Freddy Eytan

Amb. Freddy Eytan, a former Foreign Ministry senior adviser who served in Israel’s embassies in Paris and Brussels, was Israel’s first Ambassador to the Islamic Republic of Mauritania and a researcher at the Jerusalem Center for Security and Foreign Affairs

Dangerous standoff between executive, judicial powers

Today, more than ever, our enemies are rubbing their hands and rejoicing at how the political cancer is eating away at the Jewish state.

 

Three days after the dismissal of Shin Beit chief Ronen Bar, the Israeli cabinet voted on a motion of no confidence in his legal advisor, Gali Baharav-Miara. Following petitions, the High Court of Justice decided to freeze the dismissals to thoroughly examine this unprecedented case. For now, we do not know what steps will be taken and how the government will react if the Supreme Court decides to retain these two senior officials.

The standoff between the executive and judicial branches has suddenly escalated. It has provoked a public outcry and massive daily demonstrations in the streets of Tel Aviv and Jerusalem. This explosive situation threatens to spark violent clashes in public squares and weaken Israel's resilience in times of war.

For decades, Israeli society has been tragically divided, torn between right and left. This time, however, all sectors are affected by this divide: the IDF, the police, the Shin Beit, and the Mossad are not spared. These institutions are symbols of national cohesion and yet must be kept out of political discourse.

Already in January 2023, the judicial reform had provoked waves of popular protests. They were justified because for the first time, the sacrosanct nature of the Jewish nation, which had given humanity the Tablets of the Law, had been touched. The good faith of the judges in Jerusalem was questioned, and all those comfortably seated in the Supreme Court were deeply offended. This reform stung honorable judges, respected throughout the world. Fortunately, it was frozen.

This reform quickly turned into a universal debate, which proves that, beyond the Arab-Israeli conflict, Israeli democracy remains alive and a subject for reflection, a considerable asset for the free world.

Controversy is legitimate, but it must be conducted with respect and through dialogue, not through the force of diktat. It is always preferable to find solutions to address shortcomings. On this point, it is dangerous when all parties prefer to brandish the revolutionary banner. Everyone wants to be right but stubbornly refuses to respect their opponents and compromise. Passion prevails over reason.

Since Oct. 7, 2023, the IDF has been fighting on several fronts, and its military successes against the Islamists of Hamas and Hezbollah are the result of excellent intelligence. While the head of the Shin Beit is certainly responsible for the serious failings, he should have resigned the day after the terrible massacre. The witch hunt against him by politicians and those close to the government is unacceptable and revolting. How can one erase a glorious and flawless past spanning several decades of service to the state?

It should be noted that the Shin Beit is responsible for several missions related to Israel's security. Its services must collect information on subversive actions, thwart sabotage, gather intelligence on Israeli Arabs, and thwart espionage activities for Arab-Muslim countries, including Iran. The Shin Beit is also responsible for the personal security of the president and the prime minister and for the security of Israeli embassies around the world. Unlike foreign services, it also monitors security in Palestinian areas with the IDF, and it thwarts terrorist attacks every day.

The Shin Bet emblem bears the motto: "Magen velo Yeraheh." It has a dual meaning: Protector, shield, fearless and blameless, but also invisible. Courageously acting in secret in dangerous and forbidden areas.

The Shin Beit was founded on March 9, 1949. Since the first government of David Ben-Gurion, it has been under the supervision of the Prime Minister. This is a position of complete trust on the most sensitive issues of the state. Despite occasional differences with the head of government, the head of the Shin Beit generally carries out his duties without a word. In the 1950s, the head of the Shin Beit at the time, Isar Harel, left his post, slamming the door.

Israel is a parliamentary democracy founded on the principle of separation of powers. Thus, the cabinet must enjoy the confidence of the Knesset while respecting the independence of the judiciary, the courts, and the attorney general, who upholds the law. While the prosecutor is appointed by the government, just as the president is appointed by the Knesset, the attorney general acts independently of the political system.

Therefore, the procedure to force the dismissal of the current Attorney General is a purely political act and contrary to the fundamental principle of the separation of powers.

On the other hand, a prolonged civic revolt risks seriously undermining the pillars of Israeli democracy at a time when the nation is torn apart and our soldiers are fighting on multiple fronts. Let us never forget that our enemies are watching us closely. Today, more than ever, they are rubbing their hands and rejoicing at how the political cancer is eating away at the Jewish state.

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