Brendan Machado

May 3, 2023

Israel is seen as the linchpin of democracy in the Middle East. As one of the few remaining democracies in the region, it serves as an important ally for many countries, including the United States. Through the conflicts with Palestine and the various tensions with other countries in the region, the U.S. has stood by Israel’s side.

However, Israel has surprised the world with its new right-wing government. This new government has emerged under returning Prime Minister, Benjamin Netanyahu. Netanyahu, along with his deputies, has proposed new rules that would dramatically weaken the Supreme Court’s authority, which has sparked massive protests across Israel. Adding onto this, attacks have become more frequent due to the escalation in the Israeli-Palestinian conflict. This has made other governments, chiefly the U.S., apprehensive of Israel’s condition under the new government.[i]

One of Netanyahu’s proposed reforms would overhaul the process for selecting judges. Currently a committee composed of three Supreme Court justices, two representatives of the Bar association, two government ministers, and two members of Parliament, normally including one member from the opposition, select judges. The proposal would increase the number of government representatives and appointees on the board, effectively giving the government the power to choose judges. Another proposal would allow Parliament to override any decision made by the courts with a simple majority vote, 61 out of 120.[ii]

Netanyahu’s proposals would drive the country further into an autocracy and lessen the democratic ideals of the country. Israel relies on the courts heavily to adjudicate on all matters, from settlement operations to rights for Palestinian citizens. Unlike other countries, Israel has no constitution, so the courts are one of the only pillars checking the Parliament and government. Overriding the authority of the courts to further control the government sets the country down a dangerous path to autocracy. If the courts are gone, there is no constitution on which to base new rules or regulations, preventing any major changes from happening in the future.[iii]

The U.S. is Israel’s most important ally, holding the most influence in the country and the region. For many years, the U.S. has sent billions of dollars in aid and has blocked United Nations Security Council resolutions that condemn Israel, stemming from the United States’ need to maintain a presence in the region. Although Israel has historically been the most democratic and a long-term ally, President Biden recently expressed his disappointment with Prime Minister Netanyahu’s proposed court reforms. If the U.S. wants to further maintain influence in the region, it must maintain Israel as a partner. However, if Israel is verging on an autocracy, the U.S. must intercede to maintain its vital democratic partner in the hostile region.[iv] 

For these reasons, the U.S. should use its oversized influence to provide peace and security to the Israeli citizens, through new sanctions and policies detailing punishments for the Israeli government for its undemocratic and unpeaceful actions. The first step should be a resolution from Congress condemning the new rules and supporting the protests. This will send Israel the message that the U.S. does not support the proposed rule changes and is not afraid to intercede. Then, if Israel continues to press the rule changes forward, the U.S. should threaten to withhold support. Since World War Two, Israel has received the most foreign aid, including $3.8 billion dollars in 2020.[v] Israel relies on this money to maintain its military, and, if the U.S. threatened to withhold support, Israel would have to give up on its undemocratic rules. The U.S. should do everything it can to keep Israel from becoming an autocracy, so Israel can remain the shining light of democracy in the region.

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Image from the World Economic Forum via Flickr under Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Generic license (https://www.flickr.com/photos/worldeconomicforum/26023967788)

[i] Chappell, Bill, and Daniel Estrin. “Here’s Why Netanyahu’s Court Overhaul, Now on Hold, Brought Israel to the Brink.” NPR. NPR, March 27, 2023. https://www.npr.org/2023/03/27/1166200532/israel-civil-war-netanyahu-court-control.

[ii] Kershner, Patrick Kingsley and Isabel. “The Israeli Government’s Plan to Overhaul the Judiciary: What to Know.” The New York Times. The New York Times, March 29, 2023. https://www.nytimes.com/article/israeli-judicial-overhaul.html.

[iii] Simon, Scott. “Israel’s Lack of a Constitution Makes an Independent Judiciary Crucial for Democracy.” NPR. NPR, April 1, 2023. https://www.npr.org/2023/04/01/1167587396/israels-lack-of-a-constitution-makes-an-independent-judiciary-crucial-for-democr.

[iv] Beauchamp, Zack. “Why the US Has the Most pro-Israel Foreign Policy in the World.” Vox. Vox, July 24, 2014. https://www.vox.com/2014/7/24/5929705/us-israel-friends.

[v] Horton, Jake. “Israel-Gaza: How Much Money Does Israel Get from the US?” BBC News. BBC, May 24, 2021. https://www.bbc.com/news/57170576.