The United States State Department has officially declared that the Biden administration will maintain its commitment to provide aid to Israel, despite recent controversial legislative actions in the Knesset that have led to heightened political influence over the judiciary system.
In a statement, Vedant Patel, the spokesperson for the US State Department, emphasized the unwavering nature of the US-Israel partnership, stating, “There will be no interruption or reduction in military assistance, as our dedication to Israel and its security remains steadfast. Our enduring alliance with Israel spans decades.”
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Patel also acknowledged the tangible impact of the legislative changes on the lives of individuals, underlining the belief that significant alterations to democratic structures necessitate broad consensus. He stated, “The implications of this legislation for the daily lives of citizens are evident, and this is why we have emphasized that such shifts within democratic frameworks demand a wide-ranging agreement.”
US-Israel Relations Tested
On the last week of July 2023, the White House expressed its regret over the passage of a law by the Israeli parliament that curtailed the authority of the judiciary, as part of a planned series of reforms to the judicial system.
Throughout recent times, the Biden administration has actively sought to discourage the ultra-nationalist coalition government led by Prime Minister Benjamin Netanyahu from enacting legislation that has been perceived by many, both within Israel and internationally, as an attempt to undermine the democratic institutions of the country.
At that time, US Defence Secretary Lloyd Austin engaged in discussions with his Israeli counterpart, Yoav Gallant, urging the importance of achieving a consensus through political dialogue, particularly in the ensuing weeks and months. Austin emphasized that such dialogues are pivotal components of maintaining a resilient democracy.
While the continuation of military aid to Israel has not been subject to question by US officials, the ongoing judicial challenges in Israel have strained relations between the Biden administration and the Netanyahu government.
Addressing the situation, White House press secretary Karine Jean-Pierre conveyed, “Regrettably, the vote occurred today.” “The passage of this law occurred with the narrowest of majorities,” she commented, further emphasizing that the foundation of the relationship between the two countries is rooted in “shared democratic values and interests.”
With the support of legislators from Prime Minister Netanyahu’s coalition government, the Israeli parliament has approved legislation that eliminates the “reasonableness standard,” thereby stripping the Supreme Court of its authority to block government decisions that are deemed unreasonable.
This legal change is part of a comprehensive set of bills put forth by the government earlier this year, aimed at overhauling the judicial system. Following his re-election late last year to lead one of the most right-leaning coalitions in Israeli history, Prime Minister Netanyahu has actively pursued reforms in the judiciary, intending to amplify his government’s influence in the selection of judges and curbing the Supreme Court’s power to invalidate legislative measures.
In recent days, the American Jewish Committee has conveyed its deep disappointment regarding the passage of this law. In an official statement, the organization noted that this development has exacerbated divisions within Israeli society, as evidenced by the substantial number of individuals participating in street protests.
The statement from the American Jewish Committee further asserted, “The ongoing push for judicial reform, rather than seeking common ground, has generated disharmony within the Israeli Defence Forces during a period of heightened threats to the Jewish homeland. Additionally, it has strained the crucial bond between Israel and Diaspora Jewry.”
All about the bill
This bill, known as the “reasonableness” bill, seeks to eliminate the “reasonableness standard,” thereby eradicating the Supreme Court’s authority to obstruct government decisions that are perceived as unreasonable. The bill is a component of a comprehensive set of legislative proposals presented by the government earlier in the year, aimed at reforming the nation’s judicial system.
The administration of Prime Minister Benjamin Netanyahu has given prominence to the overhaul of the judiciary since assuming office earlier in the year. Critics from the right-wing faction in Israel have persistently voiced their concerns about the judiciary’s ability to override legislation approved by the Knesset, contending that it exhibits a left-leaning bias and overly prioritizes the rights of minorities over the majority.
These proposed alterations have led to a sequence of 29 consecutive weeks of protests, both within Israel and beyond its borders. Notably, former Israeli officials and the United States, a steadfast ally of Israel, have cautioned against the potentially “divisive” implications of these reforms.
