monthly brief: Constitutional Crisis Brewing? Israel Saudi Normalization & Israel-German Defense.

By YAAKOV LAPPIN

Israel's key institutions are finding themselves having to answer the question of how they would act in the event of a constitutional crisis.

Such a crisis could arise in a scenario in which the Israeli government refuses to adhere to a potential Supreme Court ruling striking down the government's amendment to Basic Law: The Judiciary that narrows the 'Reasonableness Standard ' and thus takes away the court's ability to cancel government decisions or legislation on the grounds of their lack of reasonability. 

The head of Israel's national trade union, the Histadrut Labor Federation, Arnon Bar David, warned on August 16 that if the government precipitated such a crisis, his organization would act to shut down the Israeli economy with mass strikes. 

"A refusal to adhere to Supreme Court decisions would be a violation of the status quo. We will not allow it to happen," he warned. 

It is believed that the IDF, the Israel Police, the intelligence community, the diplomatic corps, and the civil service would side with the court in such a scenario. However, on Thursday, August 17, the candidate favored by National Security Minister Itamar Ben Gvir to become the next Israel Police Commissioner, Cmdr. Yoram Sofer, refused to answer a media question on the issue, calling the question "irrelevant."

Government ministers and Members of Knesset have recently refused to answer questions on how they would act in the event of a Supreme Court ruling to strike down the reasonableness standard. 

Saudi Arabia covers its 'Palestinian bases' ahead of possible normalization with Israel

On August 14, Saudi Arabia announced that it had appointed its ambassador to Jordan, Nayef bin Bandar Al-Sudairi, as “non-resident ambassador to the State of Palestine and Consul General in Jerusalem.”

The Saudi move seeks to protect the Kingdom’s legitimacy both domestically and in the Arab world. It sends a message that it has not forgotten about the Palestinian issue as it moves forward with a process aimed at normalizing ties with Israel and gaining security guarantees, advanced weapons, and a civil nuclear program from the United States. 

The Saudi appointment can be seen as a signal to Prime Minister Benjamin Netanyahu, telling him that any normalization agreement will require significant concessions from Israel regarding the Palestinians, such as a commitment not to annex Area C of the West Bank, a halt to the construction of settlements deep within Area C, and possibly transferring parts of Area C to Palestinian Authority, as well as other steps designed to stabilize the PA's rule. 

It is unclear what kind of impact such steps would have on the stability of Israel's ruling coalition, which includes nationalist-religious elements ideologically opposed to the division of the Land of Israel. 

The Palestinian Authority welcomed the Saudi appointment, saying that the “timing of the decision reflects the interest of the brotherly Kingdom of Saudi Arabia in the Palestinian cause,” the Palestinian Ministry of Foreign Affairs and Expatriates said in a statement Sunday.

Israeli Foreign Minister Eli Cohen told Tel Aviv’s 103 FM radio station Sunday that Israel was aware of Saudi Arabia’s planned appointment, but that the kingdom did not coordinate with Israel on the matter.

US authorizes sale of Israel’s Arrow 3 air defense system to Germany

The Israeli Ministry of Defense, German Federal Ministry of Defense, and Israel Aerospace Industries confirmed on August 17 that they will sign a record-breaking $3.5 billion defense agreement – Israel’s largest-ever defense deal – for the supply of the Arrow 3 Israeli air-defense system to Germany.

The system will achieve initial operational capacity by 2025 and full capacity by 2030.

Germany’s investment in the Arrow 3 system, which intercepts ballistic missiles in space at exceptionally long ranges and high altitudes, comes against the backdrop of the threat posed by Russia and its missile arsenal.

IAI CEO Boaz Levy, whose mother was a Holocaust survivor, noted the powerful historical significance of the Jewish state providing a defense system for the German people 78 years after the Second World War.

Arrow 3 is the leading missile defense system of its kind for the interception of exo-atmospheric ballistic missiles, according to the Israeli Defense Ministry.

After receiving approval from the U.S. government, senior officials from the Israeli and German Ministries of Defense will partake in a ceremony to sign a Letter of Commitment (LOC), that marks the commencement of the agreement. The allocated commitment of $600 million will facilitate the immediate initiation of work on the project, said the Ministry.

As part of the deal, IAI and the Israeli Air Force will provide training to the German Air Force.


Yaakov Lappin is an Israel-based military affairs correspondent and analyst. He provides insight and analysis for a number of media outlets, including Jane's Defense Weekly, a leading global military affairs magazine, and JNS.org, a news agency with wide distribution among Jewish communities in the U.S. Read full bio here.

 

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