Israel’s proposed judicial overhaul, which began facing opposition on September 14, 2023, has raised concerns over its impact on human rights. The plan aims to weaken the oversight powers of Israel’s Supreme Court, eroding judicial review. While the overhaul has drawn protests from hundreds of thousands of Israelis, some met with excessive police force and arbitrary arrests, it’s essential to acknowledge that Israel’s judiciary has, at times, upheld policies that reinforce the apartheid system against Palestinians.
What Are the Proposed Reforms?
In January 2023, Israel’s Justice Minister unveiled plans to revamp the country’s judiciary. These reforms encompass changes in legislation related to judicial independence and the Supreme Court’s oversight powers. The proposals include:
Government Appointments: Granting the Israeli government sole authority to appoint judges and prosecutors.
Ministry Appointments: Allowing government ministries to select their legal advisors.
Basic Laws Limitation: Preventing the High Court of Justice from reviewing Israel’s 13 Basic Laws, which hold quasi-constitutional status.
Reduced Judicial Review: Restricting the judiciary’s ability to review laws and government decisions, including enabling the Knesset to override Supreme Court rulings with a simple majority.
If enacted, these reforms would significantly reduce checks and balances on the government’s actions, raising concerns about judicial independence.
Have Any Proposals Been Approved?
On July 24, 2023, Israel’s ruling coalition unanimously passed an amendment to Israel’s Basic Law: The Judiciary. This amendment eliminated “reasonableness” as a basis for courts to challenge government decisions. Previously, courts could scrutinize government decisions if they were found to be “unreasonable.” This change stripped the courts of a crucial tool for challenging arbitrary or discriminatory decisions.
Whose Rights Does Israel’s Judiciary Protect?
The Israeli judiciary has not consistently protected the rights of all its citizens. Notably, it has played a role in enforcing and maintaining apartheid against Palestinians. The Supreme Court has approved the demolition of Palestinian homes, upheld administrative detention orders, and supported policies that violate Palestinian rights.
How Does This Relate to Apartheid?
Israel’s judiciary has, in some instances, provided legal backing for violations of international law, contributing to the apartheid system. By allowing such violations, the judiciary has legitimized actions that constitute war crimes and crimes against humanity, perpetuating the system of apartheid.
What Would the Overhaul Mean for Palestinians?
The planned overhaul could worsen the situation for Palestinians. While the Supreme Court has occasionally offered limited protection for Palestinian rights, removing judicial oversight could erode even this minimal safeguard.
Why Is Judicial Independence Important?
Judicial independence is a fundamental principle in human rights law. All individuals have the right to a fair trial before an independent and impartial tribunal. A government with unchecked power can undermine this principle, potentially consolidating power, disregarding laws, and suppressing political opponents.
What Is Amnesty International Calling For?
Amnesty International calls for the abandonment of the judicial overhaul and respect for the rights of protesters. It stresses the importance of addressing Palestinian suffering and dismantling the apartheid system. The international community must hold Israel accountable for its violations and press for comprehensive reforms that uphold human rights standards for all.