Israel's Caretaker Government Faces Scrutiny Amidst Election Uncertainty and Iran Tensions

As vote counting continues following recent elections, it appears no bloc has secured a clear majority to form a new government. In the interim, the outgoing government will continue to lead the country as a caretaker administration. This situation raises concerns about the caretaker government's authority, particularly regarding potential political motivations behind decisions, especially in light of ongoing tensions with Iran and the possibility of a wider conflict.

Legally, a caretaker government is bound by principles of restraint and moderation until a new government is officially established. The Attorney General's guidelines stipulate that a caretaker government's scope of action and exercise of authority differ from those of a regular government. The core principle, supported by Supreme Court rulings, is to avoid creating irreversible situations that could predetermine the choices of the incoming elected government.

While a caretaker government is not legally prevented from initiating military action, precedents like "Guardian of the Walls" and "Pillar of Defense" involved limited operations based on specific threats, not broad, preemptive wars. Judicial oversight is expected to be minimal in such cases, with decisions likely requiring unanimous approval from the government or cabinet. Notably, Chief of Staff Eyal Zamir reportedly opposed timing potential strikes against Iran before the elections, not the action itself.

Following the election results, Gadi Eisenkot, chairman of the Yisrael Beiteinu party, criticized Prime Minister Benjamin Netanyahu as a "caretaker prime minister without a mandate," warning against using Israel's security for political gain. This comes amid reports of the U.S. urging Gulf states to prepare for a "short and intense" campaign against Iran post-U.S. midterm elections.

A conflict with Iran during this sensitive period, between the election and the swearing-in of the new Knesset, could significantly impact coalition-building efforts. Such a war might push for the formation of a unity or emergency government, a scenario reminiscent of the lead-up to the Six-Day War and the "Swords of Iron" war in October 2023. Critics of Netanyahu fear this could be a potential objective of such a campaign, though no public evidence supports this, and it remains speculation from commentators and political rivals. Additionally, renewed conflict could influence former President Trump's push for a unity government in Israel, as he reportedly views a government including Itamar Ben-Gvir as unviable.

The Attorney General has previously clarified that while government activity should not be frozen, caretaker governments must exercise restraint on non-urgent matters to avoid precluding the incoming government's policy. Decisions, including appointments, are made based on professional criteria, balancing the need for government action with election regulations. The Supreme Court has expressed concern that caretaker governments might prioritize narrow party interests over public good and create faits accomplis for the next government.