NETANYAHU, OCT. 7 AND ISRAEL'S DEEPENING TURMOIL

NETANYAHU HAS PROBLEMS AT HOME AND ABROAD

1. Prior to October 7, 2023: The Judicial-Political Crisis

• Judicial overhaul under Netanyahu: In early 2023, Prime Minister Netanyahu, backed by Justice Minister Yariv Levin and MK Simcha Rothman, pushed sweeping reforms aimed at reducing Supreme Court power, granting Knesset override, and shifting judicial appointments toward politicianstheguardian.com+4en.wikipedia.org+4ft.com+4en.wikipedia.org+4en.wikipedia.org+4en.wikipedia.org+4.

• Public uproar & protests: These reforms triggered massive demonstrations—some counting over 200,000 participants—strikes, and boycotts by tech sector employees and reservist groups en.wikipedia.org. Critics argued such reforms were designed to entrench Netanyahu’s power and protect him from ongoing corruption charges.

• Government pushback: In March 2023, the coalition moved to pass a law retooling the Judicial Selection Committee—granting politicians vetoes over appointments—a development decried as a "judicial coup"en.wikipedia.org+9ft.com+9en.wikipedia.org+9. The Supreme Court blocked earlier changes, intensifying tensionstheguardian.com.

2. During the October 7th Attack & Immediate Aftermath

• Security blow: The Hamas attack exposed major security and intelligence failures. The government abandoned further judicial reform efforts and formed a war cabinet including opposition figures—signaling temporary unityen.wikipedia.org+4en.wikipedia.org+4en.wikipedia.org+4.

• Politics on pause, security in focus: Netanyahu halted the judicial overhaul, stating continuing it would be “irresponsible during wartime.” The public, for a time, rallied around national defense en.wikipedia.org.

3. Post–October 7, 2023: Creeping Authoritarianism & Judicial Resurgence

• Return of judicial ambitions: In March 2025, Netanyahu’s coalition reintroduced legislation to alter the Judicial Selection Committee—replacing independent Bar Association seats with partisan appointmentsen.wikipedia.org+2en.wikipedia.org+2ft.com+2.

• Democratic backlash: Renewed protests erupted nationwide. Benny Gantz and other opposition leaders pledged to reverse the law if elected ft.com+1en.wikipedia.org+1. The Supreme Court issued injunctions halting attempts to fire Attorney General and Shin Bet head—sparking fears of constitutional collapseen.wikipedia.org+4apnews.com+4theguardian.com+4.

• Media manipulation: Netanyahu’s camp deployed sympathetic outlets like Channel 14 to drive public discourse. Critics accuse them of “propaganda,” using combative hosts to discredit opposition and frame reforms as democratic victories newyorker.com.

4. The Role of Nepotism & Barrier to Program Reform

• How judges are appointed: Israel’s nine‑member Judicial Selection Committee includes Supreme Court justices, Bar Association reps, and politicians. Reforms would tilt this balance in favor of political appointees—reducing merit-based oversight en.wikipedia.org+1ft.com+1.

• Nepotism concerns: Critics argue political influence in judiciary appointments enables patronage—favoring loyalists over independent jurists. This breeds corruption, erodes checks and balances, and shields the ruling elite from accountability.

• Reform deadlock: Because control over judicial appointments remains contested, comprehensive reform in areas like justice, security, and governance is stalled. Each side distrusts the other to hold power over who sits on the bench, stymieing both structural change and anti-corruption measures.

5. Resurgent Opposition & Civil Unrest

• Political opposition mobilizes: Former PM Yair Lapid and ex-IDF Chief Benny Gantz have returned to protests, joining rallies and parliamentary challenges en.wikipedia.org+1en.wikipedia.org+1.

• Unusual alliances: Though opposition backstopped Netanyahu in the face of an Iran threat, they remain critical at home—especially over Gaza policy and judicial integrity apnews.com.

• Civil society acts: Reservists, lawyers, union leaders, and tech-sector workers have formed recurring “Days of Disruption,” blocking infrastructure and staging sit-ins—forced pause of reforms in 2023, and sustained pressure in 2025 en.wikipedia.org.

🔚 Conclusion: A Nation at a Crossroads

Netanyahu’s handling of the October 7 crisis temporarily postponed his domestic confrontation, but hasn’t resolved the underlying fractures. He temporarily halted judicial reform to unify the nation—but once Gaza operations continued, he pushed ahead with judicial appointments overhaul. This has reignited claims of nepotism and democratic erosion, triggering another wave of mass protest.

