“Massive Protests Erupt as Israeli Parliament Curtails Supreme Court’s Powers, Straining US-Israel Relations”

On July 24, 2023, the Israeli Parliament passed a highly contentious and controversial law aimed at curbing the powers of the Supreme Court and its authority to overturn government ministers’ policies. This move has raised concerns among many in Israel as the Supreme Court has been the primary check and balance on governmental power in the country. Massive protests have erupted in response to the perceived danger of an all-powerful executive, with demonstrators viewing the measure as a threat to democratic principles and fearing a shift towards a far-right ideology that could lead to a more dogmatic and conservative Israel.

The Biden administration expressed its disappointment over the decision and urged Prime Minister Benjamin Netanyahu to seek broad political consensus on the matter. While the US remains committed to Israel, this move has strained relations between Netanyahu and President Biden. The White House publicly criticized the judicial reform, calling it divisive in a statement to Axios.

However, the Biden administration is unlikely to significantly alter its policy towards Israel due to ongoing geopolitical changes influenced by the war in Ukraine. The competition between the West, China, and Russia for influence in Africa and the Middle East may force the United States to accept developments in Israel, even if they raise concerns about losing influence in the region.

China has been actively pursuing diplomatic ties in the region, challenging US influence. They have made notable progress in establishing relations with Saudi Arabia and the UAE and have also approached both Israelis and Palestinians to foster stronger ties with Israel, known for its technology and innovation hub. Historically, the US has used its influence over Israel to prevent the sale or transfer of vital technology to China. However, policymakers are aware that alienating Israel could jeopardize their leverage and Israel’s position as a pivotal US ally in the Middle East. Therefore, while the US will voice its concerns over the recent developments in Israel, it is unlikely to coerce Netanyahu’s administration into changing course.

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The Biden Administration can leverage the widespread discontent within Israeli society to encourage Prime Minister Netanyahu to reconsider the judicial reforms. In early 2023, massive protests in Israel forced Netanyahu to halt similar policy changes temporarily. The US can signal its displeasure by reminding Israel of the billions of dollars in military aid it provides. Though the US is not likely to withdraw military aid, the increasingly divided US public opinion towards Israel and criticism of human rights abuses can put pressure on Israeli leadership. Netanyahu cannot afford to lose support from both sides of the aisle.

It’s worth noting that President Herzog of Israel previously proposed reforms to ensure the independence of the judiciary, which were dismissed by the Prime Minister. Though his role is mostly ceremonial, Herzog’s influence over opposition groups remains noteworthy. In a White House meeting between President Herzog and President Biden on the same day as the judicial reform, Biden emphasized the importance of dialogue and compromise on the matter. The United States should continue to support Herzog’s efforts to find common ground with Netanyahu’s coalition to implement judicial changes that respect the principles of an independent judiciary.

Without the checks and balances provided by the Supreme Court, the current far-right government in Israel may pursue policies that infringe upon international standards, potentially including the annexation of the West Bank and a deterioration of minority rights. Policymakers on both sides of the aisle in the US should take a stand against any potential annexation of the West Bank, emphasizing that such actions would violate international norms and carry consequences.