Israeli court hears petitions against law preventing Netanyahu being declared incapacitated

Israel’s supreme court convened on Thursday to hear petitions filed against a law that is meant to prevent prime minister Binyamin Netanyahu from being declared incapacitated.

The legal battle was billed as the latest struggle between Mr Netanyahu’s right-wing government and the opponents of his coalition’s judicial overhaul, who argue that the package of measures undermines Israel’s democracy.

Under consideration during the five-hour session were a number of petitions against a law passed by the government, designating the grounds for incapacitation for a prime minister to be solely those of physical or mental ill health, leaving the incumbent unable to fulfil their duties. The law rules out other situations of inability to function, specifically “legal incapacitation”, such as when a prime minister is unable to function due to criminal proceedings against him/her.

Mr Netanyahu faces charges of bribery, fraud and breach of trust in three separate corruption cases. He denies the allegations against him, claiming he is the victim of a witch hunt. Some opponents had argued, before the new law was passed in March, that the criminal charges were enough to declare Mr Netanyahu incapacitated.

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The legislation was designed to keep Mr Netanyahu in office despite his breaching a conflict of interest agreement by involving himself in the government’s plan to overhaul the judiciary. The agreement was authorised by the high court in 2020 to allow Mr Netanyahu to continue serving as prime minister.

The new law also requires 75 per cent of the government and 80 per cent of Knesset members to support a move to force a prime minister to step down.

The petitioners from the Movement for Quality Government in Israel and the opposition Yisrael Beitenu party said the Bill is a personal amendment that “undermines the rule of law in Israel” and that “its adoption is another transition into a dictatorship”.

Attorney Eliad Shraga – representing the Movement for Quality Government in Israel – argued that the incapacitation law was just one part of the wider judicial overhaul legislation that the government was attempting to pass. “Netanyahu has decided to carry out a governmental coup in Israel,” Mr Shraga said.

[ Israel’s ruling party accused of threatening court over judicial reforms ]

Attorney Michael Ravilo, representing Mr Netanyahu, said the purpose of the law was fitting, arguing that it should be unthinkable in a democracy for unelected officials to force a prime minister from office.

He rejected allegations the law was tailored for Mr Netanyahu, telling the three high court justices that the legislation would be applied to any future prime minister, and clarified the previously unclear legal situation regarding recusal.

Transport minister Miri Regev, from Mr Netanyahu’s ruling Likud party, warned the court against striking down the law. “Today we will find out if three judges will retire democracy in Israel,” she said.

The court will give its verdict at a later date.