The directives to limit protests, announced last week by National Security Minister Itamar Ben-Gvir and for which he gave a deadline, are of no legal force and effect, Attorney-General Gali Baharav-Miara stated on Monday.
Ben-Gvir’s document presents legal challenges on several fronts, including not just regarding its content but also his threat to publicize it. Deputy Attorney-General Gil Limon, who penned the position of the attorney-general, wrote that the very act of announcing the new directives without a comprehensive consultation beforehand constitutes a violation of the agreements reached between Baharav-Miara and Ben-Gvir.
Those agreements are a series of principles that emerged after petitions rushed into the High Court of Justice against Ben-Gvir’s appointment to the ministry charged with internal security, chiefly concerned with alleged unwarranted meddling in police affairs. The agreements established certain limitations on what he can and cannot do as minister and ensured the continuance of his role.
Part of these agreements is that anything having to do with protests that Ben-Gvir wishes to take action about can only happen after joint, collaborative discussions take place on the matter between representatives from his staff and the Justice Ministry.
Deputy A-G: Ben-Gvir's document a 'violation of his position'
On Thursday, Ben-Gvir published a rough outline of the planned limitations but gave five days until he promised it would take effect. Limon wrote that if the document is manifested as Ben-Gvir said it would be, it would be a violation of his position as the minister who oversees police operations.
Limon added that Ben-Gvir did not initiate the required interministerial discussions; rather, he simply notified the attorney-general directly and threatened to move forward with the new protocols if she failed to answer him.
Ben-Gvir responded on Monday and insisted that his document is binding and that if an advisory opinion by the attorney-general on the matter is not handed over within 24 hours, the new protocols will take effect.
The minister’s outline specifically targets the blocking of major roads, limits protest freedoms in the immediate vicinity of public officials’ homes, and generally calls for greater police presence at demonstrations. What this would mean practically is less visibility for protesters, especially at central locations like Kaplan Street and Begin Road in Tel Aviv.
The document also outlines more flexible measures to be taken against protests held outside the homes of public officials and forbids the placement of large objects (such as burning tires) on roads that are illegal to block.
Other clauses prohibit the ability to take action against public or private property, supporting or identifying with terrorist groups, or denying the October 7 massacre – which, due to its sweeping nature, may have the potential to be used against anti-war protests.
Another clause forbids protesting inside places of worship, particularly synagogues.
Ben-Gvir decries 'attempt to threaten him'
The country has been rife with protests since Ben-Gvir entered the role of national security minister upon the coalition’s formation in 2022, while the judicial reform legislation push advanced in earnest. Since then, the protests have shifted to be both more specific, calling for the return of the hostages, and more general – against the government as a whole – with the argument that it has lost its legitimacy to rule.
Haaretz reported last week that Israel Police Commissioner Daniel Levi opposed the new protocols, insisting that calls on how to manage and navigate protests in real time must fall to the on-duty officers in real time and the districts themselves, and not be dictated by broad measures.
Ben-Gvir called Limon’s letter “an attempt to threaten” him and “evidence of the illegitimate politicization of the legal advisory.”