Israel suffers from the fact that there is no written constitution. This has led to the deep state dominating the judicial, law enforcement and legal (advisory) systems.
It, the deep state in Israel, is dominated by an unelected secular, etatistic left (First Israel) that sees itself as above the elected government, the parliament (Knesset) and the people of Israel, indeed sees itself as the law, and at times above the law.
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This left-wing, unelected and self-recruiting elite of the deep state is now trying to consolidate its power once and for all. This is against the backdrop of a movement currently manifesting itself globally against the anti-democratic, left-wing/socialist deep state idea. Pars pro toto, Trump, Milei and Elon Musk stand for this.
Having said that, here are a few basic considerations.
1. The elected prime minister (and his government and parliament) are immune. No state authority is allowed to initiate investigations against a representative or an elected government member or even to accuse them and bring them to trial (be it as a witness or defendant) without the express approval of parliament (usually by an appropriately authorized committee). This is standard in all democracies.
In Israel, the elected prime minister is the highest military commander. If he arranges for documents to be leaked to win a war, he does not owe the military, secret services or courts any justification or advance information. He acts on behalf of the sovereign: The Jewish people.
Only the parliament can initiate an investigation. On the contrary, withholding documents from the prime minister in the event of war is high treason in almost all democracies. And will and must be punished accordingly.
The question of what serves and what harms the security of the state is only decided by the elected ones.
2. Both the security establishment and the IDF massively failed in their assessments of what threatens the state and what does not. Just remember their multidimensional fails on 7/10. I do not see any infallibility of the IDF and the security establishment.
Their assessments of the situation, both strategically and tactically, were too often incorrect. Furthermore, IMHO the military and the security establishment should refrain from making any public statements. Any statement should be submitted to the PMO for approval, as the prime minister has complete control and is democratically legitimized.
In addition: There is a Jewish ethic. There is no room for a separate morality of an army apart from Jewish values, and these, the Jewish values, are certainly not defined and interpreted by the army. Fact.
3. The state of Israel is not an end in itself but an instrument to protect and shelter the Jewish nation and Judaism. However, this cannot be done by selective and dual enforcement systems (administrative detention) against Jewish citizens. It is completely unacceptable that Israeli security agencies can detain Jewish citizens for as long as they want, without charge, without access to a lawyer and then put a rope in their cell so that they can hang themselves. This must stop immediately and can only end with the dishonourable resignation of all senior officers of all security agencies involved. That is how the communist Stasi acted.
4. The unelected deep state has no legal authority over the elected state and the people. The first and the final say is always with the Jewish people.
5. The prime minister is the chief in command. No document is allowed to be hidden from him. If he leaks documents to third parties to win the war, he is allowed to do so. He does not need to inform any subordinated, non-elected state entity (legal adviser system, army, or other subordinated state authorities). The elected Knesset, and only the Knesset as representative of the will of the people, is the authority which holds the government responsible. That is a fact in all democracies.
6. There are only three branches of the state (executive, judicative and legislative as primus inter pares) based on a written constitution or bill (but not provisorial “basic laws”). There is no fourth branch of bureaucracy and deep state. They are subordinated tools, instruments of the state ruled by the elected ones. Fact. WE THE PEOPLE.
Pic AI-generated. Illustrative. First published 24.11.2024