IMRA Middle East News Updates https://www.imra.org.il Middle East News & Analysis en-US 1743024586 1743024586 http://blogs.law.harvard.edu/tech/rss Capalon Internet 2.0 imra@netvision.net.il (Aaron Lerner) News & Analysis IMRA Middle East News Updates https://www.imra.org.il https://www.imra.org.il/imra_sm.png 144 97 Weekly Commentary: Can You Answer This Democracy Quiz? Many Failed https://www.imra.org.il/story.php?id=74329 <p>Weekly Commentary: Can You Answer This Democracy Quiz? Many Failed<br /> Dr. Aaron Lerner 26 March 2025</p> <p>Here are just a few multiple choice questions:</p> <p>1. In a democracy, what should happen to protestors who, in an act of =<br /> civil<br /> disobedience, block a road without a permit?<br /> A. They get on TV and then go home.<br /> B. They bear the consequence of violating the law.<br /> Note: Israel Attorney General Gali Baharav-Miara answered "A".</p> <p>"=A0In no sense do I advocate evading or defying the law, as would the =<br /> rabid<br /> segregationist. That would lead to anarchy. One who breaks an unjust law<br /> must do so openly, lovingly, and with a willingness to accept the =<br /> penalty. I<br /> submit that an individual who breaks a law that conscience tells him is<br /> unjust, and who willingly accepts the penalty of imprisonment in order =<br /> to<br /> arouse the conscience of the community over its injustice, is in reality<br /> expressing the highest respect for law."<br /> "Letter from a Birmingham Jail" Dr. Martin Luther King Jr. 16 April =<br /> 1963</p> <p>2. How do you rule on a case if you are Justice in the Supreme Court and<br /> believe that it does not serve the national interest to rule on that =<br /> case in<br /> accordance with the law?<br /> A. Make the ruling in accordance with the law and in the decision call =<br /> for a<br /> revision of the law.<br /> B. Engage in verbal gymnastics to explain why a ruling which actually<br /> doesn't jibe with the law is in accordance with an interpretation of the<br /> law.<br /> C. Claim legal precedent which doesn't actually exist to support your =<br /> ruling<br /> which doesn't actually jibe with the law.<br /> Note: Supreme Court Justice Barak chose C</p> <p>"I believe it is fair to conclude that the 'lineage' of the rulings by<br /> Justice Barak in the Pinhasi case and by Justice Mazza in the Deri case =<br /> does<br /> not withstand scrutiny. In the binding legal material available to us at =<br /> the<br /> time, these rulings have no foundation for the conclusions reached by =<br /> the<br /> justices.<br /> Even the secondary sources do not provide strong support for these<br /> far-reaching conclusions."<br /> Ruth Gavison, "The Attorney General: A Critical Look at New Trends," in<br /> Plilim Vol. 6 (1996), p. 95.</p> <p>3. What do you do if you have been assigned to negotiate with terrorists =<br /> on<br /> behalf of the Government of Israel and the Government of Israel formally<br /> votes to approve a negotiating position which you oppose?<br /> A. Advise the Government of Israel that you cannot act as negotiator.<br /> B. Arrange to appear before the Knesset Subcommittee for Intelligence =<br /> and<br /> Secret Services so that this Knesset body, which has oversight<br /> responsibility for the most sensitive matters of the Israeli state, is =<br /> aware<br /> of the concerns which you have.<br /> C. Share your concerns and criticisms with the press and others while<br /> continuing to serve in the negotiating position.<br /> Note: Shin Bet head, Ronen Bar, apparently chose C.</p> <p>4. What do you do when a Supreme Court Justice issues an injunction<br /> preventing you from doing something?<br /> A. Launch a PR campaign implying that you may not honor the injunction.<br /> B. Have your lawyer prepare possibly the strongest submission in =<br /> Israel's<br /> legal history explaining why the injunction should be vacated while =<br /> stating<br /> explicitly in the submission that the ruling of the Supreme Court will =<br /> be<br /> honored.<br /> Note: Prime Minister Netanyahu did both A and B. Despite the written<br /> submission, there are Likud MKs still doing A. It is noteworthy that PM<br /> Netanyahu's choice of a combination of A and B succeeded in diverting =<br /> all<br /> attention from the passage of a budget which provides for a massive =<br /> amount<br /> of money for Haredis who opt not to serve in the IDF.=20</p> <p>________________________________________<br /> IMRA - Independent Media Review and Analysis</p> <p>Since 1992 providing news and analysis on the Middle East with a focus =<br /> on<br /> Arab-Israeli relations</p> <p>Website: www.imra.org.il</p> Wed, 26 Mar 2025 17:29:46 -0400 https://www.imra.org.il/story.php?id=74329 Government Response To Petition To Stop Dismissal of Ronen Bar https://www.imra.org.il/story.php?id=74328 <p>Government Response To Petition To Stop Dismissal of Ronen Bar<br /> Dr. Aaron Lerner 24 March 2024</p> <p>https://ynet-pic1.yit.co.il/picserver6/wcm_upload_files/2025/03/24/Hyr2wbyT1<br /> l/_____________1___2_________________.pdf is a full copy in Hebrew of the<br /> response of the Government of Israel to the petition to stop the dismissal<br /> of Ronen Bar. </p> <p>The response includes many strong arguments, including the following<br /> (ChatGPT4 used to translate): </p> <p>During deliberations of a joint subcommittee of the Knesset Foreign Affairs<br /> and Defense Committee and the Constitution, Law and Justice Committee on the<br /> proposed ISA Law, held on November 26, 2001, the committee discussed this<br /> very issue. On page 34 of the protocol, then-Deputy Attorney General (later<br /> Justice) Meni Mazuz explained the reasoning behind how the term of the ISA<br /> Director was set.