An Israeli Scandal Involving Judicial Appointments Results from a Fundamentally Flawed System

Jan. 18 2019

Dominating Israeli headlines this week was the arrest of Effi Naveh, the head of the Israeli Bar Association, on suspicion of bartering judicial appointments for sex. In Israel, a nine-member panel—in which the head of the Bar Association sits ex officio—is responsible for the selection of all the countries’ judges. The panel’s other members are three sitting Supreme Court justices, another representative of the Bar Association, the justice minister, and three other Knesset members. Yitzḥak Ram argues that this system, intended to depoliticize the judicial system, in fact fosters corruption:

When such immense power is put into the hands of so very few, corruption becomes probable. . . . In democratic societies, [however], mechanisms are created to limit and monitor the government, to mitigate the concerns over potential corruption. One of these mechanisms is transparency. Sunlight, according to the former U.S. Supreme Court justice Louis Brandeis, is the best disinfectant. [But] the judicial-selection committee is the civilian body most shielded from the sunlight. Its hearings are closed and its protocols secret. In 2008, then-Justice [and now chief justice] Esther Ḥayut ruled that the judicial-selection committee was not a “public authority” under the Freedom of Information Law, and therefore was not bound by it. [Ḥayut also co-chairs the selection committee] . . .

The concentration of power in the hands of a small committee that operates behind a thick curtain is an invitation for corruption, nepotism, cronyism, and other underhanded dealings. . . . [Its] makeup gives the judges a built-in advantage: they constitute one-third of the committee; they don’t have to deal with a coalition or an opposition; and they vote as one. . . . Due to the “you scratch my back and I’ll scratch yours” system, uniformity of thought has pervaded the Supreme Court, such that its monopoly over legal interpretation and principles has become almost entirely hegemonic. . . .

The system itself has to be changed: this pernicious committee has to be terminated. appointment power must be taken away from the judges, and judges should be appointed by elected officials in an open and transparent process, per the norm in Western democracies.

Read more at Israel Hayom

More about: Israel & Zionism, Israeli politics, Supreme Court of Israel

Israel Must Act Swiftly to Defeat Hamas

On Monday night, the IDF struck a group of Hamas operatives near the Nasser hospital in Khan Yunis, the main city in southern Gaza. The very fact of this attack was reassuring, as it suggested that the release of Edan Alexander didn’t come with restraints on Israeli military activity. Then, yesterday afternoon, Israeli jets carried out another, larger attack on Khan Yunis, hitting a site where it believed Mohammad Sinwar, the head of Hamas in Gaza, to be hiding. The IDF has not yet confirmed that he was present. There is some hope that the death of Sinwar—who replaced his older brother Yahya after he was killed last year—could have a debilitating effect on Hamas.

Meanwhile, Donald Trump is visiting the Persian Gulf, and it’s unclear how his diplomatic efforts there will affect Israel, its war with Hamas, and Iran. For its part, Jerusalem has committed to resume full-scale operations in Gaza after President Trump returns to the U.S. But, Gabi Simoni and Erez Winner explain, Israel does not have unlimited time to defeat Hamas:

Israel faces persistent security challenges across multiple fronts—Iran, the West Bank, Yemen, Syria, and Lebanon—all demanding significant military resources, especially during periods of escalation. . . . Failing to achieve a decisive victory not only prolongs the conflict but also drains national resources and threatens Israel’s ability to obtain its strategic goals.

Only a swift, forceful military campaign can achieve the war’s objectives: securing the hostages’ release, ensuring Israeli citizens’ safety, and preventing future kidnappings. Avoiding such action won’t just prolong the suffering of the hostages and deepen public uncertainty—it will also drain national resources and weaken Israel’s standing in the region and beyond.

We recommend launching an intense military operation in Gaza without delay, with clear, measurable objectives—crippling Hamas’s military and governance capabilities and securing the release of hostages. Such a campaign should combine military pressure with indirect negotiations, maximizing the chances of a successful outcome while minimizing risks.

Crucially, the operation must be closely coordinated with the United States and moderate Arab states to reduce international pressure and preserve the gains of regional alliances.

Read more at Jerusalem Institute for Strategy and Security

More about: Gaza War 2023, Hamas, Israeli strategy