Articles

The Supreme Court's ruling to strike down the amendment made to the Basic Law: The Judiciary and reinstate the Standard of Reasonableness is a landmark decision on an issue that has been exceptionally divisive within Israeli society. Will this lead to a constitutional crisis? 8 Key points from IDI's experts examining the court's decision.

The Supreme Court ruled that the Court has authority to perform judicial review on Basic Laws, and that an intervention was necessary in the case of the amendment to the Basic Law: The Judiciary revoking the Standard of Reasonableness. What are the implications?

About two-thirds (66%) of Israelis say they do not think Israel should agree to US demands to shift to a phase of the war with a reduced heavy bombing in populous areas. 75% of Jewish Israelis oppose meeting the demands, compared to only 21% of Arab Israelis.

The recent application by South Africa to the International Court of Justice brought against Israel under the Genocide Convention illuminates how international law and international institutions can be employed to address the Israel-Hamas war.

The Israel Democracy Institute issued the following statement on the High Court of Justice’s decision to strike down the amendment passed in July to the Basic Law: The Judiciary, eliminating the Court’s use of the Reasonableness Standard.

The coalition has voted to amend Basic Law: The Judiciary and repeal the Standard of Reasonableness used to review government decisions that are deemed to be extremely unreasonable. On September 12^th, the Supreme Court will hear petitions against the constitutionality of this move.

Data indicates that less than a third of the public supports barring the Supreme Court from intervening in decisions by politicians or public officials.

As the international community ponders Gaza’s post-war future, Israelis are increasingly focused on what the ‘day after’ holds for their politics and society.

The need for expanded IDF service is clear—but the options for achieving this are rife with political contention and economic consequences. The time to rethink long-term security arrangements is after the fog of war lifts, under newly elected leaders with broad public legitimacy. 

The horrific October 7 massacre undoubtedly surpasses the savagery of any other wave of terrorism Israel has ever seen. In the face of barbarity, we are called to challenge prevailing conventions, to abandon simplistic arguments, and to move toward more complex ideas that may light the path for some of us.

56% of all Arab Israelis say the attack by Hamas on October 7 does not reflect Arab society, the Palestinian people, and the Islamic nation. 33% say it does and 11% are unsure.

International law is a normative system that regulates the conduct between states, organizations recognized by international law and at times, individuals. This explainer presents an overview of international law in conflict and its application in Israel's war against Hamas.   

Coalition funds have been part of the budget-making progress for years. This study examines the trends in the use of these funds under the last three governments. One can see that the volume of coalition funds has grown up to fourfold within two Governments and that their breakdown has been less professional and more directed to interest groups.

Two thirds of Israelis do not think that the government currently has a clear plan of action for the next day and the majority, even on the right, believe elections should be held as soon as the war ends. Even so, no significant movement is currently indicated between the political blocs. 

Even in these dark times, Israelis must hold on to the imagination, ingenuity, and entrepreneurial spirit to face the global challenges that lie ahead.

During the October 7^th attacks, the home front became the front line with Israelis attacked in their own homes. This new reality led not only to a beefed-up presence of police and military forces in public spaces, but to civilian-based security initiatives in many communities. Finding the right balance between the police and civilians is imperative to providing much-needed safety and security for all Israelis.

Fact Sheet: The Basic Law: The Nation-State

This article discusses the responsibilities of the international community with respect to the ongoing war in Gaza, and particularly focusing on responsibilities with regard to the hostage situation. 

Among Jewish Israelis, 75% on the Left support making progress toward a two-state solution to the conflict in return for American assistance, compared to 45% in the Center and only 21% on the Right.

In recent weeks, since the outbreak of the war in Gaza, some 800 new civilian defense squads have been set up throughout Israel. Each squad consists of local residents who serve as civilian operational reserve forces, available for rapid deployment to assist national security forces during security events and emergency situations.

Attempts by the Prime Minister to influence the Chief Censor may indicate a concerning erosion of the Military Censor’s independence and professionalism. Clearly, state secrets must be protected, especially during war, but there are better ways for this to be accomplished, more suited to a democratic state.

When asked if these goals are important, 93% of Jewish Israelis and 66% of Arab Israelis say the goal of releasing hostages is an important goal. 90% of Jewish Israelis and 61% of Arab Israelis say the same of the goal of “restoring deterrence.”

Israeli leaders are calling for the end of disinformation in the war while shaking hands with the man behind so much of it - Elon Musk. The current war has turned X into a human behavior experiment, and we are the lab rats. 

The Nation-State Law includes a clause that declares the state's obligation to care for all Jewish people and all Israeli citizens whenever they are in jeopardy due to either their Jewish identity or Israeli citizenship. This does not impose a legal obligation, but it does reflect this special value which must not be lost during this war. 

IDI's fifth War in Gaza survey finds that among Jewish Israelis, toppling Hamas and releasing the hostages are pivotal war-goals. The majority of respondents do not think that the government currently has a clear action for the day after the fighting ends, and there is rising support (56%) for an amendment to the Nation-State Law, to safeguard equality for non-Jewish citizens. 

Israel's non-Jewish minorities—particularly those who are fighting and dying for the State of Israel—are worthy of appreciation and recognition, not separately, but as equals. The solution is to amend the Nation State Law, not to pass a new, separate basic law as is currently under consideration.

Appeals to the HCJ to intervene in decisions relating to the release of prisoners are fairly common, but the Court has repeatedly rejected these appeals, noting that on issues of national defense and diplomacy, the bounds for judicial oversight are particularly narrow. 

Tendentious interpretations of international law are not surprising considering the high emotions surrounding the long and bloody Israeli-Palestinian conflict. However, to serve its purpose guiding the conduct of States and retain a high degree of legitimacy, international law must serve as a common legal language. 

Conciliation between Jews and Arabs in Israel is not just a moral imperative, but also a necessary condition for maintaining peace and stability in the country.

Now, when it is clear that Hamas’s murderous attack was unprecedented in its extreme violence, including sexual violence, the relevant international bodies—such as the UN Security Council, UN Women, and the International Red Cross—must respond to these incidents.