</p> <p>He stated:</p> <p>"In the previous Knesset, there was debate about the length of service for<br /> the Director. Some MKs raised concerns about the system where a four-year<br /> term could be extended by one year at the discretion of the government. This<br /> could create a situation where the Director becomes beholden to the<br /> appointing authority-whether he behaves 'well' or not-depending on whether<br /> his term is extended by a few months or not.</p> <p>An alternative proposal was submitted to stipulate a five-year term, unless<br /> the government set a shorter term at the time of appointment, and that the<br /> Director's tenure would continue unless a replacement is appointed within<br /> three months of the term ending-to allow for continuity and overlap. But the<br /> main idea was to establish a fixed term."</p> <p>At that point, MK Yuval Steinitz interjected:</p> <p>"Anyway, the Prime Minister can always fire the Director."</p> <p>Mazuz replied:</p> <p>"Correct. That's the additional point. We wrote explicitly in the law: 'The<br /> Director's tenure may end under the following circumstances.'"</p> <p>Chairman David Magen added:</p> <p>"That sounds appropriate-five years and three months."</p> <p>Mazuz concluded:</p> <p>"Instead of listing detailed grounds for termination, we included a general<br /> clause: the government-not the Prime Minister-may terminate the Director's<br /> tenure before the end of the term. Without needing to cite reasons A, B, or<br /> C. The underlying assumption is that the ISA Director, like several other<br /> key positions, cannot remain in office without the confidence of the<br /> government."</p> <p>Steinitz emphasized:</p> <p>"Sometimes urgency demands action, and therefore the Prime Minister must<br /> have the power to immediately suspend the Director, even before the<br /> government acts formally."</p> <p>Mazuz confirmed:</p> <p>"The government appoints based on the Prime Minister's recommendation, so<br /> dismissal can also be initiated that way. If necessary, the PM can even<br /> convene an urgent session by phone vote."</p> <p>.This discussion is recorded in the committee protocol dated 26/11/2001.</p> <p>Justice Mazuz's remarks highlight the logic behind why the law does not list<br /> specific grounds for dismissal. It is based on a clear, democratic<br /> understanding: the ISA Director, due to the importance and sensitivity of<br /> his role, cannot serve without the confidence of the appointing<br /> authority-the government. Therefore, the government may dismiss the ISA<br /> Director even via telephone vote, according to Section 19A of the<br /> Government's Rules of Procedure.<br /> ===</p> <p>The response concludes with a request that the Honorable Court deny the<br /> petition,<br /> ________________________________________<br /> IMRA - Independent Media Review and Analysis</p> <p>Since 1992 providing news and analysis on the Middle East with a focus on<br /> Arab-Israeli relations</p> <p>Website: www.imra.org.il</p> Mon, 24 Mar 2025 19:25:08 -0400 https://www.imra.org.il/story.php?id=74328 Mr. Trump: Iran must dismantle its uranium enrichment program - not just verify it! https://www.imra.org.il/story.php?id=74327 <p>Mr. Trump: Iran must dismantle its uranium enrichment program - not just<br /> verify it!<br /> Dr. Aaron Lerner 22 March 2025</p> <p>"[President Trump] sent a letter to the Iranians. We should create a<br /> verification program so that nobody worries about weaponization of your<br /> nuclear material."<br /> Steve Witkoff's Interview on The Tucker Carlson Show March 21, 2025</p> <p>I sincerely hope that Mr. Witkoff's description of President Trump's letter<br /> to Iran is inaccurate.</p> <p>With Iran having reached "zero breakout time" I would expect that the letter<br /> demands that Iran, under supervision, completely dismantle its uranium<br /> enrichment program followed by an ongoing verification program to ensure<br /> that Iran never launches such a program again.