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Not ‘The Feldstein Law’ But ‘The Netanyahu Immunity Law’

>> Read the full position paper in pdf

This position paper is a response to the “Bill on Passing Top-Secret Information to the Prime Minister and Ministers” also known as “The Feldstein Law,” but should actually be called “The Netanyahu Immunity Law,” as it is designed to preclude all possibilities of investigating the improper use of top-secret information by the incumbent prime minister. Zulat calls for strong opposition to a bill that would set dangerous precedents and would sanction the sweeping transfer of top-secret information to the prime minister and other ministers in breach of current laws prohibiting the disclosure of such information by unauthorized parties.

Not only is the bill intended to hinder the expansion of the criminal investigation into the Feldstein affair to Netanyahu himself and grant him immunity in similar cases in the future, but it is the “harbinger” signaling that the Knesset will thwart the establishment of a state commission of inquiry into the October 7th fiasco, given that it includes the argument, depicted as fact, that critical intelligence information “did not find its way to the prime minister” on the eve of the Hamas massacre.

Were this bill to become law, it would harm the principle that the Shin Bet and IDF must forever be apolitical and could lead to severe politicization in their ranks. It would allow Netanyahu to request and obtain confidential information on political rivals or any information he needs to advance other personal-political interests. Instead of being the exception, passing information that would not have gone through the professional hierarchy or undergone internal review directly to Netanyahu would become the rule.

It bears noting the backdrop against which this bill is being submitted: Since the establishment of the 37th government at the end of 2022, the State of Israel has been undergoing a regime revolution. Under Prime Minister Netanyahu’s leadership, the government has been preparing the infrastructure for a shift to a full-fledged dictatorial regime. This infrastructure consists, among other things, of a long series of bills that infringe on democracy, human rights, and equality, and that are waiting for the moment when Netanyahu decides to finalize their legislation by a Knesset that is under his thumb. Where some of these bills are concerned, such a decision spells the transition to an authoritarian regime. In the meantime, these legislative proposals are shaping the public’s consciousness and inuring the population to life under a dictatorial regime.

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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.