Israel’s Judicial Overhaul Plans and Its Implications for Palestinians
5:54 a.m. ET, March 27, 2023
(Mostafa Alkharouf/Anadolu Agency/Getty Images)
Israel’s planned judicial overhaul would give the Knesset, the country’s parliament, and the parties in power more control over the judiciary. The proposed changes would be the most significant shakeups since the judiciary’s founding in 1948. They include allowing parliament to overturn Supreme Court decisions, selecting judges, and limiting the laws the Supreme Court can rule on.
Implications for Palestinians
Weakening the judiciary could limit both Israelis and Palestinians in seeking the court’s defense of their rights if they believe they are compromised by the government.
The changes could affect Palestinians in the occupied West Bank, and specifically Palestinian citizens of Israel or those who hold residency cards. Israel’s Supreme Court does not have jurisdiction over the Gaza Strip, controlled by Hamas, a Palestinian militant group.
Critics of the overhaul worry that giving politicians more control could have a negative impact on the rights of minorities in Israel, especially Palestinians living within Israel. For example, last year, the court stopped the eviction of Palestinian families living in Sheikh Jarrah in East Jerusalem, where Jewish groups had claimed ownership of lands for decades.
On the other hand, Palestinian activists argue that the high court has further entrenched Israel’s occupation of the West Bank. Until now, the court has never considered the legality of Israeli settlements in the West Bank, despite most of the international community considering them illegal.
Meanwhile, Israel’s far-right and settlers have also criticized the high court, describing it as biased against settlers. They have condemned the court’s decision to approve the eviction of settlers from Gaza and the Northern West Bank in 2005.