Israel’s Supreme Court Upholds Subordination of Police to Minister Itamar Ben Gvir, But Limits His Authorities.

02/01/2025

In its ruling on petitions filed against the amendment to the Police Ordinance that was passed when Ben-Gvir came into office, the Court only cancelled a provision that grants the Minister control over investigations and decided to uphold the rest of the provisions of the amendment. Adalah: “As long as the police remain legally subordinated to Ben-Gvir, continued racist policing practices are expected to further harm the rule of law and ultimately lead to more loss of life”.

Today, Thursday, 2 January 2025, Israel’s Supreme Court, in an expanded panel of 9 justices, delivered its ruling on five petitions against Amendment No. 37 to the Police Ordinance (Powers), 5783-2022. Among the petitioners challenging the amendment are Adalah and the High Follow-Up Committee for Arab Citizens in Israel. The amendment, which subordinates the Israeli Police to the National Security Minister, the openly racist Itamar Ben-Gvir, also grants the Minister the authority to determine the police’s general policies, operating principles and priorities, including policies regarding investigations.

Amendment to the Police Ordinance (No. 37) - 2022 (“Ben-Gvir Law”)

CLICK HERE to read more about the amendment on Adalah’s Database of Discriminatory Laws in Israel.

HCJ 2985/23 High Follow up Committee et al. v the Knesset et al.

CLICK HERE to read Adalah’s petition [Hebrew]

CLICK HERE to read the Court’s decision [Hebrew]

In its decision, the Court unanimously upheld the majority of the amendment, which, among other things, establishes that the Israeli Police operate under the authority of the Government, with the Minister of National Security overseeing the police on its behalf. It further grants the Minister authority to set the police’s general policy, priorities, and work programs, while ensuring oversight and control over the police's operations. However, the Court struck down a section of the Ordinance, which allowed the Minister to set general policy in the field of investigations, including determining priorities.

The provisions upheld by the Court continue to fulfill the amendment's original intent: granting Ben-Gvir, leader of the far-right, racist 'Jewish Power' Party (Otzma Yehudit), full control over the police.

Adalah - The Legal Center for Arab Minority Rights in Israel commented:

“Despite the obviously destructive and dangerous effects of the amendment that allows an openly racist minister to exert direct control over the police in complete contradiction to the rule of law, the court decided to uphold the majority of the amendment, striking down only the most egregious part—allowing direct political interference in police investigations—by a narrow 5-4 decision. Over the past two years, Ben-Gvir has used the authority this amendment granted him in order to intensify the police's oppression of Palestinian citizens of Israel . Rather than enforcing the law and addressing the criminal organizations responsible for the unprecedented rise in murders within the Palestinian community in Israel, the police continue to treat the entire community as an enemy to be suppressed. As long as the police remain legally subordinated to a minister who has used them to target his political opponents, particularly Palestinian citizens, we can expect the continued deepening of racist policing practices and further harm to the rule of law. This will ultimately lead to more loss of life, whether as a result of police violence or due to the intentional lack of enforcement against organized crime”.

Background

Amendment No. 37 to Israel’s Police Ordinance, passed on 28 December 2022, pursuant to the coalition agreement signed between the far-right Jewish Power Party (Otzma Yehudit) and the Likud Party, with the purpose of granting Itamar Ben-Gvir, the Minister of National Security, and the leader of the Jewish Power Party, direct control over the Israeli police.

CLICK HERE to read Adalah’s position paper on the legal implications of the guiding principles and coalition agreements of the 37th Israeli government.

The law subordinates the Israeli Police to the authority of the Minister of National Security, and grants the Minister the authority to determine the police's policies and general principles of operation, including policies relating to investigations. These powers effectively give the Minister the authority to decide who the police target, why they are targeted, and how the police treat them.

On 17 April 2023, Adalah and the High Follow up Committee filed a petition to the Supreme Court demanding the cancellation of Amendment No. 37 on the grounds that it is unconstitutional and contradicts the basic principles that form the cornerstone of the rule of law. The amendment politicizes the police by giving a political figure with a clear partisan and ideological agenda the authority to set police priorities, which were previously managed by police officials.. This change has already led to an exacerbation of the police's existing racist policies against Palestinians and violations of their rights.

CLICK HERE to read more about the petition

Since Minister Ben-Gvir assumed office as National Security Minister, the escalation in racist policing is evident in several ways: the police have intensified their suppression of Palestinian symbols, such as the Palestinian flag; enforced a near-total ban on Palestinian demonstrations in Israel, during the war on Gaza; carried out mass and violent arrests of Palestinian citizens for valid speech protected by freedom of expression, largely on social media; and implemented a more aggressive policy of home demolitions. Such actions were also accompanied by Ben-Gvir's public statements, which unmistakably reflect violent and racist rhetoric towards Palestinians and legitimizes the police's use of violence against them.

Israeli Knesset advances law subordinating the authority of the police and its leadership to the Security Minister 29 December 2022

Photo by Yonatan Sindel/Flash90