Israel Matzav: The rewards of judicial tyranny

The rewards of judicial tyranny

In the past, I have discussed the manner in which the Israeli Supreme Court is selected and how the justices' political views are imposed on the other branches of government. I discussed those subjects at length here. You may recall that a few months ago I reported that the sitting justices' monopoly on the court selection process has been broken, at least for the time being.

In an analysis of the impact of European funding of Israeli NGO's, NGO Monitor explains another side of what is essentially the same issue. Because there are no requirements of standing and justiciability serving as entry barriers to Israel's Supreme Court, NGO's that don't represent Israel's population or electorate are able to file many of the cases heard by Israel's Supreme Court. In other words, the Court's refusal to impose standards of access - as is done in nearly every other Western country - results in foreigners being able to shape Israel's political agenda through the court (for example, the cases dealing with the route of the 'security fence').

In the international arena, the same NGOs submit statements to United Nations frameworks such as the Human Rights Council, run major media campaigns, and spearhead lawsuits in various countries. Using the tens of millions of shekels, euros, and dollars they receive each year, the externally funded NGO network is far more powerful than other Israeli organizations that do not enjoy similar support from foreign governments.

For example, as this report demonstrates, foreign-funded local NGOs are responsible for a significant portion of the petitions brought before the Israeli High Court of Justice. Citizens, residents, and even non-residents have standing to litigate in the Supreme Court, without having to provide evidence of potential or actual injury. Thus an individual or an organization that opposes a policy, law, or administrative action can initiate legal proceedings, even if the individual or organization is not directly affected by it. Furthermore, Israeli courts play a central role in public policy making, particularly with respect to the Israeli-Palestinian conflict, thereby amplifying the impact of NGOs that operate in this arena.

Israeli courts have become a central arena for engaging contentious social and political issues, with major advantages for groups that have the resources to devote to this activity. Extensive support from European governments and private foundations gives political and opposition NGOs based in Israel the ability to carry the costs of numerous petitions and filings. This external financing allows these NGOs to become “repeat players” in the Israeli legal process, and thus to exert significant influence on policy formation.

As a democratic country with an open and pluralistic political system and facing a largely hostile external environment, Israeli society is particularly vulnerable to manipulation by externally funded NGOs. Outside political influence of this kind resonates throughout civil society. This hidden foreign intervention infringes on the sovereignty and independence of Israel by unbalancing the political process, and interfering with the policies of the elected government and the mainstream Zionist majority.

Internationally, these foreign-funded Israeli NGOs are highly visible in their opposition to the policies of the elected government and other civil society perspectives. Through frequent submissions to and appearances at the United Nations, together with their access to diplomatic and media frameworks, these NGOs have become very influential. A significant factor is their Israeli identities, which provides these NGOs with credibility and the façade of authenticity to their causes. A number of Israeli political NGOs funded by European governments maintain offices and an active presence in Washington, D.C., New York, London, Brussels, and other cities.

Read the whole thing. That's the 'security fence' at the top.

Israel Matzav: The rewards of judicial tyranny