A confidential meeting on the security and international law impact of the judicial reforms was set for the Wednesday session of the Constitution, Law and Justice Committee.
The session to discuss secret material and information came after Deputy Attorney-General for international law Gilad Noam expressed at Tuesday's session concerns of proposed judicial reforms on international and security matters, which was based in part on confidential items. Yesh Atid MK Yoav Segalovitz consequently requested a confidential session from committee chairman Simcha Rothman.
Noam had said that the reform could remove protections for IDF soldiers and Israeli officials by complementarity. Complementarity is a principle that prioritizes local judicial systems over international legal forums such as the International Criminal Court – but only if the local courts are seen as independent and responsible.
MK Merav Cohen seconded Segalovitz's request at Wednesday's session, saying that the "existence of the justice system protects the IDF soldier that as soon as it becomes an extension of the coalition, they will be abandoned. It is appropriate to at least hold a discussion of the consequences."
Rothman rejected claims that there had been no discussion of security issues, as three security experts spoke during the committee's deliberations on the reforms.
Labor MK Gilad Kariv accused Rothman's Religious Zionist Party of seeking "destroy the chain of command of the IDF and put its soldiers and commanders in danger not only in the international arena but also in the field."
What did the Wednesday session discuss?
Wednesday's session focused on a bill to limit judicial review to a full bench of High Court of Justice justices in full consensus, and an override clause to overturn the High Court of Justice's striking of legislation.
The committee's legal adviser Gur Bligh argued that judicial review is not widely used in Israel when compared to other countries.
"International comparison is a difficult thing because there is no equal to the constitutional [power] created by the High Court."
Simcha Rothman
Rothman countered that "International comparison is a difficult thing because there is no equal to the constitutional [power] created by the High Court."
The chairman also faced criticism for the continuation of the legislative process of the judicial reforms while existed a concurrent push by President Isaac Herzog to bring all the parties together to negotiate. Herzog on Sunday had presented a five point plan for negotiation.
Rothman argued that the opposition should come to the table without preconditions and that there was plenty of time in the legislative process to allow for meetings at the President's table.