National Security Minister Rejects Legal Advisor's Demand to Freeze Death Penalty Oversight Appointments

A legal dispute has intensified between Israel's National Security Minister Itamar Ben-Gvir and Attorney General Gali Baharav-Miara regarding appointments linked to the death penalty law for terrorists. Baharav-Miara requested a freeze on the appointments of six bereaved family members as official overseers of the law's implementation until a legal review is completed. These appointments, signed by Ben-Gvir about two weeks ago, grant the appointees authority to monitor prisoners sentenced to death and oversee the law's execution, under the minister's powers according to the Prisons Ordinance. The Attorney General's office, through Deputy AG Sharon Afek, emphasized the sensitivity of the matter and called for halting the appointments temporarily. Ben-Gvir rejected this demand, asserting the appointments rest on a solid legal foundation and explicitly stating, "Your recommendation is rejected."

Separately, the government unanimously approved a proposal by Communications Minister Shlomo Karhi and Justice Minister Yariv Levin to refuse recognition of any decisions or appointments made by the Second Authority Council unless it meets legal quorum requirements. This move responds to a June 17 Supreme Court ruling allowing the council to operate despite having fewer members than legally mandated. The government declared that the rule of law obliges all authorities, including the judiciary, and that court rulings contradicting clear statutory language cannot confer nonexistent powers. Karhi criticized the Supreme Court, stating that judges are not the Knesset and cannot override explicit legal conditions. Levin echoed this, warning that rulings in direct conflict with the law undermine the separation of powers. The government pledged to continue using all legal means to restore the rule of law.

This ongoing conflict highlights tensions between the executive branch and the judiciary over legal authority and the implementation of controversial security measures, with significant implications for governance and the death penalty's oversight in Israel.