This article explores the need to strengthen democratic institutions and values in the decision-making process in Israel, in light of lessons learned from the State’s efforts thus far to contend with the Covid-19 pandemic. It presents fields where democratic resilience in states of emergency is imperative, and defines standards and criteria that can assist in preserving critical democratic interests in times of emergency. The article begins with a brief survey of the democratic backdrop in Israel at the onset of the coronavirus...
In January 2020, the Institute for National Security Studies (INSS) hosted its 13th Annual International Conference. Entitled “Strategic Assessment for Israel: A Look at the Coming Decade,” the conference included discussions, simulations, and lectures on strategic issues important to Israel’s national security. The conference was attended by decision makers, opinion leaders, and leading researchers from Israel and abroad. We invite you to read the digital version of the booklet that summarizes the conference...
On June 9, 2020, in a majority decision of eight justices against the single dissenting view of Justice Sohlberg, Israel’s Supreme Court ruled that the Regularization Law is unconstitutional and is therefore to be annulled. The ruling was anticipated, as the law was formulated in an overly general manner and approved despite the opposition of Israel’s Attorney General. The Court’s ruling precludes the sweeping regulation of illegal construction in the Israeli settlements in the West Bank, but leaves open the possibility of resolving...
The corona pandemic reached Israel before various legal provisions necessary to enhance the country’s preparedness for an emergency were approved. Legislation is required in order to replace older rules, make structural changes, and grant the relevant authorities the effective capacities to deal with the economy and with issues affecting the civilian population. Decision making at this time highlights how much is lacking in the law books on essential state means and powers. For instance, legislation of a “home front law” is necessary...
Like most countries today, Israel is in a state of emergency due to the coronavirus pandemic. This situation requires taking far-reaching steps to contain the spread of the disease. Moreover, the coronavirus crisis broke out at the height of a political crisis in Israel that has continued for over a year, with a transitional government in place following turbulent elections. States of emergency challenge a democratic regime at any time, but the combination of the health crisis and the political crisis has increased fears among some...
Over recent months both Israel and the Palestinians have recorded significant strategic achievements in the prolonged struggle between them. The leaders of both sides told their nations that these victories moved them closer to their desired aim – a resolution to the conflict that fulfills their national desires. However, a critical examination of these achievements raises doubts about the extent to which they actually advance the stated aims of the two sides. The Israeli demand to implement immediately some portions of the Trump...
Israeli society in 2019 was characterized first and foremost by the broad implications of the ongoing political crisis, following two rounds of national elections and preparations for the third round in March 2020. This electoral impasse, unprecedented in Israel, involved not only the inability to form a coalition government, but also restricted the normal performance of government offices and the ability to make decisions on critical issues. Beyond this, the political stalemate exposed a series of profound deficiencies within...
At the core of the strategic assessment for 2020 stands the tension between Israel’s evident strength and its success in various fields, and the possibility that this positive state of affairs will prove temporary and fragile. This tension stems from a series of factors that in the coming year could lead to a large-scale conflict and even to war, and involves Israel’s approach to a series of substantive national security challenges: Iran’s increasing audacity – on the nuclear issue, in its efforts at force buildup in Syria and other...
On Friday, December 20, 2019, the Prosecutor of the International Criminal Court (ICC) announced her decision that an investigation should be launched into the “situation in Palestine” regarding war crimes committed by all sides during Operation Protective Edge and regarding the “crime of the settlements” and the shooting incidents along the Gaza fence. The Prosecutor requested that a Pre-Trial Chamber issue a ruling on the scope of territorial jurisdiction in support of her position that Palestine can be deemed a...
The announcement by US Secretary of State Mike Pompeo that “the establishment of Israeli civilian settlements in the West Bank is not, per se, inconsistent with international law” is in line with Israel’s official position, and its inherent message – that preoccupation with the question of the legality of the settlements narrows Palestinian flexibility and discourages the achievement of a negotiated resolution to the conflict – is correct. However, the announcement’s practical value is minor, and there...
Introduction
On July 30, 2019 a roundtable discussion was held at the Institute for National Security Studies (INSS) dealing with the scope of judicial supervision of the government. Participants, in alphabetical order: Aviad Bakshi
Avraham Bell
Amichai Cohen
Assaf Malach
Suzie Navot
Meital Pinto
Maoz Rosenthal
Yaniv Rosnai
Yehoshua (Shuky) Segev
Ron Shapira
Pnina Sharvit Baruch
Yehoshua Shufman
Gila Stoppler
Bell Yosef The meeting was held against the background of a number of...
Amid the coalition negotiations underway in Israel there is a heated debate over various proposals regarding significant changes to the legal oversight of governmental and parliamentary work. Remarkable throughout the debate of these proposals is the lack of regard to their impact on the preservation and promotion of the character of Israel as a Jewish and democratic state, and instead, there is a worrisome focus on political and personal motives. Against this background, it is possible to propose several recommendations. First, in...
