The decision by Israel’s Supreme Court to strike down a controversial legal amendment that the government of Prime Minister Benjamin Netanyahu had pushed through in July poses the latest challenge for the country’s embattled leader, with consequences for the war on Gaza. The law under question is part of a set of legislations that represents a widely unpopular attempt at limiting the powers of the judiciary by Mr Netanyahu’s far-Right government. Tens of thousands of Israeli citizens have taken to the country’s streets in near-daily protests for months, accusing their prime minister of trying to weaken safeguards against executive power excesses at a time when he faces corruption allegations in the nation’s courts. Israel does not have a Constitution; a set of so-called Basic Laws serve as the country’s foundational legal documents. The Supreme Court has had the power to overrule new laws that it believes do not meet the criteria of “reasonableness”, serving as a check against government and legislative overreach. The law passed in July scrapped this power. By striking down the law, the Supreme Court has emboldened citizens who have argued that Mr Netanyahu is trying to undermine democracy in Israel.
The next few days will reveal how and to what extent this judicial ruling impacts the war in which Israel has killed more than 22,000 Palestinians in Gaza, including more than 8,000 children, displaced almost all of the besieged enclave’s 2.3 million people, and destroyed hundreds of thousands of homes. Mr Netanyahu’s law minister has suggested that the government might ignore the Supreme Court order. But within the prime minister’s war cabinet, the former defence minister, Benny Gantz, has called for the verdict to be respected. The current defence minister, Yoav Gallant, has been opposed to the judicial overhaul and was even sacked briefly over his dissent. At the same time, Mr Netanyahu’s popularity remains at rock bottom. He is seen by many in Israel as being responsible for the failures that allowed Hamas militants to enter southern Israel on October 7, kill nearly 1,200 people, and take 200 hostages. Until now, Mr Netanyahu has used the war to give his continued stay in power some legitimacy. If he is tempted to escalate the conflict further, through acts like the bombing in Beirut, Lebanon, the world must step in. The war must end. And, if the people of Israel want it, so must Mr Netanyahu’s stint as prime minister.
