Israel’s highest court began hearing a significant case on Tuesday concerning Prime Minister Benjamin Netanyahu’s decision to replace Ronen Bar, the head of the Shin Bet intelligence service. This legal battle could potentially lead to a constitutional crisis in the country.
The move to fire Mr. Bar has intensified divisions within Israel. Government supporters view Mr. Bar as disloyal to Mr. Netanyahu, while critics argue that his removal sets a dangerous precedent that threatens the independence of democratic institutions.
The hearing, broadcast live in Israel, was marked by disruptions, prompting the Supreme Court panel to pause proceedings and continue without a public audience. The hearing is expected to last all day, but a ruling is not anticipated on Tuesday.
In late September, Mr. Netanyahu dismissed Mr. Bar, citing a loss of trust. Critics contend that the dismissal was an effort by Mr. Netanyahu to consolidate power by eliminating dissent within the security establishment. Under Mr. Bar’s leadership, the Shin Bet played a crucial role in Israel’s military operations in Gaza and led negotiations for a cease-fire with Hamas.
This dismissal follows an investigation by the Shin Bet into potential corruption involving Mr. Netanyahu’s aides and their associations with Qatar, further complicating the political landscape. Legal experts suggest that the Supreme Court may nullify Mr. Bar’s removal, which could lead to a significant defeat for Mr. Netanyahu’s government or a refusal to comply with the Court’s decision, escalating the constitutional crisis.
Critics of Mr. Netanyahu see the firing of Mr. Bar as indicative of a broader trend towards autocracy in Israel, fearing that it represents an attempt to exert greater control over the intelligence agency. While Israel has maintained a military occupation in the West Bank, it continues to function as a democracy with a strong judiciary and press within its recognized borders.
Since regaining power in 2022, Mr. Netanyahu has pursued reforms aimed at diminishing checks on executive power, including a contentious judicial overhaul that would limit the Supreme Court's authority. Although Mr. Netanyahu argues these changes are meant to enhance democracy, they have sparked widespread protests among those concerned about potential threats to civil liberties.
The Supreme Court swiftly issued an order to freeze Mr. Bar’s dismissal but allowed Mr. Netanyahu to interview potential successors while the case unfolds. While Mr. Netanyahu claims legal authority to remove the Shin Bet chief, experts highlight possible legal issues that could lead the Court to reinstate Mr. Bar.
Should Mr. Netanyahu refuse to accept a Supreme Court ruling against his decision, it would represent a monumental shift in Israeli governance, potentially destabilizing a key security agency during a time of conflict and raising questions about the balance of power in the nation.
Some of Mr. Netanyahu’s supporters have argued that the court should not intervene in the dismissal, with Communications Minister Shlomo Karhi stating on social media that the government’s authority is absolute, deeming any court order on the matter invalid.