chain of messianic extremists.”
Mr Ben-Gvir said his party, which Mr Netanyahu needs to govern, would not accept any compromise on the justice bill and vowed to have a “huge mandate” over changes proposed by the government during last November’s election.
But polls consistently show that more Israelis oppose the judicial overhaul than support it, and former leaders of the security services have advised against it.
In addition to being deeply divisive among Israelis, the measure alienated some of Israel’s American allies such as President Biden, who has repeatedly warned against it.
“As a lifelong friend of Israel, President Biden has publicly and privately expressed his view that major changes in a democracy to last in the long run must have the broadest possible consensus,” said his press secretary, Karine Jean-Pierre. said in a statement. “Unfortunately today’s vote went with the thinnest possible majority.”
The Israeli opposition said it would petition the Supreme Court to repeal the law, and a human rights group said it had asked the court to intervene. This measure amends one of Israel’s Basic Laws, which has the same effect as the constitution. Experts said the court had never rescinded part of the Basic Law and it was unclear whether the court would take up the matter.
Another idea that has been raised concerns President Isaac Herzog’s refusal to sign the bill. He tried to negotiate a compromise on the overhaul. But Mr Herzog’s role is largely ceremonial, it’s unclear whether he will stick to the plan and some experts say they doubt his lack of signature will carry any legal value.
Isabel Kershner report from Jerusalem, martial artist Aaron from London and Richard Pérez-Peña from New York. Report contributed by Patrick Kingsley, Hiba Yazbek, Jonathan Rosen, Myra Noveck And Roni Rabin from Jerusalem, and Gabby Sobelman from Rehovot, Israel
