'Referendum on J'lem will end in bloodshed'

Prominent jurist Prof. Kremnitzer warns Knesset committee that civil war may break out over proposed referendum on status of Jerusalem, Golan Heights

Zvi Lavi|Published: 04.02.08 , 17:01

Could a referendum on the future of contested Israeli land end in civil war? Professor Mordechai Kremnitzer, a renowned legalist, stated during a Knesset committee meeting, that “a referendum on the future of Jerusalem and the Golan Heights may very well end in bloodshed.”

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During the Knesset committee meeting, deliberating a privately sponsored bill to establish a referendum on governmental territorial concessions, Professor Kremnitzer warned that “if such a referendum comes down to an extremely close vote, especially if the Arab public is allowed to take part in it, then certain segments of the Israeli public might very well dispute the legitimacy of the referendum results and resist them through violent means.”.

Following committee deliberations, however, the government made the surprising announcement that it has no interest in conducting such a referendum to begin with. The government had no formal position on conducting such a referendum hitherto, however on Monday the Ministerial Committee For Legislation announced that the government will categorically object to such a referendum unless anchored in Basic Law.

The privately sponsored bill regarding the referendum was proposed by former Kadima MK Avigdor Yitzhaki and was signed by 64 current MKs.

‘A referendum could topple Israeli democracy’

Kremnitzer warned committee members that a referendum is nothing more than a “magic potion” that could “very well topple Israel’s democratic system.” Israel’s democracy, he contended, “is too young, fragile and laden with difficult problems” to effectively contend with such a referendum.

The professor noted that “there is a rapid process of erosion of public trust in the political establishment in Israel. Most Israelis feel that they know what is best for the country just as well, if not better than, most MKs or politicians. A showdown between the populace and the political establishment, which is at the heart of such referendums, it is a sure recipe for a near fatal blow to the Israeli democratic system.”

The solution, according to the professor, is to make referendums part of Israel’s Basic Law, but in such a way that they still appear objective and unbiased, that is not geared towards attaining a particular result. “

A referendum works well if a clear majority, that is 70-80% of eligible voters, take part and if the results are clear cut and conclusive," said Kremnitzer."It is also vital to clearly and unequivocally phrase the referendum question at hand, sot that it does not appear to sway the results. Otherwise, only chaos and anarchy can ensue.”