Ben-Gvir's National Guard operating without formal legal approval or clear authority, report shows

Knesset research center says the unit is recruiting fighters, receiving state funds and dispersing protests, while lawmakers lack basic information on its chain of command, powers and governing procedures

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A new report by the Knesset Research and Information Center has found that Israel’s National Guard is recruiting fighters, establishing brigades, receiving budget allocations and conducting operational activities despite the absence of formal legislation or publicly approved regulations governing its authority.
The report, published this week, states that the government has yet to release the official committee report on the guard’s establishment or formally approve its activation. Nevertheless, the operational body is already functioning.
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ישיבת הסיעה של עוצמה יהודית
ישיבת הסיעה של עוצמה יהודית
National Security Minister Itamar Ben-Gvir
(Photo: Shalev Shalom)
The National Guard is one of the flagship initiatives of National Security Minister Itamar Ben-Gvir. A formal inauguration ceremony was held in January 2025, and designated budget lines were included in the 2026 state budget. Fighters are actively being recruited to “Southern” and “Central” brigades, and the unit has reportedly taken part in operational activities, including dispersing demonstrators during protests against the government.
According to the Knesset report, the National Guard is operating without clear legal authority. The Knesset research center said the National Security Ministry did not respond to repeated requests for information. “The ministry did not respond to our inquiry, despite several repeated reminders,” wrote Dr. Nurit Yachimovich-Cohen, a senior researcher at the center. As a result, the report said, the Knesset, which oversees the government’s work, does not have full information regarding the guard’s powers, chain of command or binding procedures.
The report also highlights the establishment in August 2025 of the “National Guard and Civil Defense Administration,” operating under the National Security Ministry. The administration oversees the National Guard alongside civilian emergency response units and protective infrastructure budgets.
Despite its broad responsibilities and resources, the report states: “We did not find regulation or procedures for the activity of the National Guard or for the activity of the administration.” A government committee that was meant to convene to formulate procedures for the guard has not met, the report said. No dedicated legislation has been enacted to establish the guard as an independent body, nor have comprehensive public procedures been issued clarifying its status.
At the same time, the report notes that the National Guard has been established and is operating in practice. An official inauguration ceremony was held, budgets were allocated through the National Security Ministry, recruitment and training efforts have taken place, and the unit operates on the ground under the Border Police, a branch of the Israel Police.
The guard exists, is funded and carries out operational activity, but without a comprehensive legislative framework clearly defining its status. It remains unclear whether the National Guard is an independent body, a unit within the police or a separate branch within the National Security Ministry. In practice, it operates through the Border Police and the Israel Police, but without explicit legislation defining the lines of authority and subordination among the police commissioner, the minister and professional command ranks. The report also states there is no clear public delineation of powers distinguishing the National Guard from existing forces, nor formal regulation of professional boundaries between the Border Police and the National Guard.
At the inauguration ceremony early last year, Ben-Gvir said: “Our future requires not only relying on existing forces, but developing more and more forces to ensure the stability of the state. The guard is the flagship program — it is a symbol and proof that if you will it, it is no dream. I believe the National Guard will be an integral part of our security system and will provide Israel’s citizens with the sense of security they deserve.”
Police Commissioner Kobi Shabtai’s successor, Commissioner Danny Levy, also welcomed the move at the time, calling the National Guard brigades a “dedicated game-changing force” that would strengthen public security and governance and wage an uncompromising fight against terrorism and serious crime.

Concerns over professional independence

The Israel Democracy Institute, a Jerusalem-based research organization, has expressed opposition to the creation of the body and warned of potential harm to professional independence.
In a legal opinion published by the institute, it said professional independence is a fundamental condition for any body vested with law enforcement authority, as such powers may infringe on human rights including liberty, privacy, freedom of expression and freedom of movement. “Infringement of these rights must be carried out sparingly and only when there is no other way to achieve the purpose of the law,” the opinion said.
The institute also warned that without maintaining professional independence from the supervising minister, there is a risk of selective enforcement, political exploitation of authority or excessive use of powers against political opponents and minorities.
In response, the National Security Ministry and the Israel Police said: “A governmental dialogue is currently taking place between the National Security Ministry, the Defense Ministry and other ministries in order to advance a government decision that will adopt the conclusions of the committee regulating the National Guard.”
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