As American Warnings Mount, Netanyahu Continues To Advance Major Judicial Reforms

Israel’s Knesset will begin deliberations on legislation for the controversial reforms on Monday with an eye toward quick passage

A day before the Israeli government is set to begin legislative proceedings meant to reform the country’s judicial system, The New York Times published a statement by US President Joe Biden in which he outlined his opinion about the subject that already appears to be tearing Israel apart. The proposed legislation threatens to harm the close relationship between Israel and the US, experts say.

“The genius of American democracy and Israeli democracy is that they are both built on strong institutions, on checks and balances, on an independent judiciary. Building consensus for fundamental changes is really important to ensure that the people buy into them so they can be sustained,” read the statement published early Sunday.

“This is a very carefully worded statement,” said Avi Pazner, a former Israeli ambassador to France and Italy and former world chairman of Keren Hayesod – United Israel Appeal. “It is worded positively and is not critical. But it can be seen as a warning about what will happen if the reforms are promoted without dialogue.”

Israel’s government, led by Prime Minister Binyamin Netanyahu, is pushing forward with a series of reforms that have caused heated debate within the country and have led to warnings from international leaders. From all sides of the political spectrum, people have not ruled out the need for change in Israel’s judicial system, but have called for a dialogue beforehand in order to reach as wide a consensus as possible.

During the last election campaign and since he was sworn in again as prime minister in late December, Netanyahu has promised the Americans and other allies that he is at the helm and he will not allow the more extremist elements of his coalition to fulfill all of their policies.

“Netanyahu has a record of unfulfilled promises,” Professor Eytan Gilboa, an expert on the US at Bar-Ilan University and senior fellow at the Jerusalem Institute for Strategy and Security, told The Media Line. “He also gave different interviews in English and in Hebrew in which there were contradictions, so in American eyes, he cannot be trusted.”

The overhaul of the judiciary includes giving the Knesset, Israel’s parliament, the ability to override Supreme Court rulings with a simple majority. In addition, politicians will have greater influence in the appointment of Supreme Court judges, and legal advisers to ministries will be political appointments and no longer civil servants.

Netanyahu and his coalition partners say the changes are necessary in order to rein in the courts which have become too powerful. They also say the Supreme Court often intervenes in political issues that should be determined by the parliament.

On Monday, the Knesset will begin legal deliberations on the reforms.

Opponents of the reforms say they will weaken the courts, give the ruling coalition limitless power and significantly weaken Israeli democracy. For six consecutive weeks, they have staged large weekly demonstrations against the government. To coincide with the beginning of the legislative process, protesters have called for a countrywide general strike on Monday.

President Biden’s comments are unlikely to catch Netanyahu by surprise. Since he was sworn in two months ago, several US officials have met him in Jerusalem and made the administration’s position clear.

“The endowment and maintenance of democracy have always been a cornerstone of American foreign policy,” said Gilboa. “They see what is happening in Israel, including the massive protests, and they fear that Israel will become a regime they cannot cooperate with.”

“Added together, this has led to a change in American policy. It has shifted from indifference to active intervention,” Gilboa added.

The endowment and maintenance of democracy has always been a cornerstone of American foreign policy. They see what is happening in Israel, including the massive protests, and they fear that Israel will become a regime they cannot cooperate with.

In their meetings with the Israeli premier, National Security Adviser Jake Sullivan and Secretary of State Antony Blinken both highlighted the shared values they believe the US and Israel have.

“Throughout the relationship between our countries, what we come back to time and again is that it is rooted both in shared interests and in shared values,” Blinken said in Jerusalem last month. “That includes our support for core democratic principles and institutions, including respect for human rights, the equal administration of justice for all, the equal rights of minority groups, the rule of law, free press, a robust civil society.”

Netanyahu, a seasoned statesman and politician, was sure to get the hint. He so far has not heeded calls within Israel to conduct a dialogue on the reforms. He has vowed to push forward with no willingness to make any concessions or compromises. Israel may pay a price for this insistence, experts say.

“If things will continue this way, there could be a confrontation with the US, which will view the moves as contradicting the basic foundations of the relations between the countries,” said Pazner, who co-signed a letter with over 100 former Israeli diplomats warning Netanyahu of the consequences of his policy on Israel’s international standing.

In the aftermath of the 1973 Arab-Israeli war, when Israel and the US did not agree on how to prevent a future conflict between Israel and Egypt, the US “reassessed” its relations with Israel, leading to great tension between the allies. Arms deliveries from the US to Israel were frozen and the cold shoulder from Washington to Jerusalem had a marked impact on relations. Israel later went on to sign a disengagement agreement with Egypt, likely due to American pressure.

“The US has a lot of ways to pressure Israel,” according to Pazner.

The latest memorandum of understanding signed between the US and Israel in 2016 was an unprecedented agreement in which American aid to Israel was increased by almost $40 billion. Valid for a decade, the aid still requires annual approval by Congress. Any strain in the relationship could play out in this arena.

“There is real danger to the military aid Israel receives,” Gilboa said

Perhaps most threatening to Netanyahu are the financial consequences of the judicial reform and its fallout. The impact of the reforms is deeply connected to Israel’s relations with the US.

“When the US president warns Netanyahu, this also has financial consequences,” Gilboa explained.

Recent warnings to Israel by American credit ranking firms coupled with a cautionary notice from the White House could cause a dent in Netanyahu’s resolve. “Netanyahu should worry that his moves will damage the special relationship with the US,” Gilboa said.

If things will continue this way, there could be a confrontation with the US, which will view the moves as contradicting the basic foundations of the relations between the countries

For years Netanyahu has prided himself on taking Israel’s economy forward, making it attractive for foreign investment. American investments are key for continuity.

Israel also is facing a defining moment in the coming months as Palestinian requests to international courts will materialize into investigations and perhaps proceedings. Israel often has relied on American veto power in the United Nations Security Council to shoot down anti-Israeli resolutions. Without the US raising its hand in favor of Israel, the Jewish state could find itself isolated in the international arena.

During the last election campaign, Netanyahu also promised he would expand the 2020 Abraham Accords normalization agreement to include Saudi Arabia. The original agreements signed between Israel, the United Arab Emirates, Morocco, and Bahrain were reached through American mediation and incentives.

“Bringing Saudi Arabia depends much more on the US than on Israel,” said Gilboa. “The normalization of relations with Israel was based on returns from the US, not Israel.”

While Netanyahu probably was not surprised by President Biden’s stance, his ability to ignore the warnings has been greatly reduced.

At the opening of a dramatic political week in Israel, if the legislative process proceeds without his intervention, Netanyahu will be signaling to Israel’s greatest ally that he is on a collision course with the White House.