5774 is still very young year, but when it comes to the integrity and independence of Israel’s judicial system, the year is off to a pretty good start. Two very different court victories on issues NIF cares about deeply made this new year not only sweet, but also just.
The year began with a bit of judicial poetry. Last week, an Israeli court rejected a libel suit brought by the organization Im Tirtzu against progressive activists who had started a Facebook page called “Im Tirtzu is a Fascist Organization.”
Regular readers of this column will remember that Im Tirtzu was the extremist right wing organization that, in 2010, attacked NIF and other liberal Israeli organizations, an act that augured what our former board president Naomi Chazan called Israel’s “democratic recession. You may recall the hideous posters and billboards, portraying Naomi with a horn on her head, and outrageously falsely accusing her – and all of us – of aiding Israel’s enemies. Despite all this, we never tried to take Im Tirtzu to court. Rather, we fought them in the court of public opinion, and, simply relying on the facts, we exposed them for who they were: a particularly nasty Israeli version of ultra-nationalist chest-thumping common to many societies that feel themselves to be under siege. After failing to topple the New Israel Fund, these self-appointed guardians of Zionism turned their sights on Ben Gurion University of the Negev, which was accused of being insufficiently Zionist. And then, true to form, they decided to try to shut up and shut down those pesky activists with their online ‘fascist’ designation, who had attracted thousands of supporters.
That didn’t go well for Im Tirtzu.
In his ruling, Judge Refael Yacobi made two major findings, both of which cheered the activists, institutions and organizations Im Tirtzu has targeted over the past several years. First, he decried Im Tirtzu‘s use of libel suits as a bullying tactic to avoid actual debate. Second, in the words of an editorial in Ha’aretz:
In the case of Im Tirtzu, the court determined that there is indeed a certain common denominator between the organization’s positions and certain principles at the foundation of fascism. In fact, according to the ruling, the very filing of the suit shows some of the activities and principles of the organization, which under the guise of “strengthening the values of classic Zionism” conducts campaigns to silence criticism. A direct line connects the principles of Im Tirtzu to the filing of the suit to the court’s conclusions.
That’s right: the activists weren’t libelous in their description of Im Tirtzu because they weren’t wrong.
But that was only the first piece of good news coming out of Israeli courts over this High Holiday season.
Just yesterday, in a major and critically important decision, the High Court struck down the 2012 Anti-Infiltration law. The Court ruled unanimously that the law, under which those seeking political asylum and refugee status could be held in administrative detention for up to three years, was unconstitutional, at odds with Israel’s Basic Law: Human Dignity and Liberty. The Court gave the State 90 days to examine the cases of each of the 2000 or so men, women and children – the vast majority of whom come from Africa – and to release all those entitled to release under the Entry to Israel law.
This ruling was, in part, the result of intense advocacy and legal work by many leaders within Israel’s civil society. We can all take pride that five NIF-backed NGOs worked together to bring this issue to the High Court: The Association for Civil Rights in Israel, Hotline for Migrant Workers, ASSAF, Workers’ Hotline, and The African Refugee Development Center.
These victories demonstrate that Israel’s independent judiciary is alive and well, despite the efforts of ultra-nationalists to trammel the courts and progressive civil society. And they show that the voices of the civil society sector that we support are strong, brave and, ultimately, heard.
But the struggle is far from over. In response to their devastating loss, an Im Tirtzu founder decried the courts as unfair, and under NIF control! More seriously – and far more worryingly – hard-liners in the Knesset have already vowed to resubmit “anti-infiltration” measures, as well as new bills to circumscribe the power of the High Court to review – and overturn – such legislation. So we have our work cut out for us. But for now, let’s enjoy a sweet beginning to a new year. May it be a good, peaceful and just one for all of us, and for Israel.
Daniel Sokatch
CEO
I believe that Rabbi Shmuel Eliahu is in favor of retaining Jewish strength in the Covenant Land, especially a united Jerusalem. Thus, he is not in favour of many of the values of the New Israel Fund.
He will make an excellent Chief Rabbi for Jerusalem.
Let us be positive and not spread lashon hara.
Shal*m
Shlomo Grafstein
Rabbi Shmuel Eliahu, knows that these rabbis who signed are disqualified from performing marriages in Israel. Rabbi Eliahu knows that almost all of these rabbis would perform same-sex marriages or same-sex “ceremonies” in Israel if given the chance. Rabbi Eliahu knows that American Jewry has become split and consequently some Jews cannot marry other Jews because of the standards of some Jewish American movements. He want to retain the unity of the Jewish people and not import non-halachic values of other streams into the Israel Rabbinate. Rabbi Eliahu knows that if given the chance almost, 50% of Reform Rabbis would perform a marriage ceremony in Israel between Rachel (Jewish) and Mohammed (Muslim) — because they feel that love transcends The Eternal Torah requirements of GOD…. and they falsely think that it is kosher and that a Jew can marry a non-Jew!! Rabbi Eliahu has my vote for standing up for not only the unity of Jerusalem but of the oneness of The Nation of Israel. He will make a great Chief Rabbi for Jerusalem with a vast majority of Yirushalayim wanting him to serve.
Sincerely yours,
Shlomo Grafstein
author of JUDAISM’s BIBLE — a new and expanded translation & elucidation vol one
I believe that Rav Shmuel Eliahu will make a great Chief Rabbi for Yirushalyim.
I discussed the New Israel Fund’s letter with a chaver…Rav Shmuel Kohn.
Rav Shmuel had seen Rabbi Eliahu up front in Tzfath in a variety of situations…
These are some of his objective evaluative responses regarding Rav Eliahu:
Rabbi Shmuel Eliahu:
excels in people skills;
he is warm and compassionate;
sensitive and empathetic;
possesses a kind and considerate and warm personality;
basically he is a caring individual;
It is unfair to ask of him to go against his Torah values;
He follows the Talmud and Codex of Maimonides
——-
[I believe that Rabbi Eliahu spoke up against selling AWAY houses
to non-Jews in our Homeland, The Jewish Covenant Land as espoused by Torah Teachings and confirmed in the Talmud and the Rambam]
He has been finely honed to serve
Klal Yisrael having seen and grew up in his father’s home, HaRav
Mordechai Eliahu, Rishon L’tzion.
Secular society will call the Chief Rabbi of Tzvath — a bigot. HOWEVER:
Religious Jewish people who believe in G*D and the Divine Oral Torah will call Rav Eliahu a “Defender of the Faith”
—-
I say that a Chief Rabbi has to stand up for Torah values and even
complain to the Zionist authorities when there is a deviance from
Halachah.
The Netziv allowed only one, a bachur, Avraham
Yitzchak HaKohen Kook, to wear tefillin all throughout day in the Yeshiva of
Volozhin and the Netziv did not others because Avraham Yitzchak loved to find the good within all of G*D’s creatures. He hated to attribute evil to them
(as I heard from Rav Aaron Soloveitchik, z’tz’l at the 50th
yahrt’zteit for Rav Kook in the Fifth Avenue Synagogue, 1985, honouring
Rav Kook)
I am blessed in write in my essay on A Biblical Taste of Tolerance:
and I added:
Finding the good in all people does not diminish the
responsibility of speaking up when a virtuous, caring person observes the
inappropriate actions of others. Since Rabbi Abraham Isaac HaKohen Kook loved the Torah and loved people, he would not be silent and he would not tolerate everything. Consequently, Rabbi Kook wrote a letter to Dr. Kupin in Iyar 5670 [May 1910]:
“…. In Herzl Forest, people desecrate the Shabbat in public, and the Jewish guard [there] rides his horse throughout the entire Shabbat, night and day….” “…it is impossible for us to tolerate and suffer [bear] desecration of The Holy Name, before all of Israel,
on common public property. Please sir, quickly remove this horrible blemish and banish shame from GOD’s portion.” (Rav A.Y. Kook Selected Letters translated and annotated by Tzvi Feldman, Yeshiva Birkat Moshe, Jerusalem, Israel, 1986)
By speaking up in defense of his city, Tzvath, Rav Eliahu has antagonized
some people. So Rav Eliahu, who advocates upholding the values of Historical Israel RambaM and the Code of Jewish Law is a thorn to some He should be looked up to by the Torah-observant Jewish people.
The unity of Ata Echad vih’shim’chah Echod, u’mee kih’am’cha Yisrael goi ECHOD Bah’Ar’etz.
I cherish your feedback
Sincerely Shlomo Grafstein [email protected]