Israel’s supreme court mulls Netanyahu’s fate as prime minister

Ruling against Likud chief would likely trigger snap election, the fourth since April 2019

Binyamin Netanyahu (right) and Benny Gantz have struck a deal to form a unity government in Israel. Photograph: Reuters
Binyamin Netanyahu (right) and Benny Gantz have struck a deal to form a unity government in Israel. Photograph: Reuters

Israel’s supreme court began a two-day hearing on Sunday to determine whether prime minister Binyamin Netanyahu’s indictment on criminal charges disqualifies him from forming a new government.

A ruling against Mr Netanyahu would likely trigger a snap election, the fourth since April 2019, as the country grapples with the coronavirus crisis and its economic impact.

Mr Netanyahu and his main rival, Benny Gantz, signed an agreement last month to form a unity government under which they would take turns leading Israel after three elections that neither of them won.

The right-wing Mr Netanyahu – in power for more than a decade and head of a caretaker government – will serve as PM of a new administration for 18 months before handing the reins to centrist Mr Gantz, according to the unity pact.

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The agreement has support from a majority in parliament. But several groups, including opposition parties and democracy watchdogs, have petitioned Israel’s highest court to nullify the deal and bar Mr Netanyahu from leading the government, citing criminal proceedings against him.

Responding to the petition, Israel’s attorney general Avichai Mandelblit wrote to the court saying there was insufficient legal ground to disqualify Mr Netanyahu.

He described the case as a “head-on collision” between “on one side the most basic democratic principle of honouring the will of the majority . . . [and] on the other integrity in public service, specifically among elected officials”.

Eleven judges, wearing face masks and separated by screens as coronavirus precautions, presided over the discussion.

A small group outside the court, also following physical-distancing guidelines, carried signs and Israeli flags to protest against government corruption.

Decision by Thursday

Some Israeli analysts have said the court, cast by Netanyahu loyalists as liberal and interventionist, was unlikely to bar the premier from heading a new government.

A ruling is expected to be announced by Thursday.

Mr Netanyahu, Israel’s longest-serving prime minister, was indicted in January on charges of bribery, fraud and breach of trust. He denies any wrongdoing in all three cases against him and says he is a victim of a political witch-hunt.

Mr Netanyahu’s trial is due to start on May 24th.

Israeli law says a prime minister under indictment is not obligated to step down until a final conviction. But several legal experts say there are precedents suggesting elected officials indicted with charges that carry moral turpitude should resign. – Reuters