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“Feldstein Law”: Blanket Immunity for Political Use of Classified Information

>> Click here to download the full position paper in PDF

The proposed law amendments known as the “Feldstein Law” seek to amend the existing legal framework regarding the disclosure of classified information and the protection of whistleblowers. Zulat’s position is that these proposals constitute a politicization of classified information and criminal proceedings and that these legislative changes must be prevented.

Key Legislative Proposals:

  • Amendment of Law on Disclosure of Classified Information to the Prime Minister and Ministers: Seeks to allow the direct passing of classified information to the Prime Minister, certain ministers, and other senior officials.
  • Amendment of Penal Code (Protection of Whistleblowers in Corruption and Security Contexts): Seeks to extend immunity to police officers and employees of security agencies such as the Shin Bet, Mossad, and the IDF.

These proposals promote the politicization of classified information and undermine the principle of nonpartisanship by allowing political leaders to access classified information without professional oversight. This could lead to misguided decisions and even the use of information for political purposes. Furthermore, the proposed amendments could impair the independence of security and legal institutions and enable the exploitation of classified information for personal and political interests. The proposed conditions for immunity are vague and insufficient, effectively serving as a “smokescreen” for granting blanket immunity to political figures.

As a result, professional oversight mechanisms could be damaged, potentially leading to leaks or decisions based on partial, distorted, or biased information. Additionally, the influence of political interests within the security establishment could grow, fostering internal competition among employees to provide information that aligns with the ruling political agenda.

Zulat strongly opposes these legislative proposals, as they would set dangerous precedents that weaken the rule of law and security institutions. The proposed amendments are seen as an attempt to institutionalize a situation where political leaders can directly interfere in criminal proceedings and the management of security information. Zulat calls for adherence to the principles of nonpartisanship and the prevention of these legislative changes, as they could destabilize democracy and jeopardize national security.

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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.