Israel-Hamas War Early Signs Suggest Israel May Avoid Wartime Showdown Over Court Ruling
“Israel’s Supreme Court struck down the Netanyahu government’s move to limit the justices’ powers. Israeli leaders emphasized national unity, indicating that they may not challenge the ruling, at least until the war with Hamas is over, analysts said.
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Gaza City Jan. 2, 7:01 p.m.
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The day after a landmark ruling by Israel’s Supreme Court challenged Prime Minister Benjamin Netanyahu’s right-wing government, the country’s leaders appeared on Tuesday to want to avoid any immediate constitutional crisis during wartime.
Analysts said that initial signals from Mr. Netanyahu’s conservative Likud party and right-wing allies about the need for national unity indicated that they might decline, at least until the war with Hamas is over, to take further steps to rein in the court.
An explosion has occurred at a Hamas office in Beirut’s southern suburbs, killing four people and injuring others, according to Lebanon’s state-run news agency.
The Israeli military said on Tuesday that it had begun withdrawing some soldiers from parts of Gaza, part of a planned pullout of about five brigades, but its forces continued pounding the enclave with airstrikes, according to residents.
Witnesses and Palestinian news reports said that Israeli forces were withdrawing from several parts of northern Gaza, including Jabaliya, a refugee camp dating back to 1948 that has grown into a dense, bustling town, as well as the area north of the Shati refugee camp, the area around Al-Rantisi Hospital and other neighborhoods of Gaza City.
Military reservists who played a pivotal role in mass protests over judicial overhauls that roiled Israeli society last year said on Tuesday that they welcomed the Supreme Court ruling striking down a law that limited its power, but national unity was the top priority.
Thousands of reservists opposed to Prime Minister Benjamin Netanyahu’s government had threatened not to serve if it pressed ahead with the bill, but in the wake of Hamas’s brutal attack on Israel on Oct. 7, many set the issue aside, took up arms and supported the war in Gaza.
news analysis
The decision by the Israeli Supreme Court to reject legislative control over the judiciary ends for now the languishing effort by the far-right government of Benjamin Netanyahu to diminish the courts, which had already sparked nine months of protests that only ended when Hamas attacked Israel on Oct. 7.
The protests had deeply divided Israel, but the subsequent war united it, with even pilots and reservists who had vowed to ignore military exercises immediately showing up to fight before they were called.
Aaron Boxerman
Reporting from JerusalemThe Israeli military confirmed that it had begun withdrawing some soldiers from Gaza, part of a planned pullout of roughly five brigades from the enclave. It did not give additional details.
Nadav Gavrielov
Reporting from JerusalemIsrael said it would appear before the International Court of Justice in The Hague to defend itself against accusations of genocide filed by South Africa. Eylon Levy, a government spokesman, accused South Africa of aligning itself with Hamas and of being complicit in its crimes. South Africa, which has asked the U.N. court to halt the fighting in Gaza, has been among the most vocal critics of Israel since the war began.
The aircraft carrier Gerald R. Ford, which President Biden ordered to the eastern Mediterranean Sea the day after the Oct. 7 Hamas-led attacks on Israel, will leave the region in “the coming days” to return to its home port in Norfolk, Va., to prepare for future missions, the Navy said on Monday.
The Ford was dispatched off the coast of Israel in an effort to deter Iran and its proxies in the region from widening the war in the immediate aftermath of the attack that the Israeli authorities say killed 1,200 people.
Nadav Gavrielov
Reporting from JerusalemA day after saying that it would begin withdrawing several thousand troops from Gaza at least temporarily, the Israeli military said it had conducted several targeted operations across the enclave in the last few days.
It said it had dismantled rocket launchers in central Gaza, neutralized explosives by the coast and taken control of the home of Hamas’s Gaza Brigade commander, an operation in which it said its forces had killed dozens of Hamas fighters, although the military’s account of the fighting could not be verified.
Isabel Kershner
Reporting from JerusalemThe morning after Israel’s Supreme Court overturned the judicial law, immediate reaction appeared muted. Initial messages from Prime Minister Benjamin Netanyahu’s conservative Likud Party and his right-wing allies about the need for national unity indicated that they might be willing to put off further steps to rein in the court, analysts said, at least until the war in Gaza is over.
Isabel Kershner
Reporting from JerusalemLegal experts said the more important part of the ruling was the decisive 12-3 majority of judges who said the court had the authority to countermand Basic Laws — which hold quasi-constitutional status — if they contradict Israel’s fundamental Jewish and democratic characteristics. The ruling places guardrails against overreach by the government or Parliament, the experts said. The overturned judicial law was an amendment to a Basic Law.
The Israeli military said on Monday that it would begin withdrawing several thousand troops from the Gaza Strip at least temporarily, in what was the most significant publicly announced reduction since the war with Hamas began.
The military cited a growing toll on the Israeli economy after nearly three months of wartime mobilization with little end in sight to the fighting. Israel had been considering scaling back its operations, and the United States has been prodding it to do so more quickly as the death toll and privation in Gaza rose.
Israel’s military said on Monday evening that there was a plan for the gradual return of Israeli residents to communities more than 2.5 miles from the border with Gaza, with additional defensive and emergency response measures. Several communities near the border were devastated in the Oct. 7 attacks.
The timing of Monday’s unprecedented Supreme Court ruling has made it all the more polarizing, critics say, not only because it landed during a brutal war in Gaza, but also because a delay of a few weeks might have produced a different outcome.
The recent retirement of two justices, including the departing chief justice, Esther Hayut, imposed a deadline of mid-January to publish a decision, after which they would have been ineligible to participate in it.
The eight Israeli justices who struck down a key part of the judicial overhaul on Monday argued that they had little choice given the law’s potential danger to Israeli democracy.
On the other side were seven dissenting justices who saw overreach in the decision to annul a law curbing the judges’ ability to use “reasonableness” as a legal standard.
In addition to striking down a law meant to curb its own powers, Israel’s Supreme Court on Monday set a decisive precedent by intervening for the first time in one of the country’s quasi-constitutional Basic Laws.
In Israel, Basic Laws deal with core governmental values, like the creation and role of state institutions, relations between state authorities and the protection of some civil rights.“
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