<br /> ________________________________________<br /> IMRA - Independent Media Review and Analysis</p> <p>Since 1992 providing news and analysis on the Middle East with a focus on<br /> Arab-Israeli relations</p> <p>Website: www.imra.org.il</p> Sat, 22 Mar 2025 16:41:38 -0400 https://www.imra.org.il/story.php?id=74327 Weekly Commentary: Mr. Netanyahu - We Must Honor the Supreme Court https://www.imra.org.il/story.php?id=74326 <p>Weekly Commentary: Mr. Netanyahu - We Must Honor the Supreme Court <br /> Dr. Aaron Lerner 21 March 2025 <br /> <br /> The recent Supreme Court-issued stay order by Justice Ruth Kanfi Steinitz against the dismissal of Shin Bet (Shabak) Director Ronen Bar must be honored - not because of the individual involved, but because the principle at stake is far more important to the future of our country. <br /> <br /> We simply cannot afford, as a nation, to proceed down the slippery slope where decisions issued by the Supreme Court can be ignored. <br /> <br /> Mr. Netanyahu may certainly not like what the Court may ultimately rule in this matter, but by the same token, it doesn't take much imagination to envision future scenarios in which Mr. Netanyahu would rely on others to honor a Supreme Court ruling with which they disagree. <br /> <br /> For the sake of national stability, I do, however, have one suggestion: this case should be adjudicated by the full bench of the Supreme Court. <br /> <br /> It is no secret that the current President of the Supreme Court, Justice Yitzhak Amit, assumed office through a contested appointment process. In the current polarized climate, any perception that Justice Amit handpicked a panel to rule against the government would risk delegitimizing the Court’s decision in the eyes of a significant portion of the public. By referring the matter to the full court, this danger can be avoided. The ruling - whether for or against the government’s position - will carry more weight, greater credibility, and, most importantly, broader acceptance across the spectrum of Israeli society. <br /> <br /> I am not naïve. <br /> <br /> I could write extensively here against our current Supreme Court. <br /> <br /> But despite this, I recognize that the principle that their rulings must be honored is overwhelmingly critical for our nation's survival. <br /> <br /> ________________________________________ <br /> IMRA - Independent Media Review and Analysis <br /> <br /> Since 1992 providing news and analysis on the Middle East with a focus on Arab-Israeli relations <br /> <br /> Website: www.imra.org.il</p> Fri, 21 Mar 2025 09:09:59 -0400 https://www.imra.org.il/story.php?id=74326 Weekly Commentary: "It's the Shidduch, Stupid" - Why Haredim Don't Serve https://www.imra.org.il/story.php?id=74325 <p>Weekly Commentary: "It's the Shidduch, Stupid" - Why Haredim Don't Serve<br /> Dr. Aaron Lerner 13 March 2025</p> <p>The overarching concern for the average Haredi young man is the quality of<br /> the shidduch he will eventually get.</p> <p>And this concern drives his decision-making process.</p> <p>So when he chooses where to study, it isn't based on his abilities or<br /> interests but rather on what he thinks will get him the best shidduch.</p> <p>I know Haredi teenagers who love science and have made the painful choice to<br /> attend an institution bereft of science studies for the sake of their future<br /> shidduch.</p> <p>Let's be clear: Even Haredi young men with a priori low prospects for a<br /> shidduch due to family background and other factors are focused on getting<br /> the best shidduch possible.</p> <p>And today, army service dramatically reduces the quality of the shidduch a<br /> young Haredi man can get.</p> <p>As long as this remains the case, the overwhelming majority of young Haredi<br /> men will continue to do everything in their power to avoid army service<br /> before marriage.</p> <p>I do not claim to know how to change this situation.</p> <p>I am only suggesting that this is a factor that should not be ignored by<br /> policymakers.</p> <p>A policy that exempts serious yeshiva students from the draft, for example,<br /> might serve to raise the "shidduch cost" of serving in the IDF.</p> <p>On the other hand, a program that drafts young Haredim from the top yeshivas<br /> of the country into any kind of service that requires them to wear uniforms<br /> and hold weapons - even for a short period - might remove the stigma from<br /> IDF service.</p> <p>One thing is certain: As long as IDF service is seen as a major impediment<br /> to getting a good shidduch, friendly talk won't go very far.</p> <p>________________________________________<br /> IMRA - Independent Media Review and Analysis</p> <p>Since 1992 providing news and analysis on the Middle East with a focus on<br /> Arab-Israeli relations</p> <p>Website: www.imra.org.il</p> Thu, 13 Mar 2025 18:12:35 -0400 https://www.imra.org.il/story.php?id=74325 Trump Envoy Wants to Split The Difference With Hamas? https://www.imra.org.il/story.php?id=74324 <p>Trump Envoy Wants to Split The Difference With Hamas?<br /> ". dialogue means sitting hearing what someone wants and then identifying<br /> does it fit with what we want or not and then how can you get somewhere in<br /> the middle and not have a war."<br /> Trump hostage envoy Adam Boehler describing his talks with Hamas on Fox New<br /> Sunday 9 March 2025<br /> https://youtu.be/leiKyEgS26g?si=fSO8zOeDNOY5FGv0</p> <p>________________________________________<br /> IMRA - Independent Media Review and Analysis</p> <p>Since 1992 providing news and analysis on the Middle East with a focus on<br /> Arab-Israeli relations</p> <p>Website: www.imra.org.il</p> Sun, 09 Mar 2025 18:01:49 -0400 https://www.imra.org.il/story.php?id=74324