Israel’s Supreme Court delivers serious blow to Prime Minister Netanyahu

By Mayank Chhaya –

In the midst of a war that is not going well at all for Israel’s Prime Minister Benjamin Netanyahu in terms of its international optics, he has been delivered a serious political blow by the country’s Supreme Court. 

In rejecting 8 to 7 Netanyahu and his ultra right-wing Likud Party government’s controversial attempts to restrict the court’s powers, the Supreme Court has potentially reignited an issue that nearly overthrew him in the long but unrelated runup to the war against Hamas. 

The court ruling striking down a law passed by the Netanyahu government curtailing the court’s powers is fraught with the demand for his ouster gaining fresh ground, especially in light of the increasingly untenable invasion of Gaza. In the runup to the passage of the law, Israel witnessed extraordinary mass protests against the proposed move generally and Netanyahu particularly. There are those in Israel who believe that had it not been for the Hamas’s unprecedented attack on the country on October 7, Netanyahu was staring into the political abyss. 

The Likud Party was quoted as saying in a statement about the court’s remarkable ruling that it was “in opposition to the nation’s desire for unity, especially in a time of war.” The party also denounced the court for the ruling at a time when the country’s soldiers are “fighting and endangering themselves in battle.” 

The court verdict followed some drama as a draft ruling was leaked and published by a section of the media indicating the law was likely to be struck down by a narrow margin. Apparently, the intention of the leak was to delay publication of the verdict on account of the ongoing war.   

Netanyahu and his conservative supporters have argued that the court was seriously overstepping its bounds in matters that were the prerogative of the executive and legislature. However, the court countered it citing a reasonableness clause that it developed to review decisions of the executive. It was particularly triggered by the appointment as finance minister of Netanyahu’s political ally who had been convicted of tax fraud. 

The Supreme Court verdict is a serious setback for the prime minister already deeply embattled not just by the ongoing war but a distinct downward slide in his relations with Washington who under President Joe Biden has in recent weeks grown quite uncomfortable with the indiscriminate killings of civilians in Gaza, particularly women and children. There are clear tensions between the two governments.  

It is in this context that the Israeli military’s decision on Monday to begin withdrawing several thousand troops from the Gaza Strip temporarily is being viewed even though there may not be a direct connection. 

A semblance of unity that the Hamas attack created in the country is expected to be tested severely all over again after the court ruling. That could have an adverse consequence for Netanyahu when elections are held soon.  

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