>> Read the full policy paper in pdf
The political and personal appointment of a Shin Bet chief by the Prime Minister carries many potential dangers. In this policy paper, Zulat warns of the far-reaching consequences of a partisan Shin Bet and proposes a bill for the selection of its director by a search committee in order to prevent a political appointment and enhance the public’s trust.
Although the Shin Bet chief has to date been selected upon the recommendation of the prime minister, this time around the incumbent Netanyahu is in a severe conflict of interest given that the identity of the appointee could affect him personally. The selection of a political associate could turn the Shin Bet into his private law enforcement arm and lead to unbridled internal repression, as is seen in dictatorships around the world.
Zulat’s policy paper elaborates on the dangers of a political appointment and lists the reasons why it is imperative that a Shin Bet chief be selected by a search committee. Here are some of those reasons:
The Prime Minister’s Status Under the Shin Bet Law:
The law subordinates the Shin Bet and its activities to the Prime Minister and endows him with broad powers not only to appoint its chief but also to approve internal directives and specific operations, such as covert searches for intelligence purposes and wiretaps.
Shin Bet’s Broad Powers Under the Law:
According to the law, the Shin Bet is not only in charge of state security and counterterrorism, but also of protecting “the democratic regime and its institutions” from threats of “subversion.” A broad interpretation of these powers might be used to suppress opposition and to curtail civil liberties.
Requirement of Nonpartisan Shin Bet:
Given the broad and ambiguous provisions of the law, the Shin Bet’s obligation to act in a nonpartisan manner depends largely on the personal conduct of the Shin Bet chief and the Prime Minister.
Limited Scrutiny:
The secrecy surrounding its activities limits judicial, public, and media scrutiny of the Shin Bet and enables the violation of human rights without any effective control.
Zulat recommends amending the Shin Bet Law so that the selection of the Shin Bet chief would be assigned to a professional-public search committee, which would submit its recommendation to the government. The committee would consist of six members: a retired Supreme Court judge appointed by mutual agreement, public figures with relevant expertise, and professional representatives from the Shin Bet and the Attorney General’s Office.
This would ensure a nonpartisan and non-political appointment, strengthen the public’s trust in the Shin Bet, and prevent the misuse of its security powers. This recommendation aims to prevent the Shin Bet from becoming a political tool of the Prime Minister and to maintain its objective function in safeguarding national security and Israeli democracy.