Appointing Political Associate as Shin Bet Chief Might Lead to Dictatorial-Style Internal Repression

>> 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.

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Dr. Maha Sabbah Karkabi

 

Senior Lecturer in the Department of Sociology and Anthropology, Ben-Gurion University of the Negev. She holds a Ph.D. in Sociology from Tel Aviv University (2015), a postdoctoral fellowship at the Center for Gender Studies, SOAS, University of London (2015-2016), a postdoctoral fellowship in the Department of Sociology at Tel Aviv University (2016-2017), and a postdoctoral fellowship Ph.D. at the Humphrey Institute for Social Research, Ben-Gurion University of the Negev (2018-2020).
Dr. Maha Karbahi’s areas of interest focus on the connection between social change, family behavior, and gender inequality in societies in the process of change and specifically in Palestinian Arab society in Israel. Her research draws attention to the study of family life and employment, using a combined “ethnic lens” and “gender lens” and paying attention to the perspective of Palestinian Arab women, a group characterized by intersections between multiple marginal locations, which over the years has remained hidden from the research eye. Dr. Karkabi-Sabah’s research is published in professional journals and chapters in scientific books that are considered pioneers in family research, work, and gender equality.

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Prof. Frances Raday

Professor Emeritus in the Lieberman Chair in Labor Law, in the Faculty of Law at the Hebrew University and serves as a full professor in the College of Management’s academic track, where she also serves as chair of the graduate program and as honorary president of the Concord Center for International Law Absorption. Radai was a member of a working group of the UN Human Rights Council on discrimination against women. In addition, she is a prominent and feminist human rights activist.

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Dr. Rawia Aburabia 

Faculty member of Sapir Academic College’s School of Law, received her PhD from the Hebrew University of Jerusalem. Her research deals with the interface between law, gender, minorities, and human rights. Has published in leading journals on the subject of the matrimonial laws pertaining to Muslim women in Israel. Her book Under the Law, Outside Justice: Polygamy, Gendered Citizenship, and Colonialism in Israeli Law is expected to be published as part of the Gender Series of Kibbutz Meuhad Publishing House.

Dr. Aburabia has extensive experience in international human rights and public law. She has worked as a jurist for the Association for Civil Right and has been invited as a specialist to address such international forums as the United Nations and the European Parliament on the subject of indigenous communities and minority rights. She has interned with Human Rights Watch in Washington DC, and has been a member of the executive board of Amnesty International. In 2018, she was selected by the magazine Globes as one of the 40 most promising young persons in Israel under the age of 40.

 

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Ron Kessler

With over two decades of experience in the field of digital content, Ron has participated in numerous political and social campaigns. He helped run the digital activity of senior public officials, and worked in various NGOs. Ron is a fundamentally optimistic man, who believes that Israel can be changed and so can people. Lives in Tel Aviv.