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Jurist Israel Supreme Court rules firing of security agency chief ‘unlawful’ amid political firestorm

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Dadparvar

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Nov 11, 2016
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Israel’s High Court of Justice ruled Wednesday that the cabinet’s dismissal of Shin Bet chief Ronen Bar was “improper” and “unlawful.” The court found the firing lacked valid justification and was based on a “thin and shaky factual foundation.”

Expanding on the court’s reasoning, Court President Justice Isaac Amit condemned the government’s failure to consult the Senior Appointments Advisory Committee. He emphasized the critical importance of maintaining the Shin Bet’s independence, warning that granting the government unchecked control over the agency’s leadership would politicize it and compromise its vital role in protecting Israel’s democratic institutions.

The court’s concerns were further magnified by the context surrounding Bar’s dismissal. Prime Minister Benjamin Netanyahu, who announced Bar’s removal in March citing a loss of confidence, did so amid ongoing sensitive investigations related to corruption led by the Shin Bet into his close aides. Amit noted that this timing raised a clear conflict of interest, especially since Netanyahu had acknowledged that the probes directly affected him both personally and politically.

Bar submitted an affidavit alleging that the prime minister had sought to remove him not for professional shortcomings, but to secure loyalty during a period of heightened political pressure. Bar claimed he had resisted improper directives to surveil anti-government protestors and to interfere with legal proceedings—insisting that his actions remained within the bounds of the agency’s legal mandate.

In response, Netanyahu publicly denounced Bar as dishonest, asserting that the Shin Bet chief had failed to alert key officials—including himself and the defense minister—about the October 7 attacks. Netanyahu contended that Bar’s inaction stemmed from a desire to avoid provoking a confrontation with Hamas. He further accused Bar of supporting misguided economic policies that inadvertently strengthened Hamas militarily.

Attorney General Gali Baharav-Miara barred Netanyahu from appointing a new Shin Bet chief until the legal ramifications were fully considered. Nonetheless, Netanyahu dismissed both the court’s decision and the attorney general’s authority, denouncing the judgment as “disgraceful” and vowing to move forward with a new appointment.

This ruling has deepened the rift between Israel’s executive and judicial branches, prompting fears of a looming constitutional crisis. The ruling comes amid mounting international scrutiny of Israel’s conduct in Gaza. Human rights organizations have increasingly warned that Israeli policies risk breaching international law, including potential violations under the Genocide Convention.

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