Israel Supreme Court and the jewish State’s identity

Pierre Lurcat,

לבן ריק
לבן ריק
צילום: ערוץ 7
Pierre Lurcat
I was born in Princeton NJ and educated in France. I live in Jerusalem since 1993. I am a lawyer and a free-lance writer. I have written several books about judaism, radical Islam and Zionism. I am the translator of Zeev Jabotinsky's autobiography into french....

After Yamit, after Gush Katif and after Amona I, we could hope that the terrible spectacle of jewish families being expelled from their homes, of jewish homes being destroyed and jewish communities being eradicated on the land of Israel, at the hand of a jewish government, would not come again…

We could hope lessons had been finally learned and that no other government, from the left or the right, would send the police and the army to execute a destructive mission, contrary to their primary vocation. But this was counting without the entity that bears the greatest responsibility for this Hillul Hashem : the Israeli Supreme Court.

I my recently published book, I explain how Israel Supreme Court has became the first of Israel’s three branches of power, after the “Constitutional Revolution” that was leaded by Judge Aharon Barak a the beginning of the 1990’s. In total contradiction to the principle of separation of powers - which is at the core of the democratic political system - and to the people’s will, Judge Barak has overturned the judiciary and political system of Israel, by giving the Supreme Court, which he presided over, the exorbitant power to rescind almost every governmental decision and to invalidate every law of the Knesset.

This outrageous power goes well beyond the normal judiciary review,  which is known in most democratic countries. In fact, it has no precedent in any western democracy of the world. The Israeli Supreme Court, under the rule of Aharon Barak, has used this exorbitant power in a very specific way, in order to suppress the jewish and zionist character of the State of Israel and to transform it into a “State for every citizen”. The concept of “Jewish and democratic State” has been used par Judge Aharon Barak in order to deprive Israel from every jewish particularism and to force on the jewish majority of Israel his post-zionist and anti-religious ideology. The Basic Law - Human dignity and liberty - has been used as a legal tool in the service of this very peculiar ideology.

Israel Supreme Court has thus become the dirty work contractor of arab and jewish leftist organizations (Btselem, Yesh Din and the like), funded by the European Union and anti-Israel foundations, like Ford or Soros foundations. These organizations are presenting petitions before the Supreme court, in order to promote their anti-zionist and anti-jewish agenda. Adopting the narrative of Israel’s worst enemies, the Supreme Court considers that jewish land in Judea and Samaria has been “stolen” from their arab “palestinian” original owners. Under this distorted and morally twisted conception, Israel Supreme Court justifies every measure against jewish inhabitants in Judea, Samaria and Gaza (let us remember that, at the time of Gush Katif destruction, only one of the Nine Supreme Court judges had the courage to declare that the jewish residents eviction was illegal, Judge Edmond Levi, an authentic צדיק בסדום.)

How can we understand this awful situation, in which the principal institutions of the Jewish State (military, police, judiciary, media…) are now engaged in such a destructive process?

Behind the legal argumentation that seems to justify their destructive enterprises, lies in fact a political and ideological enterprise. Judge Aharon Barak and his peers want to cut every link between the people of Israel and his land. The most profound split which divides israeli society today is that between those who want to assume their jewish collective identity, and those who reject it. In this context, the “palestinian people” is only a fabricated community and an ideological tool at the hands of the post-zionist camp, in order to eradicate the jewish identity of Israel and destroy it from within. 50 years after the Six Day war, Israel is confronted to a strategic choice between two options. Trying to define oneself as a “people like all the others” and erase the consubstantial link between the State of Israel and the jewish history, or assume the political sovereignty in the heart of Eretz-Israel and rediscover Israel’s true identity.

* About post-zionism, see : Shlomo Sharan (éd.), Israel and the post-zionists, A nation at risk, and Yoram Hazony, The Jewish State. My latest book [in french], La trahison des clercs d’Israël, is available from La Maison d’édition.

More Arutz Sheva videos: