Gofman ruling highlights Israel's political power disputes

Israel's High Court of Justice on Monday approved the appointment of Maj.-Gen. Roman Gofman as the next head of the Mossad, settling a significant question that had loomed over the decision for months. Gofman is now set to assume the role.

However, the court's ruling did not resolve the underlying conflict exposed by the case: the contentious debate over authority and the balance of power within Israel's increasingly challenged system of checks and balances. This tension was palpable as the court rejected petitions against Gofman's appointment, while Attorney-General Gali Baharav-Miara, speaking 350 kilometers away in Eilat, voiced grave concerns about the state of Israel's democratic institutions.

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If, in the past, we spoke about democracies falling through small steps, then as the current Knesset’s term approaches its end, a race has begun to dismantle democratic institutions.

Baharav-Miara addressed the Israel Bar Association's annual conference, warning that democratic safeguards were facing an "unprecedented assault." Her remarks coincided with the court's decision, highlighting a stark contrast between her defense of democratic norms and the court's validation of a sensitive government appointment against her objections. She noted that concerns about the weakness of Israel's checks and balances have intensified, particularly as the current Knesset term nears its end.

The Attorney-General's concerns are largely focused on two bills progressing through the Knesset. One aims to separate the attorney-general's role, dividing the chief legal adviser function from prosecutorial oversight. The other seeks to establish the Police Internal Investigations Department as an independent body, removing it from the State Attorney's Office. Supporters of these bills argue they are necessary to curb the extensive power held by unelected legal officials. Conversely, Baharav-Miara and her allies view these measures as attempts to undermine critical checks on executive power.

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If, in the past, we were concerned about the weakness of the system of checks and balances in Israeli democracy, today, the concern is even greater.