The Incapacity Law

Just before the hearing at the High Court: So what exactly is the incapacity law?

The amendment to the bankruptcy law that will be discussed today in the High Court is intended to thwart the possibility that the prime minister will be removed from office despite his legal status. Due to the passage of the law, a petition was submitted to the court in order to reject it. So what is the law actually? 

Netanyahu (Photo: Chaim Goldberg, Flash90.)

Today (Thursday) there will be a discussion on the incapacity law in an expanded composition of 11 judges of the Supreme Court.

But what is the law of Christianity? When was it used? What does the government want to change in it? And why does the High Court intervene?

The curfew law refers to a situation where a government official is unable to fulfill his duties and therefore goes to curfew (he is prevented from coming), curfew can be temporary or permanent.

What are the conditions under which the prime minister is prevented from fulfilling his role?

The Basic Law of the Government before the amendment of March 2023 stated as follows: "If the Prime Minister is temporarily prevented from fulfilling his duties, his place will be filled by the Acting Prime Minister."

The law did not specify what impeachment is, who defines it, and what the reasons for which the Prime Minister is prevented from fulfilling his duties.

The question arose for the first time in the case of Ariel Sharon in 2006, Sharon suffered a stroke and entered a state of coma. The Attorney General consulted with the medical staff and together they decided that the Prime Minister was unable to fulfill his duties and therefore the powers were transferred to the Acting Prime Minister, Ehud Olmert.

From this event, it appears that a health condition that prevents the Prime Minister from serving is a classic condition of constipation.

Declaration of imprisonment due to criminal cases

Later, a petition was submitted to the court to declare Ehud Olmert a prisoner who cannot fulfill his duties because he is accused in a criminal case, the petition was rejected, but the court noted that: "If it turns out later that the conduct of the prime minister does not allow the conduct of the criminal investigations properly, it may be A place for the Attorney General's announcement regarding the temporary imprisonment of the Prime Minister" In doing so, the court prepared the way for further announcements of imprisonments against a Prime Minister who is accused of crimes.

In 2021, the court rejected the petition that sought to declare Prime Minister Binyamin Netanyahu incapacitation and at the same time stated that whoever is authorized to declare such a declaration is "exclusively entrusted to the Attorney General". Although the law does not authorize the legal advisor to declare this.

The amendment stated that only a Prime Minister who is not functioning physically or mentally will be considered disabled

In an amendment to the law passed last March, it was enacted that the reason for impeachment is "merely physical or mental inability to fulfill one's role as Prime Minister". In this way, the law prevented the court and the attorney general from declaring the impeachment of a prime minister against whom a criminal trial is pending.

The amendment also stated that it will not be the Attorney General who will announce the closure, but the Prime Minister himself, with the approval of two-thirds of the members of the Knesset Committee.

The criticism: the amendment is intended to protect Netanyahu

The criticism leveled at the law is that it is a personal law designed to thwart the possibility that Prime Minister Benjamin Netanyahu will go to prison because of the criminal cases against him. The law was passed by the Knesset three days before the deadline for submission of responses to the petition that demanded the legal advisor to declare the Prime Minister to Incapacitation, and thus the law blocked the announcement.

Therefore, a petition was filed against the amendment to the Basic Law. Last August, three judges discussed the petition, but the likelihood that such a panel would have declared for the first time in history the nullity of a basic law is very low.

The court decided to expand the composition and set an extended hearing of 11 judges who will not reject the law but will ask the government to justify why it will not postpone the introduction of the law until the next Knesset, thus proving that the law was not enacted only for Netanyahu but was enacted for prime ministers in general.

Tomorrow's hearing, the High Court of Justice will intervene in the amendment made by the government to the basic law and seek to postpone the law, until Netanyahu can't enjoy the protection it gives him.

0 Comments

Do not send comments that include inflammatory words, defamation, and content that exceeds the limit of good taste.

Israel-Gaza War, Northern Front

IDF continues to pound Hezbollah in Lebanon

Air Force planes continue to strike Hezbollah targets in Lebanon, while helicopters and artillery struck identified threats elsewhere.

JFeed Staff | 21.02.24

Israel-Gaza War

IDF releases map with bird's eye view of Gaza Strip and location of some of Hamas' bases and factories

The IDF continues to publicize the location of Hamas warfare sites underneath civilian areas, releasing a map showing just some of these discoveries.

Avi Woolf | 21.02.24

IDF, Jordan Valley

Mass weapons smuggling effort foiled in Jordan Valley

Two residents of the Aqabat Jaber refugee camp were arrested in the Jordan Valley while trying to smuggle a large number of arms into Israeli territory.

JFeed Staff | 21.02.24

Israel-Gaza War

Watch: Terrorist fires mortars from Gaza, is eliminated within minutes

A Hamas terrorist firing mortars from Gaza was identified by the Gaza Division war room and eliminated from the air. Watch:

JFeed Staff | 21.02.24

Israel-Gaza War, Bedouin

Bedouin who saved soldiers' lives on October 7 made permanent resident

Interior Minister Moshe Arbel decided to Hamid Abu Arar, a resident of Aroer who saved the lives of 45 soldiers on October 7. "Your actions touched all our hearts."

Oz Israel Schwartz, JFeed Staff | 21.02.24

War in the North

IDF bombs building where terrorists were hiding | Watch

IDF planes attacked a building where terrorists were hiding near the village of Yaroun. 

JFeed Staff | 21.02.24

Israel-Gaza War, Knesset, Palestinian State

99 MKs vote in favor of rejecting one-sided recognition of a Palestinian state

The Knesset voted overwhelmingly in favor of a government statement rejecting global recognition of a Palestinian state without a negotiated settlement.

Yair Amar, JFeed Staff | 21.02.24

Syria attack

Arab media: Another blast in Syria

Following the attack on a luxury building in the heart of Damascus attributed to Israel, Arab media is reporting another air strike in Syrian territory against Iranian ammunition depots.

Yair Amar, JFeed Staff | 21.02.24
Terrorist who murdered Rabbi Binyamin Ze'ev Kahane and his wife (H"YD) dies in prison

Kahled Jamal Musa Shawish, head of the Tanzim in Ramallah died yesterday in the hospital. The circumstances of the death are being investigated.

JFeed Staff | 21.02.24

Syria Strike

Targeted strike on building in the heart of Damascus | Watch

The bombed is located in the Sousa neighborhood - home to members of Hezbollah and Iran's Revolutionary Guards.

JFeed Staff | 21.02.24

Israel-Gaza War, American Jews

Survey: American Jews' surprising political shift since outbreak of Gaza war

According to a survey published last night, presidential candidate Donald Trump leads Biden by 9% amongst Jews in the state of NY.

JFeed Staff | 21.02.24

Israel-Gaza War, Hezbollah

Secret document reveals: Hezbollah misled Hamas

A document found in Khan Yunis reveals: Sinwar was disappointed by Hezbollah's decision not to join the war with Israel.

JFeed Staff | 21.02.24