A closer look at the changes
Prime Minister Netanyahu’s ultra-nationalist coalition government has consistently asserted that the proposed changes in the judiciary are aimed at re-establishing authority within elected officials.
The legislation seeks to curtail the Supreme Court’s capacity to nullify government decisions under the pretext of them being “unreasonable.”
Earlier this year, the Supreme Court invalidated the appointment of Aryeh Deri, a prominent figure in the ultra-Orthodox Shas party, to a position in Netanyahu’s administration, citing that it was “exceedingly unreasonable.” Deri had faced disqualification from ten out of eleven judges owing to his tax-related conviction from the preceding year.
Supporters of these changes contend that the existing “reasonability” standard confers excessive influence upon unelected judges, thus infringing on the decision-making prerogatives of elected officials. Detractors of the government’s position, however, argue that these alterations erode a crucial aspect of the court’s supervisory authority, potentially leading to corruption and improper appointments.
Protesters maintain that these amendments undermine the system of checks and balances and could potentially erode minority rights, foster corruption, and detrimentally impact the economy.
It’s worth noting that Netanyahu is currently undergoing a corruption trial, and these judicial modifications could potentially influence his legal proceedings by enabling him to evade conviction or even result in the dismissal of his case.
Mixed reactions among Israelis and Palestinians
The introduction of these bills has ignited months of widespread protests, with nearly a quarter of the Israeli population participating in various forms of demonstration.
An opinion poll conducted by the Israel Democracy Institute reveals that approximately two-thirds of Israelis believe that the Supreme Court should retain the authority to invalidate laws that are inconsistent with Israel’s Basic Laws.
Adding to the mounting pressure on Prime Minister Netanyahu’s government are the thousands of military reservists who have declared their intent to abstain from service if these bills are ratified. In a communication addressed to soldiers, Israeli military chief Lieutenant General Herzi Halevi characterized the fissures arising from these protests as “perilous.” He underlined the significance of maintaining a robust and united military, emphasizing that the absence of these qualities could imperil the country’s existence in the region.
In contrast, the vast majority of Palestinian citizens of Israel have been infrequently present at these protests, asserting that regardless of the outcome, prejudiced laws will persistently target them. They contend that the judicial system has never provided safeguards against discriminatory legislation and a system that privileges one group over another.
Netanyahu’s far-right administration has escalated lethal operations in Palestinian territories, resulting in the deaths of at least 197 Palestinians this year, including 34 children.
Allies’ reaction over the change
Numerous of Israel’s traditional allies have voiced criticism of the proposed legislation, advocating for either a compromise or complete abandonment of the proposed changes.
French President Emmanuel Macron conveyed his concerns to Prime Minister Netanyahu, cautioning that Israel could risk undermining its democratic foundations with the implementation of these legislative measures. Similarly, German Chancellor Olaf Scholz expressed apprehension over the legislation, emphasizing the pivotal role of the judiciary in upholding democratic principles.
However, the most notable and outspoken commentary has come from US President Joe Biden. He emphasized the importance of Israel working to forge a broad consensus in support of legal reform. In a statement provided to the Axios news website, Biden expressed, “Considering the viewpoint of Israel’s allies in the United States, it appears that the ongoing judicial reform proposition is growing increasingly polarizing, rather than fostering unity.”
Biden further advised against haste in enacting significant changes and underscored the value of seeking extensive consensus for controversial policy shifts.
A representative of the Biden administration issued a statement, expressing disappointment over the Israeli parliament’s ratification of a segment of the judicial overhaul plan. The spokesperson highlighted the administration’s belief in the necessity of consensus-building for substantial democratic alterations and called upon Israeli leaders to pursue a dialogue-driven, consensus-based approach.
It is evident that Israel’s allies, including France, Germany, and the United States, are urging a cautious and deliberative approach to these proposed legal reforms to ensure the preservation of democratic values and the broadest possible consensus.
