DAY 87 OF THE GAZA WAR: Supreme Court Overturns Judicial Reform, Some Forces Withdrawn From Gaza, Houthis Dare the US

Tel Aviv Diary, January 1, 2024

Next Sunday, January 7th I will host our biweekly Zoom update. 6 PM Israel Time 11 AM East Coast.

Despite the ongoing war, many in Tel Aviv went out to mark the New Year. Bars across the city were full, albeit celebrants were noticeably more subdued than in previous years. Above all, there is a widespread sense of relief that 2023 is finally over.

Those in Tel Aviv’s bars and clubs were oblivious that, just to the south, hundreds of thousands of people were hearing the alarming sound of wailing sirens. For the first time in ten days, (to ring in the new year), Hamas managed to launch a barrage of missiles both at central Israel and the communities around Gaza. It was a stark reminder that the war is far from over, and that Hamas has not yet been defeated.

SUPREME COURT RULES

However, tonight, for the first time since the Gaza war began, news of the conflict was not the lead news story. Dominating today’s headlines was the Supreme Court's dramatic decision to overturn the law enacted by the Knesset, which sought to remove the use of 'reasonableness' as a legal factor in the court's decision-making process. The ruling was issued after an 8-7 vote. However, what was far more decisive was the Court’s unequivocal assertion by 12 out of the 15 judge that the court has the  authority to overturn a Basic Law passed by the Knesset. One judge prevaricated and two stated that under no circumstances could the court overturn a Basic law.

Until now, the Supreme Court had hinted at its power to invalidate Basic Law in certain rulings, though this was the first time the Court had stated that authority so explicitly. The Court ruling asserts that the powers of the Knesset are derived from the Declaration of Independence. If the Knesset passes laws that contradict the spirit of the Declaration, those laws can be overturned.

It should be noted that Israel has no Constitution. Instead, over the years it was decided that “Basic Laws” would form the equivalent of a Constitution. Initially, such laws, which only require a basic majority of 61 votes, were passed after much deliberation and careful construction. However, during the past ten years, dozens of “Basic Laws” have been enacted. Most of these more recent “Basic Laws” were tailored to meet the specific needs of the government at the time, and were not passed to reflect greater overarching principles. All that is required to designate any legislation as a Basic Law, is for the Knesset to simply declared it as such. Thus, the entire concept of a “Basic Law” has been devalued.

The Supreme Court established a precedent today, stating that the government can only pass Basic Laws that align with the spirit of the Declaration of Independence. Ironically, although the government set out to limit the power of the Court, their actions ultimately resulted in strengthening those powers.

BACK TO THE WAR …

In Gaza, fierce fighting continues. Yesterday, the IDF released the names of two more soldiers who killed in combat, and today, another name was added.

Eliraz Gabai from Petah Tiqva and Liav Seada from Tiberias.

In northern Gaza, the heaviest combat occurred in the area of Deraj Tufah, the one section in the North where there is still an organized Hamas resistance. Fighting also continued in the central camps and Khan Younis.

It appears there was a major high-casualty event, in which a squad of soldiers was ambushed by the planting of an explosive device at a tunnel entrance. This deadly incident resulted in one confirmed fatality and a substantial number of injuries. Twice today, I heard the sounds of a helicopter overhead, bringing the most profoundly wounded soldiers to the nearby Icholov Hospital.

IDF BEGINS TO DRAW DOWN FORCES IN GAZA

The Army also announced that four brigades, (including two reserve brigades and two consisting of trainees in commander courses), would be withdrawn from Gaza in the coming week, as they are are no longer currently needed. The decision to do this is a result of the army’s anticipation of a prolonged conflict, which necessitates careful planning of its force structure to last for the extended duration. The IDF also needs to allow reservists to return to their normal lives to recharge, before they are needed for future call-ups.

FRIENDLY FIRE & ACCIDENTAL DEATHS

The Army announced that of the 170 soldiers who have lost their lives since the start of the ground operation, 18 were killed by friendly fire and another 11 in accidents.

THE LEBANESE BORDER

Fighting continues on the Lebanese border. During the last few days, Israeli forces have taken more initiative and have consistently succeeded in preemptively striking Hezbollah forces  before they were able to launch an attack. In Lebanon, there are growing voices against Hezbollah, calling on it not to drag Lebanon into a war in which it has no interest.

ARMY SPOKESPERSON REPORTS

The following is a report from the Army's spokesperson, accompanied by a video. The narration is in Hebrew. [Note: In the future, I will try to find a way to subtitle the videos.]

Over the course of the last week, combat soldiers of Brigade 401, operating under Division 162, fought in the Deraj Tufah area in the north of the Gaza Strip. The Brigade's soldiers raided military posts, and the homes of senior figures, eliminating dozens of anti-tank missile cells. During the fighting, following the receipt of intelligence information about the presence of a terrorist cell in a building, a force from the Shaked Battalion scanned the area and raided the building. They encountered several terrorists and engaged in a firefight, at the end of which the soldiers eliminated the terrorists.

As part of the searches, the battalion's soldiers found a professional camera of a Hamas terrorist, which he used to document the terror organization's activities from their perspective. The terrorist was eliminated by IDF forces. The footage collected by the terrorists shows the method of anti-tank missile firing, the nature of the enemy's activities in the buildings, and the gathering of intelligence against our forces.

Attached is footage from the camera of the Hamas terrorist that was captured, accompanied by an explanation from the commander of the Shaked Battalion, Lieutenant Colonel Yair, and how his soldiers eliminated the terrorist.

THE HOUTHIS … AGAIN

Yesterday, the US Navy sank three of the four Houthi boats that were attacking a merchant ship. US Navy helicopters were dispatched to warn off the Houthi attackers. However, instead of retreating, the Houthis fired on the US helicopters. The helicopters returned fire and sank three of the vessels, killing the crews. The Houthis can either choose to stand down, or risk a wider war with the US, and some of its allies.

BANK OF ISRAEL LOWERS INTEREST RATES

The Governor General of the Bank of Israel announced today that, after four years of raising interest rates, he is lowering  the Israeli prime rate by a quarter of a percent. At his press conference, The Bank Governor warned the government that it needed to make tough decisions — both in terms of cutting back unnecessary spending, and possibly raising taxes — in order to pay for the war.

BUSINESS

Israeli startup UserWay, a provider of AI technology that makes digital websites accessible to people with disabilities, has signed an agreement to be acquired by US firm Level Access in a deal worth almost $99 million. Under the terms of the merger agreement, Level Access will pay $98.7 million to UserWay shareholders, as part of a cash deal. This price tag represents a premium of 17% over the startup’s share price at market close on December 28.

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