It used to be that defiance – willfully disobeying laws and rules – was an act relegated only to extreme elements of society who cared nothing about their reputation or accepting governance. Well, that may be changing.
In a recent poll conducted by JNS/Direct Polls, Israelis were asked if they would be willing to “defy the US administration’s wishes when it comes to Israel’s security." The survey revealed that 52% of Israelis would be willing to “defy the US and act in accordance to its interests, while only 18% said that Israel must abide by American requests.”
In essence, that means that if America were to demand that Israel not preemptively attack or retaliate for something done to the Jewish state, a majority of the population would agree that we should defy those requests, regardless of any ensuing consequences.
But defiance is not only being considered as a prospective measure when it comes to the possible refusal of the US to support Israel’s decision to respond militarily to its enemies. Defiance is already a tactic employed by National Security Minister Itamar Ben-Gvir, who has taken it upon himself to defy the ruling of the Attorney-General’s office. According to that ruling, he could not arbitrarily promote a police officer who had been indicted for throwing stun grenades at protesters, wounding two.
Despite the existing law of the High Court of Justice that limits the government’s power, Ben-Gvir promoted the police officer in question, whose case had been dropped due to insufficient findings. However, to ensure proper protocol, an updated recommendation from the police commissioner had to be provided before any promotion was granted.
Putting that aside, it’s important to note that these two discussions about resorting to defiance are worlds apart.
The first involves the necessity of acting as a sovereign state with the clear aim of protecting its citizens and homeland. Who could argue with the moral imperative to guard one’s territory and population?
The other circumstance involves a governmental politician who sees an opportunity to bulldoze his way beyond the court’s decision, bypassing the process of ensuring that everything is done above board and in accordance with the law. None of that mattered to Ben-Gvir when he ignored the attorney-general’s ruling and appointed Israel Police Officer Meir Suissa, his choice person, to the rank of chief superintendent.
Is this worrisome? If due process can be side-stepped in this particular case, what is to stop Ben-Gvir and others like him from doing the same in the future? Although Deputy Attorney-General Gil Limon’s written directive, following the appointment, stated that “the promotion was against the law and harmed the rule of law,” Ben-Gvir continued his defiance, despite having been told that Suissa could not serve in that position until an updated recommendation was secured.
This flagrant disregard for the law should deeply concern everyone because, first and foremost, it undermines judicial authority, which must be preserved by any democratic country that prides itself on being the only one in the Middle East that respects free rule as determined by its electorate.
In this case, a minister has decided that his voice supersedes all others, demanding that any opposition to his choice for promotion be taken up with the High Court and refusing to capitulate to anyone. For him, this “done deal,” as he calls it, is a way of seeing how far others will go to challenge his authority because he is simply not backing down.
Perhaps this impasse explains why the current coalition is so bent on a complete judicial overhaul; the many changes sought by extreme ideologues who enter our government could free them to act as they please once the courts’ authority is limited.
Ben Gvir's actions are part of a larger problem
IT IS this type of proposed legislation that needs to be carefully scrutinized. There has already been a disregard for the decision related to the induction of the ultra-Orthodox into the military, refusing to comply with what had been unanimously handed down by the Supreme Court on June 25, which requires the conscription of this segment of the population. Fierce opposition to this ruling continues, with some declaring that they’d rather die than enlist – in other words, vowing to defy the law that took away their military exemption.
It has come to the point where Israeli society must decide whether or not we will continue to be a nation of law, where the people abide by court rulings that have provided stability in our legislative process since the establishment of the state. Anything short of that will not only destabilize our system; it will also be viewed by our detractors as a major crack that will weaken and disable our governance, making us more vulnerable.
While the promotion of one police officer may seem insignificant, in the larger picture, when considering that our nation is fighting for its very existence, nothing could be more important than our leaders supporting the basis of our established laws and processes. It is the essence of our war slogan seen throughout the streets and highways of our country: “Together we will win.”
Either we are together or we aren’t. Defiance, especially by our leadership, cannot do anything to enhance a sense of oneness, unity, or cohesiveness because the moment actions are executed without coordination or agreement, the message being sent is one of anarchy, where everybody is out for themselves, doing what is right in their own eyes. It is a dangerous place to be at a time when we’re already facing the most perilous days we’ve ever seen since the establishment of the State of Israel.
Therefore, we must demand an end to this blatant and egregious disrespect for our democratic process, which is weakening our unity as a sovereign nation. The world is closely observing our actions to determine if we are serving as a “light unto the nations.”
The writer is a former Jerusalem elementary and middle school principal. She is also the author of Mistake-Proof Parenting, available on Amazon, based on the time-tested wisdom found in the Book of Proverbs.