The news is coming in waves. The Israeli government has decided not to obey a High Court ruling. It is an unprecedented decision, the first of its kind, and above all, a dangerous one. Because if the government does not obey, why should civil servants obey? And if civil servants do not obey, why should citizens obey?
It was Netanyahu who once said that disobeying a High Court ruling meant collapse. Now he is causing that collapse. This is not only the government of draft evasion. It is also the government of anarchy.
Chief Justice Yitzhak Amit and Prime Minister Benjamin Netanyahu
(Photo: REUTERS/Ronen Zvulun, Alex Kolomoisky, shutterstock/7th Sun)
The problem is that there is method in the madness. Every week brings another trick to transfer hundreds of millions to institutions that serve the draft dodgers, and another maneuver to transfer tens of millions to outposts. This is daylight robbery of the public purse.
But that is not enough for the coalition’s robbers. The issue is not only the Second Authority Council. The real issue is trampling every ruling, including by the High Court, that would strike down budgetary preference for deserters over those who serve. And it is already happening.
That is the meaning of the series of laws meant to entrench the theft, grant deserters special status and provide them not only with unique funding but also with special legal standing. And those who serve can go to hell.
Against the backdrop of ongoing budgetary lawlessness, there is no real need for more legislation. But they know exactly what they are doing. They had more than three years. Only now they remembered these supposedly critical laws? Now is the time? Through legislative ambushes? Against the will of most of the public?
To an outside observer, it looks like madness. After all, both the refusal to obey and the legislation are an assault not only on most Israelis, but also on most coalition voters, who themselves serve and pay taxes.
The goal is confrontation
So why are they still insisting on this mad sprint of refusal and legislation that harms Israel, harms the majority and serves no real purpose? The answer is confrontation.
They want the High Court to strike down decisions and laws, and they need that to happen before the elections. They want to push the constitutional crisis to the top of the public agenda. And it is impossible not to deal with it.
The reason is that a chain of failures has left the draft-dodging coalition facing a dead end. What achievement will it present? The facts are known: the failure of October 7, the absence of total victory on the military front and the total collapse on the diplomatic front.
The only issue that can still ignite the supporters of the draft-dodging coalition is “deep state” propaganda. Did we fail? they will ask. No, they will answer. It was not us. It was the “deep state.” We are democracy and they are dictatorship.
It must be acknowledged that there are also serious legal claims. The High Court is over-involved. There are problems with the State Attorney’s Office. But nothing can justify refusal to obey. Because yesterday it was the Second Authority. Tomorrow it will be the state comptroller. The day after, it will be a government decision to grant immunity from criminal prosecution to hooligans who rioted, destroyed property and smashed Palestinian villages. Sorry, that is already happening. The collapse is already here. The hooligans already have immunity.
It is worth paying attention. Over the past two years, High Court justices have struck down decisions by the attorney general, and Netanyahu-appointed judges recommended dropping the bribery charge. That proves these are impartial judges. It does not mean they are immune from criticism. But they are decent and honest.
That is exactly what angers the Netanyahu-Ben-Gvir coalition. They need confrontation. The coalition barons know most of the public opposes the last-minute laws of the draft-dodging bloc. They know those laws will in any case be repealed once the draft-dodging bloc falls from power and a Zionist, national coalition is formed here.
So the legislation itself is not what matters. The confrontation it creates is what matters. And not only confrontation. Refusing to obey High Court orders can also serve that goal.
Ben-Dror Yemini Photo: Avigail UziThe purpose is to keep the failures that led to October 7, and the failures since October 7, off the agenda, or at least to place other issues alongside them. Likud wants to sweep under the rug the fact that Netanyahu led Israel to the worst low point in its history. They do not want us dealing with the looting of the public purse. They do not want mass draft evasion on the table.
This is only the beginning. Next week it could be the state comptroller. Suppose the High Court strikes down the Knesset vote, which was supposed to be secret but was not. And suppose the government decides to ignore the High Court ruling.
Whom will Michael Rabello, the comptroller who was elected and then disqualified, obey? The government or the High Court? What happens if Rabello insists on entering the state comptroller’s office? Will police officers, security personnel and employees of the comptroller’s office obey the High Court or the government? And will those who do not respect a High Court ruling respect election results?
There is a majority in the public against this breakdown. If an uprising becomes necessary, the public will have its say.
And one more thing: Let every mother and every soldier know this. When the Israeli government refuses to obey a judicial ruling, it tears down the last line of defense for those who serve under international law, according to the principle of complementarity.
There is no surprise here. This is a government that already prefers deserters over those who serve. So what difference does one more kick make? This is, after all, the government of lawlessness.