Published: 20 June 2023
Last updated: 5 March 2024
The Court has issued an injunction requiring the Knesset to justify an amendment expanding national security powers.
Israeli civil rights organisations have won a 90-day stay of execution on an amendment to national security they claim breaches rights to freedom of expression and protest.
It comes as pressure builds from Likud MKs for the government to reintroduce its judicial overhaul, despite a major setback for the government’s plans last week.
The police power case is the latest in Israel’s civil crisis over the right-wing coalition’s attempt to impose government authority over courts, police and other civil institutions.
Police, the Attorney-General and the Shin Bet security service are also expected to oppose a proposal allowing detention of Israeli citizens for six months without trial amid a wave of Arab community killings
Expanding the use of administrative detention, as the Minister of National Security, Itamar Ben-Gvir, is seeking, has been criticised as unnecessary and infringing upon human rights.
Israel's High Court of Justice has issued an injunction ordering the government, the Knesset, and Ben-Gvir to explain within 90 days why the amendment to the Police Order, which grants Ben-Gvir the power to determine police policy, including in investigations, should not be repealed.
The meaning is that the High Court has found the petitioners’ arguments against the amendment persuasive, and now the burden of convincing the court not to repeal the amendment shifts to the respondents.
In December, the Knesset approved part of the bill, according to which the National Security Minister will guide the police’s policy and will be able to set its investigative policy.
The petitioners – including the Association for Civil Rights in Israel, the Labor Party and Yesh Atid – argued that the amendment to the police order is unconstitutional as it subjects the implementation of the rights of freedom of expression and of protest to a political actor.
READ MORE
Top court orders government to justify expanding far-right Ben-Gvir’s powers over Israel police (Haaretz)
Israel’s Attorney-General to object to Ben-Gvir's bill seeking power to detain Israelis (Haaretz)
Attorney-General Gali Baharav-Miara warns that the bill could create “a slippery slope” for Israel's Arab citizens, and “violate basic principles of Israeli law”.
Shin Bet said set to oppose bill granting Ben-Gvir administrative detention power (Times of Israel)
Police and Attorney-General also expected to oppose proposal allowing detention of Israeli citizens for six months without trial amid wave of Arab community killings.
Growing calls in Likud to resume overhaul push; Levin: ‘I’m more determined than ever’ (Times of Israel)
Netanyahu said making efforts to resume negotiations with opposition, as one ally warns that if reforms wither, ministers could quit en masse.
Israelis rally for democracy for 24th week in a row amid judicial overhaul talks blowup (Haaretz)
In Tel Aviv, the Judicial Appointments Committee took precedent, while in Haifa, former senior diplomat Alon Pinkas rails against the damage Netanyahu has done to US-Israel relations.
ANALYSIS
Haaretz Editorial | Israel's Path to a Ben-Gvir Police State (Haaretz)
Photo: National Security Minister Itamar Ben-Gvir at the Supreme Court in Jerusalem this month (Emil Salman)
