Judicial reform: ‘Justice, justice shall you pursue’

Peloni:  As I stated before, Judicial Reform is an immediate and existential necessity which must be implemented as soon as possible.

For years, the left has rallied around the idea that Netanyahu is the problem. The truth reveals a justice system that has become a law unto itself.

Avi Abelow | Sept 6, 2024

Anti-overhaul activists marching in Safed towards Rosh Pina as part of the protests against the Israeli government’s judicial overhaul, Sept. 7, 2023. Photo by David Cohen/Flash90.

Israeli journalist Amit Segal ran an exposé on TV earlier this week about a major scandal in the justice system, highlighting many illegal actions and the political/ideological motives within the highest seats of Israel’s justice system.

By contrast, Israel’s mainstream media and Jewish publications around the globe have pushed the narrative that Israel’s justice system is under siege by the religious, right-wing political camp. Over the years, this narrative has been carefully crafted to frame any criticism or call for reform as “an assault on democracy itself.”

But the real picture is far more complex—and far more disturbing.

The boiling point in this manufactured crisis came with Israeli Justice Minister Yariv Levin’s proposed judicial reform plan. The immediate and intense backlash from the so-called “enlightened defenders of democracy” led to massive protests across the country, sparking a movement that ultimately compromised Israel’s security. In their zeal to block the reforms, the protesters were able to do what Israel’s most dangerous enemies could not: They weakened the Israel Defense Forces from within, shaking its readiness in the eyes of our enemies, Iran, Hamas and the entire Iranian terror octopus. This apparent fragility, magnified by internal division, enticed the Iranian terror network, in their own words, to carry out their premeditated infiltration and massacre on Oct. 7. While the protesters were claiming the moral high ground, Israel’s enemies saw vulnerability and struck, resulting in Israeli society paying an extremely high and painful price—one we’re still paying with captives remaining in Gaza and too many fallen soldiers.

But here’s the irony: It’s not only the religious or right-wing politicians who have sought to reform Israel’s justice system. In fact, for decades, ministers from across the political spectrum have tried to address its deep-rooted issues. The first to attempt such a reform was Likud appointee Yaakov Neeman, but before he could even take office, the justice system concocted charges against him, torpedoing his appointment. The establishment wouldn’t tolerate changes that would threaten their hold on power.

Next came Labor Justice Minister Haim Ramon, a left-wing rising star. Ramon was on the verge of pushing significant reforms until the justice system removed him over an incident of him kissing an employee. The charges were enough to end his political career. Next was professor Daniel Friedman, a respected and apolitical figure appointed by then-Prime Minister Ehud Olmert, a member of the centrist Kadima Party—celebrated by the left for implementing its policy of dismantling all 21 Jewish communities in Gaza. Yet Friedman’s attempts at reform were similarly blocked by the justice system, which again moved to protect its unchecked authority.

This pattern exposes a deeply disturbing truth: the Israeli justice system—cloaked in the language of law and fairness—has acted time and again to shield itself from reform regardless of the source of those reforms, be it from the right, the center or left. How ironic that the same forces who label Netanyahu a dictator for daring to criticize the courts have systematically neutralized any and all meaningful attempts at reform.

It is obvious that Netanyahu has always been their main target. Every year, without fail, a new investigation, a new scandal and a new protest movement arise, all aiming to topple him. I remember the first major investigation launched against him in 1997, shortly after he became prime minister. After nearly three decades and millions in taxpayer money spent on investigations that went around the world, what have they found? Nothing substantial. Some cases were dropped outright, while others, including the current ones, are crumbling in court, revealing the corrupt and even illegal methods used by the justice system to bring Netanyahu down.

With each passing day, it becomes clear that it’s not Netanyahu who is corrupt. The real corruption lies within the very judicial system that claims to defend democracy. The latest bombshell reported by Segal confirms this with recordings that reveal how former justice officials hid their political and ideological interests behind a veil of legal jargon.

These revelations strike at the heart of the so-called “enlightened” protest camp that has been duped into believing they are fighting to save democracy. Instead, they have supported a corrupt, self-serving system that has abused its power for decades.

There’s more. Nepotism is rampant within the justice system, and numerous relatives of senior officials are in positions they would forbid anywhere else in the public sector. The judiciary is rife with conflicts of interest, as judges who must be impartial refuse to recuse themselves from cases involving friends or family. With the justice system stopping every effort for proper oversight, this entrenched network of power ensures that the status quo remains unchallenged and any efforts at reform are swiftly neutralized.

On top of that, it has been our own justice system that has stopped the IDF from taking necessary military actions to protect Israeli lives—the current example being the Philadelphi corridor. Before the 2005 disengagement, when the IDF controlled the corridor, the IDF planned to destroy Arab homes used in attacks against soldiers. The Israeli Supreme Court disallowed it. One other glaring example of injustice in the name of the law happened when the IDF planned to destroy an Arab home used by terrorists near a road in central Gush Katif. Again, the Supreme Court did not allow it. Shortly afterward, Tali Hatuel and her four young daughters were murdered by the terrorists who were hiding in that house.

Since the horrors of Oct. 7, many Israelis have begun to understand how unjust and destructive our legal system has become, including, for example, the shocking restrictions imposed on our soldiers during battle. According to media reports, soldiers are forbidden from shooting terrorists unless they are “officially associated with Hamas.” This absurd rule persists despite clear video footage from Oct. 7 that clearly shows so-called “noncombatants” participating in the massacre, kidnappings and captivity of innocent Israelis. Our soldiers’ hands are tied, as they are only allowed to target those formally identified as Hamas members.

Worse, the Attorney General’s Office wants to prosecute Israeli individuals, heroes who took action on Oct. 7 when the army wasn’t there to protect our citizens. The office has targeted these brave individuals who acted without receiving orders, saving lives when the military failed to act. Rather than being protected by it, the legal system is being used against them.

In perhaps the most twisted and outrageous actions of all, investigators are calling released terrorists in Gaza to question them about their time in an Israeli prison after a jailed terrorist claimed IDF soldiers had raped him. This resulted in the arrest of 10 IDF reserve soldiers accused of rape based solely on the word of one barbaric Hamas member, with zero proof. This baseless accusation spread like wildfire around the world, tarnishing the reputation of Israel and the IDF on the world stage and infuriating the Israeli public. Our own legal system launched the equivalent of a legal blood libel against our own heroic soldiers.

More Israelis are waking up to the truth and beginning to see that Levin’s judicial reform is not an attack on democracy, but an essential step towards restoring integrity and fairness in Israel’s justice system. The systematic corruption and bias are too obvious to ignore any longer. For years, the left has rallied around the idea that Netanyahu is the problem, but as the truth starts to surface it reveals a justice system that has become a law unto itself.

There is no better time to reflect on our system of laws and judges. This week, Jews worldwide will read the Torah portion of Shoftim, which literally means judges. One of the key phrases used by the courts comes from this portion: “Tzedek tzedek tirdof. Justice, justice shall you pursue.” The word ”justice” is written twice, explains the biblical commentator Rashi, to emphasize the challenge to truly enforce justice, especially for a judge who is powerful and may be easily compromised.

Today, we need our public voice, including our media, to heed the call for justice by beginning to question the justice being meted out by the current system. True justice in Israel requires reform—reform that ensures that the law is no longer twisted for political or ideological purposes but applied fairly and impartially for the benefit of all Israelis.