High Court delays contentious law shielding Netanyahu from recusal

In another legal defeat for the government, the High Court of Justice rules six to five to postpone the implementation of the recusal law passed in March, which shielded Prime Minister Benjamin Netanyahu from being ordered to recuse himself from office by the attorney general or the High Court itself.

The court rules that the law, an amendment to Basic Law: The Government, will take affect at the beginning of the next Knesset term after the next general elections are held.

Though it does not strike it down, the court says in its ruling that the recusal or incapacitation law was “clearly a personal amendment” and therefore constituted an improper use of the Knesset’s power to pass and amend Israel’s quasi constitutional Basic Laws.

The coalition advanced the recusal law to prevent a situation in which the attorney general could declare Prime Minister Benjamin Netanyahu to have a conflict of interest as premier when dealing with government’s contentious judicial overhaul legislation and order him to step down. Government watchdog groups argue the judicial overhaul could impact his ongoing corruption trial.

Former Supreme Court Justice Esther Hayut, who presided over the September hearing together with Acting Supreme Court Justice Uzi Vogelman and justices Isaac Amit, Daphne Barak-Erez, Anat Baron (retired) and Ofer Grosskopf rule to delay implementation of the law.

Justices Noam Sohlberg, David Mintz, Yosef Elron, Yael Wilner and Alex Stein ruled to reject the petitions and allow immediate implementation.