In the midst of an escalating war on several fronts, Israel finds itself embroiled in significant internal strife. Recent days have witnessed tens of thousands of Israeli citizens taking to the streets in protest against the government. Amidst all this turmoil, a former chief justice of the Supreme Court has raised the specter of civil war, warning that a constitutional crisis may be imminent if the government continues its plans to dismiss key legal and security figures.
Prime Minister Benjamin Netanyahu recently disclosed plans to remove Ronen Bar from his position as head of the Shin Bet, Israel’s internal security service. This decision stems from a supposed crisis in confidence following the agency’s failure to prevent the Hamas attacks on October 7, 2023. Additionally, Netanyahu’s administration has instigated proceedings to oust the attorney general, accusing her of hindering its political agenda.
These moves coincide with the Shin Bet’s ongoing investigation into a potential breach by an Arab nation concerning Netanyahu’s office, all while the Prime Minister himself faces corruption charges. This escalating conflict between Netanyahu and the judiciary is exacerbating existing internal divisions during a time when the nation grapples with war-related pressures.
Netanyahu’s coalition initiated a sweeping revamp of the judiciary system at the beginning of 2023, inciting widespread protest. Critics of this reform argue that it would upset the country’s checks and balances by granting excessive powers to Netanyahu, while supporters suggest the judiciary has overstepped by obstructing legislative agendas. Detractors also point to the Prime Minister’s corruption trial, arguing for the necessity of an independent judiciary as a bulwark against authoritarianism.
Following the Hamas attacks, the controversial judicial reforms were temporarily halted, but they sparked debate over accountability for the unprecedented violence. Despite the chaos, Netanyahu continues to deflect any blame, instead attributing failure to military and security officials and blaming supposed plots by a “deep state” aiming to undermine his leadership.
Netanyahu’s decision to dismiss Bar reignited protests, with dissenters viewing the move as a direct threat to Israel’s independent institutions and an attempt to hinder ongoing investigations against him. This maneuver has also facilitated the return of far-right figure Itamar Ben-Gvir to Netanyahu’s government, strengthening his legislative hand ahead of a crucial budget vote. Ben-Gvir had resigned temporarily in protest but resumed office as hostilities resumed in Gaza.
Bar, who indicated intentions to step down after concluding sensitive investigations into whether Qatar—a nation with close Hamas ties—was implicated in launching influence campaigns targeting Netanyahu, was accused of colluding against the Prime Minister along with the attorney general.
On Sunday, Netanyahu’s administration advanced efforts to remove Attorney General Gali Baharav-Miara, a process expected to unfold over several weeks. Israel’s Supreme Court, a critical check in a nation without a formal constitution and a unicameral parliamentary system dominated by Netanyahu’s coalition, has halted Bar’s dismissal pending review. The upcoming verdict will decide the legality and potential conflict of interest associated with the move, in light of ongoing investigations.
With Baharav-Miara’s potential dismissal also under court scrutiny, the government faces uncertainty. The committee evaluating her removal, likely comprising Netanyahu’s allies, will first assess both sides’ arguments. A court ruling requires acceptance, yet doubt looms whether the government will comply with an unfavorable decision.
Experts warn of chaos should the government defy the Supreme Court. Amir Fuchs from the Israel Democracy Institute expresses concerns over a crisis that could erupt if the executive disregards judicial authority, casting a shadow of disorder across the nation.
Apprehensions escalate as repercussions from government actions stir public unrest. Esteemed legal authority, Aharon Barak, emphasized potential dangers of civil conflict. Nearly two dozen ex-judges also voiced concerns, with some contemplating tax revolts or strikes should the government renege on judicial decisions.
Parallels are drawn to the contentious 2023 legal overhaul announcement, which galvanized massive public demonstrations and threats of military non-cooperation from reservists. These tensions, exacerbated by Israel’s heavy reliance on reserve troops, particularly during warfare, may have emboldened Hamas to act. Public figure Nadav Eyal forewarns that defiance of court rulings could precipitate a survival-threatening wave of civil disobedience against the government.