Israel's reasonableness standard law takes effect amid protests

With the passing of the reasonableness standard bill on Monday, leaders on both sides of the debate have indicated that they believe that it is a non-decisive battle in a longer war. 

The next bill that the coalition will likely promote, if negotiations don't resume as Prime Minister Benjamin Netanyahu proposed on Monday night, is on the Judicial Selection Committee. 

The Judicial Selection Committee is perhaps the most contentious issue of judicial reform, a matter where experts, NGOs and negotiating parties have said were unable to even approach consensus.

Protests in Jerusalem kicked off early on Monday morning as the reasonableness bill was still being debated in Knesset. 

At 7:00 a.m., a small group of demonstrators was seen outside the home of Likud MK Nir Barkat in Jerusalem, singing and chanting.

Police subsequently arrived on the scene to remove them and ultimately arrested three protesters for disturbing the peace. 

In the coming days, Israel’s parliament is due to vote on a measure that, advocates on both sides say, will determine the country’s fate — or whether it can even survive.

It isn’t a peace deal or an attempt to unseat Israeli Prime Minister Benjamin Netanyahu. What it will do, if passed, is bar the Supreme Court from striking down government decisions it deems “unreasonable.” 

BIG Shopping Centers, Azrieli Malls, Shufersal, Fox, and Israeli banks announced on Sunday they are among the 150 companies belonging to the Business Forum which are planning to strike on Monday against the judicial reform. 

 
However, food and convenience stores, as well as banks, will remain open today despite the Business Forum's declaration of a strike. These establishments are defined as "essential enterprises". 

US President Joe Biden has revealed that he is very concerned about the expected vote on Monday in the Knesset regarding the bill to repeal the reasonableness clause, in its second and third reading.

In a statement that the US president conveyed to Walla!, he called on Prime Minister Benjamin Netanyahu not to proceed with the legislation in its current form. 

The Knesset is continuing to discuss the reasonableness standard bill on Monday morning, ahead of the vote in its second and third readings. 

The business forum, comprised of around 150 Israeli companies, declared on Sunday night a plan to strike on Monday. 

Opposition leader Yair Lapid agreed to a compromise proposal presented by President Isaac Herzog on Sunday which would see the government freezing judicial reform legislation for 15 months, according to Ynet.

Herzog is expected to meet with National Unity party head Benny Gantz later in the evening. According to the report, the only hurdle remaining is a refusal by the Likud to freeze the legislation for more than three months.

Former president and former Likud MK Reuven Rivlin spoke before tens of thousands of anti-judicial reform protesters in Jerusalem on Sunday evening, stressing that "we have 24 hours to save our wonderful country" and calling on Prime Minister Benjamin Netanyahu to show leadership.

Rivlin read parts of the Declaration of Independence at the protest as well, focusing on parts discussing the commitment to provide "complete quality" for all Israeli citizens, irrespective of religion, race, or sex. The former president stressed that everyone took part in forming the Declaration of Independence, despite the many disagreements in Israeli society at the time.

Rivlin noted that despite attempts to form a constitution, the founders failed to do so "because we knew that there was a High Court that would interpret the laws in accordance with the constitution we had already written: the Declaration of Independence."

"Even 120 MKs cannot change the State of Israel as the Jewish state in which there are equal rights for all citizens. Even if 120 MKs suddenly come and say 'the State of Israel will not be democratic, it won't help them. The State of Israel was built as a Jewish and democratic state, no less Jewish than democratic and no less democratic than Jewish.

"I did not come to incite against anyone, rather I came to share in the effort with our people in order to save ourselves from the worst moment in our nation's history. Our role is to see if, within the next 24 hours, we can save our wonderful country in which I merited to see the flag of Israel rise to the top of the staff when was besieged and we celebrated the first Independence Day on May 15, 1948."

Anti-judicial reform protesters march toward the Knesset ahead of the vote on the reasonableness standard bill. July 23, 2023 (credit: MARC ISRAEL SELLEM)

After protesters booed when he mentioned Netanyahu, Rivlin stated "Let's save the country first, afterwards we can settle accounts."

"Not all criticism is incitement," added Rivlin. "Not all criticism of the justice system is incitement. Not all criticism of the government is incitement. Not all criticism of the government is harmful to the foundations of democracy. But my fellows, my brothers, it could be that we think one way or another, but we are brothers, we are brothers whether want or we want even more. We are brothers and our fate is shared."

"The most important thing is that there be built-in review, such that holds a discussion and does not force hands or make 'salads before the meal.' Because criticism that tries to issue threats will have its end in weakening all three branches of government and harming Israel's democracy."

Rivlin says he believes reservists suspending volunteer service will show up when needed

The former president also referred to attacks by coalition members on reservist volunteers who have announced that they will be suspending or ending the volunteer service.

"I ask you to join me in asking for forgiveness from our incredible soldiers and pilots. I want to say as a veteran of battles in the IDF that these good ones did not deserve to hear what they heard. I am one of those who is against not going to serve because the IDF is ours and we are the IDF's. I know that the moment that there is an order they will all arrive to serve. Maybe they don't know, but I know. They will come, and they will protect, and they will do everything they can."

Rivlin additionally addressed Netanyahu, calling on the prime minister to stop the judicial reform legislation.

"The crisis today is with no doubt severe and significant and there is only one man at this point who can prevent this disaster from hitting our precious state. This man is one of the leaders of Israel and his name is Benjamin Netanyahu."

"Bibi, everyone here wants you to go home, but I know who on such a fateful day can save the country," added Rivlin. "Forget each one of us. Forget the personal issue. You, Bibi, who sees yourself as one who rose above [former prime minister David] Ben-Gurion, you see yourself as a Jewish leader who is possibly as big as Moses. But a leader has a role, and if you are a leader, save this country from a situation in which we could end up in a civil war."

"There is much to do, to form a constitution or pass the Basic Law: Legislation, forget about the rest and deal with the central issue which is so important to our country and can prevent a terrible disaster in our society, our nation. You who see yourself as a leader, please immediately halt all the legislation and let's carry out together the things needed in order to bring about salvation for the nation."

The protests against the judicial reform in Jerusalem are expected to continue on Monday, with a march from tents set up in Gan Sacher to the Knesset in the early morning and additional protests in front of the Knesset and in Gan Sacher throughout the day.

Anti-judicial reform protesters held a march on the Brooklyn Bridge in New York on Sunday, in parallel to similar protests taking place in Israel.

Israeli Democracy on Brooklyn Bridge 7/23/23 pic.twitter.com/K5BjTPM8R9

— Christopher Leon Johnson(Leon Christopher Johnson) (@Chrislejohnyc) July 23, 2023