Tel Aviv Ehud Barak is one of the most prominent critics of Israel’s judicial reform – and speaks of the “most serious crisis in 75 years”. The former Israeli head of government and ex-defense minister believes the fight against the government’s plans is “more important than many of the battles we have fought since the founding of the state.”
This time it is “about self-defense against a government that is acting illegally,” he said in an interview with Handelsblatt. “Every citizen therefore not only has the right but also the duty to rebel non-violently against the government’s plans. “We have to defend democracy.”
An important phase of the judicial restructuring begins on Tuesday. The 15 judges of the Supreme Court are discussing a law that is intended to severely restrict the powers of the judiciary.
It is part of a comprehensive legislative plan by the right-wing religious government to weaken the judiciary.
If the court goes against the law and the government does not accept the decision, the country will face a national crisis.
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Critics see the law as a threat to Israel’s democracy. The government, on the other hand, argues that the Supreme Court is too powerful and interferes too much in political issues. Hundreds of thousands of citizens have been protesting against the restructuring of the judiciary for months.
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Due to massive extra-parliamentary opposition, the government has delayed implementation of the plan, but Barak remains skeptical. Prime Minister Benjamin Netanyahu is sticking to his original plans to shift the separation of powers between the executive, the legislature and the Supreme Court in favor of the government.
In total, more than 200 laws are being prepared that would definitely bury Israel’s democracy.
Barak says the government has left the realm of legitimacy. A cabinet could declare war, make peace or change the priorities in the national budget. But under no circumstances should it change the basis of the government system to serve the personal interests of politicians.
“That is not part of the government’s mandate.” He does not doubt the legality of the last elections. But it is not permissible to end democracy using the means of the rule of law.
The day before the expected court hearings on the controversial judicial restructuring, there was a protest in front of the Justice Minister’s house.
(Photo: dpa)
What the government is planning is not a reform, but a “cold coup”. As is well known, a trial is underway against Netanyahu, including on suspicion of corruption and bribery. “So that he has nothing to fear from the judiciary, Netanyahu is doing everything he can to carry out the regime change as quickly as possible.”
Ehud Barak is among those standing in Netanyahu’s way. According to the US portal Politico, he hired the American lobby office Trident DMG last week to fight against the controversial judicial reform. It will “offer strategic communications in support of the pro-democracy movement in Israel” for a total of $75,000 over the next three months.
The Americans received the order from the non-governmental organization “Blue and White Future” (BWF), an Israeli activist group on whose board Barak is represented. Barak doesn’t want to give any details. But it is right that he actively supports the protests “behind the scenes”. He rules out an agreement with the reform supporters: A compromise with Netanyahu is not possible “because no one trusts him – not even his coalition partners.”
Most people in the army are skeptical about the plans
Barak knows the defense establishment has his back: “80 percent of the veteran leaders in the army, the Mossad and the secret services” think like him. There are also reform critics among the professional reservists. There are a little more than 2,000 in the air force, with another 15,000 in special units, for example cyber fighters.
They felt committed to democracy. If the terms of the contract were changed and the entire system became a de facto dictatorship, voluntary service would no longer be an option for them. Israel’s enemies, the Iranians and Hezbollah, would probably welcome this as a weakening of resistance.
But, Barak says, neither Iran nor Hezbollah should test Israel. In the event of an attack, “all volunteer reservists who are now threatening to refuse would probably return to their units.”
Protesters hold up a banner that reads “Let the country burn.” Netanyahu and his wife are pictured on it.
(Photo: dpa)
The weakening of the judiciary carries the risk that officers and politicians will have to appear before the International Criminal Court (ICC) in The Hague. Their safety net at the moment is the fact that Israel has an independent and strong judicial system.
However, if this is weakened, it is conceivable that “army members or politicians will be asked to explain their actions in The Hague”.
The reforms are already doing enormous damage to the country’s economy, says Barak. The local currency has lost value since January, rating agencies have downgraded Israel and many Israelis have moved money abroad. “The tech location suffers from this.”
The founding of start-ups requires a free spirit. This is the “oxygen” without which companies cannot breathe. It is therefore not surprising that the leaders of the high-tech industry were among the first to warn of the consequences of the reform.
“They are not dependent on the government, and of course this especially applies to the many foreign investors.” That is why the government cannot put any pressure on them.
Barak initially evades the question of whether start-ups will carry out their threat and relocate their activities abroad and says: “I am convinced that we will prevent the reform.” And if not? He admits that some young companies would probably consider relocating abroad. “But they will miss the typically Israeli atmosphere abroad that is so conducive to new ideas and solutions.”
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