The Jurists' Rebellion, Part 2: The Security Price of Aharon Barak's Revolution

The second part of "The Jurists' Rebellion" examines the moments when legal theory met the complex Israeli reality — in the security field and the political arena. The episode reveals how the revolution led by Aharon Barak changed not only the judicial system, but also the way the State of Israel defends itself.

Security policy moves to the court

The episode marks the turning point in 1992, when Judge Barak issued an interim injunction that prevented the deportation of Hamas terrorists to Lebanon. Since then, it is revealed, the court began to dictate security policy on sensitive issues such as the "neighbor procedure," targeted killings, and other military operations. Sometimes this was done through explicit rulings, and sometimes through hints that caused the IDF to change its conduct just to avoid reaching the court.

In parallel with the intervention in security, the episode presents the "Barakian" enforcement in the political arena: while the court allowed Azmi Bishara, who supported armed struggle against the state, to run for the Knesset, it chose to disqualify the candidacy of Michael Ben-Ari, who warned of the danger facing the Gaza envelope communities.

The truth behind "liberal values"

A central part of the episode deals with the figure of Aharon Barak as it was revealed following the judicial reform. Someone who was perceived for decades as a symbol of liberalism and human rights, switched to sharp language including mentions of "bloodshed," "tanks," and comparisons to Germany.

"The truth about these people, led by Aharon Barak, has been revealed," says Minister Yariv Levin in the episode. "These are not democrats, these are people who are the greatest dictators... Suddenly the truth comes out: poison beads, tanks. To threaten, to run over." Attorney Ilan Bombach also criticizes him sharply: "There is a great danger when he sees shadows of mountains as mountains, when he calls us all subjects and says that we are no longer a democracy. These are serious and unacceptable things."

Has the revolution gone out of control?

One of the resounding revelations in the episode concerns Barak's call for the establishment of a state commission of inquiry to investigate the IDF's activity in Gaza. David Peter notes in the episode: "He said it is important that such a committee be established to investigate war crimes by IDF soldiers. This is the focus that needs to be investigated according to him... I am very happy that today he is not there."

On the other hand, Yehuda Sheffer asks to separate the statements from the legacy: "One must judge the work of President Barak by his rulings and his books, and not by statements that are perhaps made in the heat of anger or under the influence of the protest."

The episode ends with a wonderment by Tamir Schneid, who points to the gap between Barak's declaration in 1992 ("the whole world is full of law") and his statement in 2023 ("we are no longer a democracy"). It is possible, it is argued, that Barak's sharpness stems from the realization that the revolution he started is no longer under his control.