The High Court of Justice in Israel has formally instructed Prime Minister Benjamin Netanyahu to provide a detailed explanation as to why he has not removed Itamar Ben Gvir from his role as national security minister, amid an ongoing legal dispute concerning the far-right politician’s conduct and ministerial policies, reports Baltimore Chronicle via The Times of Israel.
The ruling, issued by five Supreme Court justices, requires Netanyahu to justify why Ben Gvir should remain in office. Both Netanyahu and Ben Gvir have been given until March 10 to submit written responses to the court. The petitions challenging Ben Gvir’s actions are now scheduled for a hearing on March 24, and the court has expanded the panel of justices overseeing the case to nine: President Isaac Amit, Noam Sohlberg, Daphne Barak-Erez, Yael Willner, Ofer Grosskopf, Gila Canfy-Steinitz, Khaled Kabub, and Yechiel Kasher. Typically, High Court matters are heard by three justices, but the court may expand the panel to address cases of exceptional importance or sensitivity.
The hearing had initially been planned for January 15, but was postponed just a day prior, at which time the court also expanded the panel to five justices.
Responding to the High Court’s directive, Ben Gvir publicly denounced the action, asserting that the justices are attempting to undermine the democratic choice of voters. “The High Court of Justice doesn’t just want to fire me, it wants to fire the nation, it wants to fire millions of voters and deprive them of the right to vote,” he said in a video statement. “It won’t happen, they have no authority, there won’t be a coup!”
Cabinet Secretary Yossi Fuchs also criticized the court’s order, stating at a conference that demanding the dismissal of a serving minister who is not under criminal investigation would cross a “red line” and constitute a “clearly illegal order,” as reported by Ynet.
Attorney General Gali Baharav-Miara previously submitted a statement to the court asserting that Ben Gvir routinely abuses his ministerial powers. In a 68-page submission, she claimed the national security minister has exerted systematic pressure on police officers regarding issues such as anti-government protests, Temple Mount regulations, the protection of Gaza-bound aid convoys, and police appointments.
Ben Gvir, through his attorney, denied any misconduct, arguing that the Attorney General lacked concrete evidence of interference in investigations, improper police directives, or corruption in appointments.
Despite these legal challenges, Netanyahu reportedly reiterated last month that he has no intention of dismissing Ben Gvir, whose Otzma Yehudit party is a coalition partner. Several coalition leaders, including Ben Gvir, Finance Minister Bezalel Smotrich, Foreign Minister Gideon Sa’ar, and coalition whip MK Ofir Katz, subsequently sent a letter to Netanyahu urging him to resist any court ruling requiring Ben Gvir’s removal, emphasizing that no legal authority has the power to force such a dismissal absent formal charges.
In December, Baharav-Miara had noted that the petitions against Ben Gvir were supported by a “factual and legal foundation” due to his conduct. The court had approved Ben Gvir’s appointment in December 2022 despite prior objections related to his criminal record and past statements, under the assumption that he would respect police independence and not act as an “uber-commissioner.” According to the Attorney General, these assumptions have not held, with Ben Gvir allegedly exceeding his authority and interfering regularly in internal police matters.
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