IBA adds voice to protests as Israel crisis deepens
The International Bar Association has added its voice to those protesting against the planned judicial reforms in Israel, as talks are understood to be taking place over whether to push ahead with the controversial measures.
IBA President Almudena Arpón de Mendívil Aldama said the organisation was "profoundly concerned" over the proposals, which would give Government representatives a dominant say in appointments to the judiciary and allow the Parliament to override decisions of the Supreme Court, while restricting the ability of that court to review Government decisions.
Consideration has also been given to a proposal to strip the Israeli Bar Association of its function of licensing of lawyers, posing a threat to the independence of the legal profession.
"Israel has been recognised as a substantial upholder of the rule of law with a senior judiciary which is much admired globally. These changes will wholly undermine that proud position", the IBA statement said.
It added that while there is no single model for democracy and every state has its own ways of establishing checks and balances, "there are certain elements that are foundational to the separation of powers. This is particularly so for a state like Israel, with a unicameral legislature represented by the Knesset and a parliamentary system that can lead to the executive, namely the government of the day, having full control over the Knesset. Without a second chamber exercising control, and without a written constitution, the restraints on the majority are mostly entrusted to an independent judicial system. This is why the Israeli Supreme Court plays a pivotal role in constraining the executive from a potentially negative use of power".
The proposed reforms "would have the effect of completely dismantling both the external and internal checks on the executive", leaving it "free to use its power in a potentially arbitrary and discriminatory" manner.
Over the weekend Prime Minister Benjamin Netanyahu sacked his Defence Minister for calling for suspension of the package. Opposition has been mounting in the country, with tens of thousands of protesters on the streets and a wave of strikes by those who fear an effective dictatorship.
Mr Netanyahu is reported to be in talks with the leader of his far right coalition partners, who have threatened to walk out if the reforms are stalled.