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

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

For the Sake of Gaza, Defeat Hamas Soon

For some time, opponents of U.S support for Israel have been urging the White House to end the war in Gaza, or simply calling for a ceasefire. Douglas Feith and Lewis Libby consider what such a result would actually entail:

Ending the war immediately would allow Hamas to survive and retain military and governing power. Leaving it in the area containing the Sinai-Gaza smuggling routes would ensure that Hamas can rearm. This is why Hamas leaders now plead for a ceasefire. A ceasefire will provide some relief for Gazans today, but a prolonged ceasefire will preserve Hamas’s bloody oppression of Gaza and make future wars with Israel inevitable.

For most Gazans, even when there is no hot war, Hamas’s dictatorship is a nightmarish tyranny. Hamas rule features the torture and murder of regime opponents, official corruption, extremist indoctrination of children, and misery for the population in general. Hamas diverts foreign aid and other resources from proper uses; instead of improving life for the mass of the people, it uses the funds to fight against Palestinians and Israelis.

Moreover, a Hamas-affiliated website warned Gazans last month against cooperating with Israel in securing and delivering the truckloads of aid flowing into the Strip. It promised to deal with those who do with “an iron fist.” In other words, if Hamas remains in power, it will begin torturing, imprisoning, or murdering those it deems collaborators the moment the war ends. Thereafter, Hamas will begin planning its next attack on Israel:

Hamas’s goals are to overshadow the Palestinian Authority, win control of the West Bank, and establish Hamas leadership over the Palestinian revolution. Hamas’s ultimate aim is to spark a regional war to obliterate Israel and, as Hamas leaders steadfastly maintain, fulfill a Quranic vision of killing all Jews.

Hamas planned for corpses of Palestinian babies and mothers to serve as the mainspring of its October 7 war plan. Hamas calculated it could survive a war against a superior Israeli force and energize enemies of Israel around the world. The key to both aims was arranging for grievous Palestinian civilian losses. . . . That element of Hamas’s war plan is working impressively.

Read more at Commentary

More about: Gaza War 2023, Hamas, Joseph Biden