Death—Courtesy of the Israel Supreme Court

The initiative by the newly elected government to enact a far-reaching reform of the legal system is an inevitable result of the ongoing process of erosion of public trust. 

The initiative by the newly elected government to enact a far-reaching reform of the legal system is an inevitable result of the ongoing process of erosion of public trust.

According to the University of Haifa’s annual index for public sector performance, the public’s level of trust in the Israeli judicial system is at the lowest level since the index was first published in 2001.—i24News, Nov. 6, 2018.

After a decade in which left-wing voters expressed a 44 percent confidence in the judiciary, their confidence has eroded since 2017 to 25 percent in 2020.—Haaretz, Jun. 4, 2020.

Today, Israel is engulfed in a tumultuous public dispute in the titanic clash between the advocates of a direly needed reform of the country’s system of law enforcement on the one hand, and its increasingly strident opponents on the other. Waxing evermore vehement and venomous, these opponents are engaged in a desperate last-ditch effort to preserve the remaining vestiges of their waning political power, by freezing the current distorted reality that still allows them—despite their minuscule (and diminishing) electoral support—to control much of the national decision-making process in Israel today.

A litany of travesties

The arrogance and blatant double standards of the legal establishment in general, and the judiciary in particular, together with an increasing number of verdicts that fly in the face of common sense—and any commonsense perception of natural justice—have led to a steep and ongoing erosion in public confidence in the impartiality of the courts—including the Supreme Court itself. Indeed, the catalog of mystifying decisions is as long as it is disconcerting.

The following is a far from exhaustive list:

  • The trampling of the right of the opponents of the 2005 Disengagement to protest;
  • The disregard of the fact that the investigation against Prime Minister Netanyahu was launched in flagrant disregard of explicit legal requirements—not to mention a litany of brazenly improper (to be charitable) police/prosecution measures during the investigation itself;
  • The discriminatory prohibition of demonstrations during the COVID-19 epidemic, preventing gatherings by the haredi sector while allowing those by the anti-Netanyahu protesters outside his Balfour Street residence;
  • The repeated overturning of government decisions aimed at stemming the flood of illegal infiltration on the country by African migrants, and the detrimental effect this was having on the lives and livelihoods of less affluent neighborhoods in South Tel Aviv and elsewhere.

“Blaming everyone but itself…”

Thus, the well-known social activist and left-leaning law professor Yuval Elbashanwarned as recently as last December: “Confidence in Israel’s justice system, once so high, has slumped, and the time has come for the system to stop blaming everyone but itself.”

Indeed, over a decade earlier, in a book entitled “Towards Juristocracy” published in 2004 by Harvard University Press, Ran Hirschl, Professor of Political Science and Law, at the University of Toronto, cautioned: “In Israel, the negative impact of the judicialization of politics on the Supreme Court’s legitimacy is already beginning to show its mark. Over the past decade, the public image of the Supreme Court as an autonomous and impartial arbiter has been increasingly eroded.”

He cautioned “…as political arrangements and public policies agreed upon in majoritarian decision-making arenas [such as the parliament and/or government-MS] are likely to be reviewed by an often hostile Supreme Court… the court and its judges are increasingly viewed by a considerable portion of the Israeli public as pushing forward their own political agenda…”

The current initiative by the newly elected government to enact a far-reaching reform of the legal system is thus, an inevitable result of the ongoing process of erosion of public trust.

Victims of judicial intervention in policy

But the appalling harm that the current system inflicts on Israeli society can take on far more tangible and tragic forms. Perhaps, the most horrific (and I use the term with careful deliberation) illustration of this is the following:

On May 2, 2004, a young social worker, Tali Hatuel, who was eight months pregnant with her fifth child, was driving home with her four children aged 2 to 11 years old.

On the way, they were ambushed by two Palestinian Arab terrorists, lying in wait in a roadside building. From their hiding place, they opened fire on the young mother and her children, forcing them off the road. The terrorist then approached the vehicle and slaughtered all the occupants from point-blank range.

What is both staggering and infuriating about this appalling tragedy is that the army had intended to demolish the buildings, which afforded cover to the murderers, because they had been used previously by terrorists to kill both Israeli civilians and IDF soldiers.

