Netanyahu's Authority to Wage War Amidst Election Uncertainty Questioned

Israel's government faces its first legally scheduled elections in 38 years next week, while a public and legal debate rages over whether a prime minister heading a caretaker government can initiate a broad war with Iran. Critics fear such a conflict, whether before, between, or after elections, could be politically motivated to influence the election results and the formation of the next government. While no public evidence supports this, the debate highlights the blurred legal lines for caretaker governments on national security matters. Prime Minister Benjamin Netanyahu stated yesterday that Iran is attempting to develop nuclear weapons again.

Legal precedent suggests that initiating war or significant military action requires a decision by the government or cabinet, as per Basic Law: The Government, Section 40. This law does not distinguish between a regular and a caretaker government. Former Government Secretary Oved Yehezkel argues that the notion of a caretaker government being unable to wage war is too absolute, asserting that limitations primarily concern appointments and budgets, leaving broader discretion in security and foreign affairs. Conversely, Yair Lapid, who served as acting prime minister during Operation "Breaking Dawn," emphasizes that caretaker governments should not make reality-altering decisions.

Past incidents offer differing perspectives. During Operation "Guardian of the Walls," Israel was under a caretaker government but acted in response to rocket fire from Hamas. Operation "Breaking Dawn" in August 2022, initiated by Lapid and Defense Minister Benny Gantz without a full cabinet meeting but with the Attorney General's approval, involved mobilizing reservists and demonstrated a caretaker government's capacity to launch a limited campaign. Critics draw a line between responding to immediate threats and initiating a war to influence elections.

Netanyahu's recent remarks about Iran's nuclear ambitions and his directive to the IDF and Mossad to "overthrow the regime in Iran" have been interpreted by some as preparing the ground for a war. However, security officials are divided, with some agreeing with Netanyahu's assessment and others expressing concern that his statements and actions, such as a recent military flight near Iran's border, could provoke miscalculation. The primary concern regarding a pre-election war is its potential to delay the elections, a move requiring broad Knesset support. A former senior government official believes war cannot be initiated for electoral reasons and would require a full government decision, with legal challenges unlikely to prevent it.

Legal experts note that while Israeli law does not explicitly prohibit a caretaker government from going to war, the decision must be made by the government or cabinet, not solely by the prime minister. Oversight is largely public, political, and parliamentary, with judicial intervention in real-time security decisions considered unlikely. The ultimate check on power rests on the restraint of those in office and the willingness of remaining "gatekeepers," such as the Chief of Staff and Attorney General, to voice dissent.