January 16, 2025
Dear friend,
After fifteen months of this horrifying war, a ceasefire and hostage deal has finally been reached. We will still hold our breaths until the agreement is fully implemented, but are hoping that the next few months will see dramatic and positive changes. Our work will continue be essential in the coming months as we see what happens with rebuilding and rehabilitation efforts in Gaza, the moves towards annexation in the West Bank, and how the protest movement in Israel will shift in a post-war reality. We are keeping our fingers crossed, and will keep you posted with any updates.
An important part of what it means to work towards a better world, where human rights are valued and protected, means ensuring that the various branches of law enforcement are operating in accordance with the law, acting calmly and nonviolently (except under extraordinary circumstances), and always keeping in mind the ultimate goal of serving citizens and residents and keeping them safe. Law enforcement has never been a perfect institution, but on a very basic level, it should be apolitical and run by qualified professionals.
The “Ben Gvir Law” aims to turn an imperfect institution into a nightmare. In December 2022, Itamar Ben Gvir demanded as a condition for forming the new government that as the Minister of National security he be granted unprecedented powers over law enforcement. Ben Gvir is the most extremist minister in Israel’s history, whose agendas and policies are based on Jewish supremacy and anti-Arab racism. Ben Gvir has also openly bragged about having thwarted previous attempts at hostage deals in order to prevent a ceasefire. The “Ben Gvir Law” (actually an amendment to the Police Ordinance Law) was passed and accorded Ben Gvir the powers to set priorities and policies for law enforcement. It was a first step in allowing Ben Gvir to advance his agenda, privatizing law enforcement and turning it into a tool to serve one (racist, extremist) politician and a (racist, extremist) government that needs a cooperative law enforcement system in order to force through its unpopular and undemocratic judicial overhaul.
Fears that Ben Gvir would use this amendment to further his own agendas and as a tool against his political opponents were quickly proven correct. Ben Gvir has publicly boasted about the ways in which he has intervened in the work of law enforcement, including by:
Abandoning the government plan to fight crime in Arab society, and prioritizing enforcement of crimes of incitement perpetrated by Arabs while ignoring parallel crimes committed by Jews;
Determining which officers are promoted and appointed: appointing and promoting law enforcement officers who serve as his “henchmen,” as well as officers suspected of engaging in illegal activities during demonstrations, thereby making it clear that any law enforcement officer hoping to advance should act in accordance with the Minister’s wishes;
Interfering in investigations by criticizing decisions to open certain investigations.
The repercussions have been felt on the ground. The abandonment of the government plan to combat rising crime in Arab society has resulted in a complete loss of personal security in Arab society. The crime rate continues to break records, and Arab citizens and residents describe living in a constant state of fear. Antigovernment and antiwar protesters have increasingly been subjected to police violence: false arrests, signs with messages against the war forcefully confiscated, and more.
On January 2 the Supreme Court ruled in favor of ACRI’s position, that the section in the amendment regarding the Minister of National Security’s authority to set policy and priorities for investigations should be repealed, because it violates the constitutional rights of suspects, and would lead to the politicization of investigations. This is a major victory: thanks to our efforts, a central element of the amendment was revoked. It was not a complete victory: the Court determined not to repeal the section granting the Minister the authority to set general policies for law enforcement, but the Court interpreted the remaining sections in ways that ensure the preservation of the independence of law enforcement and that would limit the Minister’s ability to intervene in operational policing decisions.
A system of law enforcement that operates in accordance with partisan considerations and at the whims of politicians is a characteristic of dictatorial regimes. It is good that the Supreme Court recognized the dangers of this amendment, and is yet more evidence of the importance of the courts in serving as a system of checks and balances on the government—a system that Ben Gvir and the current government are seeking to destroy with the judicial overhaul. There is still more work to do, but this victory, setting up an extra safeguard against the politicization of law enforcement, is one worth savoring.
Savor the victory, and stand with us as we prepare for the battles ahead. Donate Now.