As the country remains engaged in the Gaza conflict with no end in sight, Israel faces a pivotal question: will it recalibrate toward institutional balance and rebuild public trust—or will strengthening political control over courts lead to deeper societal fractures?

APPENDIX: THE QUESTION OF THE ISRAELI JUDICIARY

there is a widespread and longstanding perception in Israel—especially among right-wing and religious sectors—that the Israeli judiciary is elitist, nepotistic, and obstructive to democratic reform, including efforts to establish a formal constitution. Here's a breakdown of how and why:

🇮🇱 1. Israel Has No Formal Constitution

• Israel operates under a series of “Basic Laws”, passed incrementally since 1950.

• The Supreme Court, especially under former Chief Justice Aharon Barak (1995–2006), interpreted these laws expansively, effectively creating a judicial bill of rights with near-constitutional force—without public ratification.

• This led many to accuse the court of “constitutionalizing” democracy from the bench, bypassing legislative consensus.

🧬 2. Accusations of Nepotism in Judicial Appointments

• The Judicial Selection Committee includes sitting Supreme Court judges, Knesset members, and Bar Association representatives.

• Historically, judges had a de facto veto over new appointments. This created a self-replicating legal elite—referred to by critics as the “judicial aristocracy.”

• Reform advocates argue this prevents ideological diversity and ensures only “acceptable” (i.e., left-liberal) candidates reach the bench.

• This is why Netanyahu’s coalition sought to restructure the committee in 2023–2025.

🚫 3. Obstruction of Structural Reform

• The court has repeatedly:

  • Struck down laws passed by right-leaning coalitions on grounds of “unreasonableness.”

  • Intervened in military service exemptions, settlement regulations, and religious conversion standards—which many consider political decisions.

• Critics argue the court blocks legislative attempts to shape a cohesive constitution or reform electoral rules, creating a permanent constitutional vacuum.

⚖️ 4. Counterargument from the Legal Establishment

• The judicial establishment claims it is the last line of defense for minority rights, civil liberties, and rule of law.

• They warn that weakening the judiciary could turn Israel into a “majoritarian tyranny,” where coalition governments could override individual rights unchecked.

🔍 Conclusion: Partial Truth, Deep Polarization

• Is it nepotistic? There’s evidence of institutional entrenchment and ideological filtering in judicial appointments.

• Is it obstructive? Many argue it has become a barrier to constitutional clarity and reform, favoring judicial activism over democratic consensus.

• But whether this is “corruption” or “protection” depends on political lens. The judiciary is one of the few unelected power centers in Israel, and its reform—or entrenchment—remains the defining constitutional battle.

THE ACTUAL BREAKDOWN OF THE COURT SYSTEM

Structure of the Israeli Judiciary

1. Supreme Court (בית המשפט העליון)

• Top judicial authority in Israel.

• Functions as both:

  • Court of Appeals (from lower courts).

  • High Court of Justice (handles cases against state institutions and agencies).

• Number of judges: ~15 (fluctuates slightly).

• President (Chief Justice): Senior-most judge, often elevated based on seniority tradition.

2. District Courts (בתי משפט מחוזיים)

• Serve as trial courts for serious criminal cases, large civil cases, and appeals from magistrate courts.

• Also have administrative authority in some public law matters.

• 6 district jurisdictions: Jerusalem, Tel Aviv, Haifa, etc.

3. Magistrate Courts (בתי משפט שלום)

• Handle minor criminal and civil cases, family law, traffic violations, and small claims.

• Function as the entry point to the judiciary system.

⚖️ Judicial Selection Committee (ועדה לבחירת שופטים)

Role	Appoints all judges
Composition (9 Members):
– 3 Supreme Court justices (incl. Chief Justice)
– 2 Ministers (incl. Justice Minister)
– 2 Knesset Members (usually 1 coalition, 1 opposition)
– 2 Bar Association representatives

• Appointment Mechanism:

  • For Supreme Court justices, a 7 out of 9 majority is required, giving effective veto power to judges (pre-reform).

  • Lower court judges require simple majority.

Key Reform Controversy

• Critics’ view: Judges and lawyers maintain insider control, forming an ideologically aligned legal elite.

• Reformists’ aim: Increase government influence by altering committee composition—e.g., replacing Bar Association with political appointees.

• Opponents’ warning: Politicization will erode judicial independence and destroy checks and balances.