However, the demolition was prevented by order of the Supreme Court, which, under today’s system, is the ultimate arbiter of what is “reasonable” and “proportionate” even in areas where they have no professional expertise.

The perils of unbridled authority with no responsibility

Sadly, Tali Hatuel and her four daughters paid with their lives for the gross judicial intervention into Israel’s security policy, while the judge(s) of course suffered no repercussions for the horrendous consequences of their decisions.

But that is how things are when the judiciary has overriding authority, but zero responsibility.

Clearly, a stop must be put to this glaring travesty!

Dr. Martin Shermanspent seven years in operational capacities in the Israeli defense establishment. He is the founder of the Israel Institute for Strategic Studies (IISS), a member of the Habithonistim-Israel Defense; Security Forum (IDSF) research team, and a participant in the Israel Victory Project.

January 26, 2023 | 4 Comments »

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  1. It is ie=ronic that the Shas party, during the Bennett administration, proposed a law that was similar to the recent Supreme Court decree, except that it rightfully placed the rseponsibility for enforcing the law on the IDF, not the yeshivas. According to this earlier Shas proposal, all haredim of military age would be required to show up for their physical, But of course only those who passed the physical would be inducted. Ironically, it was Avigdor :Sally” Leiberman of Israel Beiteinu who nixed the proposal. He instead proposed that haredi men be reuired to enroll for secular education and job traing classes, and/or look for and obtain employment outside the yeshiva system as soon as possible. Uncharacteristically, he suggested that the haredi draft issue be postponed until most haredi men were employed in secular “real” jobs, so that they would have the skills necessary to make meaningful contribtions to the IDF, I believe this was a good proposal, although I think that Leiberman has abandoned it since. Shas also has abandoned its previous “progressive” proposal concerning haredi military service in order to show solidarity with the UTJ parties that feel threatened by the court’s decree.

    The question of haredi military service should be resolved by the Knesset and/or the ministry of religious affairs. The ministry has access to the advice several different nonprofi torganizations that have working to come up with solutions that would integrate the haredim into Israeli secular life, but without compelling them to abandon their religious traditions or their customary dress code. Between them, the knesset and the ministry of religious affairs would come up with a plan for haredi integration that will work. The intervention of the supreme court is this matter, as in so many others, is unnecessary and harmful. Their decrees are motivated by the ultr-parisan agenda of the left, and not be any desire to bring Israeli Jews of different cultural tendencies together.

  2. T can’t find an appropriate space to post this nres,so I will post it here and see if anyone reads iit, The Israel supreme court has issued an order to the govvernment demanding that it begin drafting haredi young immrfiately into the IDF,and cut off all funding to yeshivot who who do not force their their students to obey this decree. All of the commentators agree that the purpose behind thid latest outrage is to force the haredim to leave the government, thereby forcing the government to call new elections, and deprive the conservative coalition of enough coalition partners to form a new government.

  3. Haredi Draft: Granddaughters of haredi MKs enlist in the IDF
    Two granddaughters of two MKs from the party most strongly against the drafting of haredim are serving at a military base in the center of the country, where they are working on intelligence projects.
    Israel National News
    Israel National News
    Mar 29, 2024, 12:51 PM (GMT+3)
    IDF
    UTJ
    Haredi Women
    Haredi Soldiers
    Swords of Iron

  4. Exellent article by Dr. Sherman!

    overriding authority, but zero responsibility

    And zero accountability.

    The gross arrogance and unbridled hubris exemplified by this self empowering judicial behemoth has badly exploited and thoroughly betrayed the trust in which the nation placed in it. Instead of a council of legal sages, carefully considering and applying the law in a judicious manner, this court has expanded its grasp to become a unchecked tyranny over the the people whose objections they have no ear for which to hear. Even now they rebuke the public’s representatives to forestall or restrain their ever expanding dominion over the nation which they have betrayed with their power hungry grasp. The discrete and reverent importance of the court as a judiciary body is too great to allow these tyrants to exploit their single branch of government into becoming the only branch of governance. Indeed, chain the court’s authority to the laws which the Knesset passes in representation of the people’s empowered will, and end this period of judicial interregnum where the court chains the govt and the people to whimsical will of its judges!