The Supreme Court's decision to reject all the petitions submitted against the nation-state law was unanimous, with one dissension. But that one put a heavy shadow over the ruling by the expanded panel, because all the justices who rejected the petitions were Jewish, and he is an Arab.
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It could be that this is what the whole story comes down to. Justice George Karra is one of the most esteemed justices in Israel. The fact that he found himself alone against the offensive, discriminatory, and needless law is saddening to anyone who believes that Jews and Arabs will always live together in our Jewish-democratic state.
What is the real story? The petitions should have been accepted, because this law has no place on our books. If at all, the wording that Benny Begin suggested a few years ago for the Basic Law: The Nation could have answered many of the points that give haters of Israel a tailwind. But most of the justices gave the law an interpretation that neutralized its needles (having to do with language, settlement, etc) rather than debating with the Knesset and determining that it, or parts of it, were unconstitutional. Karra could not have taken part in that game because at the end of the day, the basic law remained as it was, and a different Supreme Court panel could interpret it entirely differently. He stayed on his own, with his own justice.
I don't know Dr. Eyal Hulata, whom Prime Minister Bennett has decided to appoint as head of the National Security Council. He comes to this important role from high-ranking positions in the Mossad, and his CV points to a brilliant man who has served in key roles like head of the Mossad's strategic planning and technology departments. Among other things, he has been awarded the Israel Defense Prize. What appears odd to me is the criticism about him not having come up through the ranks of the Mossad operations.
The job of the council, and its leader, is to take in all the intelligence and all the positions of political and defense players and present decision makers – the prime minister, first of all – with a broad picture along with recommendations about possible courses of action. It is also to examine the serious problems with which Israel has long since been grappling, and suggest appropriate solutions (such as what to do about the Bedouin population, for example).
I remember many meetings of the Knesset Foreign Affairs and Defense Committee about a law to establish the National Security Council. Among other things, we discussed who would lead the council, and most members thought that there was no need to stipulate that the role be reserved for defense and security officials. There was even a suggestion that if the council head was not a veteran of the security forces, he or she would have a deputy who was. That suggestion was not accepted.
The role needs to be filled by a wise, experienced person who is well-versed in political and security challenges and can guarantee good relations with all the relevant systems, without being their spokesperson and without automatically taking their suggestions. And mainly, it needs to be someone who can stand up to the person who appointed him and argue with him.
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