The challenges that Benjamin Netanyahu faces due to the war in Gaza and his controversial reforms

The devastating war between the Israeli army and the Palestinian Islamist organization Hamas turns three months this Sunday and it does not seem that it will end in the short term, and not only are there numerous questions about the future in the Gaza Strip after the conflict but of Israel itself, especially its Prime Minister Benjamin Netanyahu.

(Also: Gruesome details of rapes and executions of women by Hamas in Israel)

And what happened was undoubtedly a complicated week for Netanyahu, his government coalition and his controversial judicial reform. On Monday, Supreme Court judges buried a core provision of said reform.

The court annulled the provision that provided for depriving the judiciary of the right to decide on the “reasonableness” of decisions of the government or the Knesset. In its ruling, issued with a majority of eight to seven, the Supreme Court explained that this would have entailed “serious and unprecedented damage to the fundamental characteristics of Israel as a democratic State.”

(Also read: Antony Blinken travels to the Middle East seeking to avoid a regional escalation of violence)

Later, on Wednesday, the judges decided to postpone until the next legislature the entry into force of a legal reform, approved in March 2023, which makes it difficult to remove a head of government.

Six of eleven judges voted in favor of the postponement. As justification, it was indicated that the law had been tailored to a specific person and Parliament had misused its power..

The Supreme Court's decisions reignited the debate on the judicial reform promoted by the Government since the beginning of last year and which caused deep division and polarization in Israel.

(You can read: Half of the Palestinians in the Gaza Strip could die of hunger, warns the UN)

The truth is that although government representatives expressed harsh criticism of the ruling, despite everything, there seems to be a consensus that The whole matter will be postponed until after the war, the key ultimately to the future of the parties involved..

Jurist Professor Suzie Navot, vice president of Research at the Israeli Institute of Democracy, explains that “the two amendments were intended to remove limitations so that the government can act against the rules and prevent the Supreme Court from intervening,” she explains to EL TIEMPO.

(Also read: Israel tells the US that a diplomatic solution to the escalation with Hezbollah is urgently needed)

For now, in terms of the war, Israeli Defense Minister Yoav Gallant on Thursday unveiled the main guidelines of a first plan for “after the war” in Gaza, which has yet to be examined by Netanyahu's war cabinet. . According to the draft, The Israeli offensive in Gaza “will continue” until the “return of the hostages” and the “dismantling of Hamas’ military and governance capacity” and “the elimination of the military threat” in that Palestinian territory, Gallant explained.

Once the offensive is over, in the postwar “Hamas will no longer control Gaza.” This will put an end, according to the Israeli plan, to more than 16 years of rule by the Palestinian Islamist organization in Gaza.

“There will be no Israeli civilian presence in Gaza after the objectives of the war have been achieved,” said the minister, who specified that The army of the Hebrew State will maintain “its freedom of action” to stop any possible “threat.” “The inhabitants of Gaza are Palestinians. “Consequently, the Palestinian entities will take the reins on the condition that there is no hostile action or threat against the State of Israel,” Gallant added, without giving further details on which Palestinian group will be able to govern in the Strip.

(Continue reading: Strong criticism of Israel for suggesting that Palestinians should be displaced from Gaza)

However, for the Israeli Minister of National Security, the radical right-wing Itamar Ben Gvir, the return of Jewish settlers in Gaza after the war is necessary and he “asked” the Palestinian population to emigrate to other Arab countries. In turn, the Minister of Finance, Bezalel Smotrich, who is also part of the hardest wing of the Executive, made similar statements.

Hence, the UN High Commissioner for Human Rights, Volker Türk, said he was “very concerned by statements by senior Israeli officials regarding plans to transfer civilians from Gaza to third countries”.

Unlike the occupied West Bank, Israel withdrew its 8,000 settlers from Gaza in 2005, but since 2007 it has placed a strict blockade on the enclave.

(You can read: Israeli Supreme Court postpones the application of a law that shields Netanyahu from being challenged)

Netanyahu, in office since 2009, with a short interruption of just over a year, long ago broke the record of Israel's founder, David Ben Gurion, of being the longest-serving ruler.

But, with a declaration of war after the unprecedented attack by Hamas on October 7 that left more than 1,400 people dead and around 200 kidnapped, the difficulties inherent to his position have multiplied.

How could it happen? Wasn't Israel the strongest army in the region? Why was an operation added to an intelligence failure? This is only a tiny part of the questions that will have to be answered after the war. But, “First we have to defeat the enemy, be victorious in this war,” says the prime minister, adding that, after that, “many will have to give answers. Even me”.

That is the furthest Netanyahu has gone so far in terms of taking responsibility for what caused the Hamas attack and for which a large part of the population believes that he, as head of the system, must be held accountable.

(Also: Israeli Army confirms the death of a hostage during a rescue operation in Gaza)

“It should be clear that whoever is in charge bears the greatest responsibility,” says Adi Carmi, a security analyst who also has many years of experience as a senior officer in the Shin Bet, the Security Service. “I don't want to comment on political issues, but it is evident that Netanyahu is also the top head of the Israel Defense Forces and, as such, he must respond,” Carmi told this newspaper.

For now, Netanyahu shows no signs of any intention to resign, even after the war. And, meanwhile, security challenges only multiply.

And the Israeli prime minister is dealing with harsh criticism and pressure internationally due to the large number of deaths in the Gaza Strip, which is estimated at 22,600.

(You can read: Israel would be negotiating with countries about the resettlement of Gazans after the war)

One of the serious problems of managing the ongoing war is that Its two main objectives – the destruction of Hamas's armed infrastructure and the recovery of those kidnapped – sometimes seem somewhat contradictory..

“This is a fight between the heart and the mind,” Ariel Merari, emeritus professor of psychology at Tel Aviv University, an expert in terrorism and political violence, explains to EL TIEMPO. “The pressure from the families of those kidnapped on the government shows Hamas how sensitive Israeli society is to the lives of its people, and that is problematic for an agreement. I estimate that if I had a kidnapped family member, I would act the same, but for negotiations, it is counterproductive.”

Meanwhile, as the opportunity arises to deal a particularly harsh blow to Hamas, Israel is trying to take advantage of it, which apparently happened on Tuesday in Beirut, when Salah el-Aruri, number two in Hamas's political department, was eliminated His role was actually absolutely military and of great importance. Israel did not claim responsibility but in the region it is clearly attributed responsibility for the attack.

This adds questions about what will be the continuation of the escalation with the Lebanese Shiite organization Hezbollah, Iran's arm in Lebanon, which had close ties with El-Aruri and promised to avenge him. This would be added, in any case, to the attacks by Hezbollah since October 8 towards Israeli territory, to which Israel responds with force.

(Also read: Israeli Supreme Court deals a blow to Netanyahu by overturning key point of judicial reform)

They have been destructive but it is known that the magnitude of the war with Hezbollah could be even greater, taking into account the size of its military power, much greater than that of Hamas.

Added to all this is the internal situation. The challenge facing Netanyahu's coalition is that if it wants to prevent judges from intervening in fundamental laws, that must be considered a prelude to a future Constitution, must determine in an orderly manner, in legislation, a special majority and a dignified process to promulgate these laws and not like now, which carry the name “fundamental” but are promulgated the same as any other law.

The challenges are multiple. Judging by the polls, it seems clear that the people will demand to go to the polls after the war in the hope of changing the Government. Time will tell.

JANA BERIS
TIME CORRESPONDENT
ISRAEL