Israeli government has won a battle, but must lose the war

Yossi Mekelberg

There are moments in history when it becomes clear that things will never be the same again, and in an ominous way. That is the feeling right now among most Israelis. Over the past six months, there has been a growing sense that the country has been irreversibly changed, and trust has been shattered between the government and large parts of society.
Last Tuesday was a defining moment in this protracted crisis, and many in Israel, and outside it, have been left with the worrisome feeling that their government has not been bluffing or pretending, but has for all means and purposes declared war on the country’s democratic system and on the majority of the population who are adamant in their demands that its liberal-democratic character be retained.
In ratifying a bill aimed at weakening the judiciary and thereby placing the executive above the other branches of government, the country’s ruling coalition has shown its true anti-democratic colors. To add insult to injury, it also dispatched the police to brutally suppress those who protested, injuring and arresting more people than ever before in the largest street protests in the country’s history. And worse is still to come, as we are promised that this is only the beginning, and much more awaits in the coming weeks and months.
When the bill to overturn the reasonableness standard passed a second and third reading in the Knesset, it ended the Supreme Court’s ability to strike down any government decision that it deemed unreasonable. By removing this power from the judiciary, the far-right and religious coalition has sent a clear message that the government can now act with impunity and without accountability, relegating the courts, until now the gatekeepers on behalf of the public, to mere observers.
It is not only the legislation, as alarming as it may be, but also the deep cracks that have become painfully apparent in Israeli society as a result that should worry anyone with any sense of responsibility for the future of the country and its people. And while there are many in the government who have contributed in their zeal to undermining the judiciary, and have been more than ready to sow division and hatred, the chief culprit is none other than Prime Minister Benjamin Netanyahu.
No one should delude themselves that Israel’s democratic system was not fragile before the sixth Netanyahu government was sworn in, because it was. Furthermore, no one should deceive themselves that the country’s deep social divisions have appeared suddenly, since these are as old as the state itself and intrinsic to the way it was formed. However, at no point in the country’s short history have these social cleavages been exploited so cynically and unscrupulously by one person, as they have been by Netanyahu, with his initial aim of remaining indefinitely in power and, later and more pressingly, of ensuring that his trial on three counts of corruption is derailed or, should he be convicted, that he would by then have appointed enough cronies in key positions to be able to overturn that decision. For the sake of avoiding justice, he is ready to lie and deceive, and to betray any principle that he might previously have claimed to uphold.
Make no mistake, the latest bill to overturn the reasonableness standard was not the first and will not be the last in the government’s attempt to downgrade the democratic system and hand more power to the executive at the expense of the judiciary. Judging by the dubious record of some Cabinet members, which includes convictions for corruption and for supporting a terrorist group, and by the fact that most of them despise the notion of liberal democracy, we can be certain that this government is determined to take the country on a disastrous journey toward authoritarianism, increasingly imposing Jewish jurisdiction throughout the land.
As the Knesset goes into its summer recess, it leaves the country more divided than ever and wracked with uncertainties, with outbreaks of violence becoming increasingly frequent. The shocking scenes of demonstrators injured by police or water cannon should alarm everyone. For now, in the battle between the anti-democratic coalition and the pro-democracy movement, the government has won a significant victory, which may lead to more legislation on the path to a semi-authoritarian political system that looks likely to include strong elements of ultra-orthodox dominance. But this war is far from over. In the longer term, pro-democracy protesters will remain the backbone of Israel’s security and prosperity, and this appalling administration will continue to ignore at their own peril the demands which are supported by most of Israeli society.
On the day after the Knesset overturned the reasonableness standard, international financial institutions expressed their concerns. Morgan Stanley cut the country’s credit rating, while the shekel lost value, and prices dropped sharply on the Tel Aviv stock market. Add to this that thousands of reservists who serve in key military positions have signed letters announcing that they will no longer volunteer, while other sectors are contemplating strikes and many are considering leaving the country, and a bleak picture of the destruction this government is inflicting on the country becomes clear.
It is certainly not all over for those who oppose the government. They have the leadership, determination, conviction and the tools to maintain their active resistance to a government that does not have the interests of its people at heart.