海角大神

Israel鈥檚 deepening tug of war over identity

The crowds are chanting听demokratiya听鈥� democracy! And the immediate focus of the struggle听convulsing Israel is on moves by an unprecedentedly far-right government, sworn in seven听months ago, to neuter any judicial oversight of its actions.

But that tug-of-war is part of a deeper reckoning: over the country鈥檚 political, economic, social, and cultural identity.

It鈥檚 a contest between two broadly competing visions that won鈥檛 be easily resolved: a pluralistic, socially tolerant, outward-looking Israel; and a country more inward-looking, explicitly religious, and nationalistic.听

But the battle over the role of Israel鈥檚 Supreme Court has brought long-simmering tension between these starkly rival views of the country鈥檚 identity to the surface.

That explains the raw passion, and the iron determination to prevail, on both sides.听

It鈥檚 also why last week鈥檚 initial step to limit the power of the court 鈥� passage of a law barring the justices from striking down听decisions on the broadest of their litmus tests, 鈥渦nreasonableness鈥� 鈥� is just an opening skirmish.

An unparalleled crisis

With Israel鈥檚 parliament, the Knesset, now in summer recess, Prime Minister Benjamin Netanyahu is clearly hoping he听has weathered the worst of the popular pushback: weekly protests by hundreds of thousands of听Israelis, signs that Israel鈥檚 cutting-edge businesses may shift their funds and operations abroad,听and the move by members of elite air force and army units to stop reporting for reserve duty.

But while he is now in his sixth stint as prime minister, Mr. Netanyahu has never faced a challenge he听appears less equipped to control.听

That鈥檚 in part because his political rivals and much of the protest movement believe he has a听personal interest in reining in the judiciary: court cases he鈥檚 facing over charges of fraud, breach听of trust, and bribery, which he has denied.

Yet the main reason is that Mr. Netanyahu is not the main impetus behind the effort to gut听judicial oversight.

The driving force, and the reason the controversy has tapped into a more fundamental struggle听over Israel鈥檚 identity, is a handful of far-right coalition partners whom Mr. Netanyahu needs to retain his narrow Knesset majority and remain in power.

Two, in particular: Security Minister Itamar Ben-Gvir, convicted in an Israeli court for听incitement of anti-Arab racism; and Finance Minister Bezalel Smotrich, who has described听himself as a 鈥渇ascist homophobe鈥� and has backed the idea of banning Arab political parties and听segregating Arab women into separate maternity wards.

The agenda

Their agenda is to prioritize the interests of strictly Orthodox Jews over others in Israeli society: less observant Jews, LGBTQ+ citizens and other minority groups, and Arab citizens, who make up one-fifth of the听population. Then there听are the millions of Palestinians in the West Bank, territory听these ministers and their supporters are听determined to continue to听populate with Jewish settlers and make formally part of Israel.

Even without the key role of Mr. Ben-Gvir and Mr. Smotrich, the court changes would have likely听faced popular opposition.

Judicial oversight is important in all democracies. But it鈥檚 critical under Israel鈥檚 system.听Israel听lacks a written constitution. It has only a single parliamentary chamber,听unlike the United States or Britain.

The Supreme Court is the sole institutional check on a government鈥檚 power. And under the听full series of changes听being proposed, not only would the 鈥渞easonableness鈥� check be removed, the government would have a more direct say in picking the judges. And any court oversight听could be brushed aside, overridden by a simple Knesset majority.

But what has driven the unprecedented breadth and staying power of the protests is the prospect听of handing such unfettered power to this government, with the outsized influence of ministers听like Mr. Ben-Gvir and Mr. Smotrich.

Mr. Netanyahu will still hope he can find a way to navigate a way out of crisis when the Knesset reconvenes in September.

Yet as he found during fraught coalition discussions over last week鈥檚 initial Knesset vote on the听court changes, his far-right partners appear resolved to bring down the government rather than stop听short of wholly ending Supreme Court oversight.

Meanwhile, the court confirmed last week it would hear an appeal against the law striking down its听鈥渦nreasonableness鈥� standard, setting the hearing for September.

With tensions again building with the Iranian-backed army of Hezbollah,听across Israel鈥檚 northern听border in Lebanon, there鈥檚 also the additional prospect of armed conflict.听That could test听the resolve of听the hundreds of reservists who have vowed to stay away.

Still, there鈥檚 every sign that even those likely to pause that act of protest in the event of renewed conflict will take it up again when the guns fall silent.

More broadly, they're determined to challenge a vision of Israel they can't accept.

Amid the chants of 鈥渄emocracy,鈥� some of the protesters鈥� banners and T-shirts have carried a decidedly听more unwieldy slogan.

鈥淲e are loyal to the Declaration of Independence,鈥� it says. The reference is to the document听adopted in May 1948 as the state was proclaimed 鈥� long a touchstone for the court.

That founding text defined Israel as a Jewish state. Yet it also pledged to ensure 鈥渃omplete equality of social and听political rights to all its inhabitants irrespective of religion, race or sex鈥� and 鈥済uarantee freedom听of religion, conscience, language, education and culture.鈥