High Court orders AG, Ben Gvir to reach agreement safeguarding police independence

The High Court of Justice decides against ordering Prime Minister Benjamin Netanyahu to fire National Security Minister Itamar Ben Gvir, and instead issues a ruling enjoining the pair to reach an agreement with the attorney general meant to curb any undue influence by Ben Gvir over police.

The nine justices issue their decision after a lengthy hearing yesterday, in which they heard petitions arguing for Ben Gvir’s dismissal over his alleged attempts to interfere politically in police decision-making, threatening the force’s independence.

Under the ruling, Ben Gvir, Attorney General Gali Baharav-Miara and Netanyahu must reach a “framework of principles” agreement meant to prevent Ben Gvir from overstepping his mandate as minister. They must give the court notice of whether they’ve reached an agreement no later than May 3. If disagreements remain between the parties, this should be included in the notice sent to judges, the decision reads.

A similar agreement was reached last year between Ben Gvir and Baharav-Miara. The legally-binding compromise was set as a condition by Baharav-Miara before she agreed to support him against petitions demanding his removal.

In the months following its signing, Baharav-Miara alleged Ben Gvir repeatedly violated the agreement, rendering it meaningless, and subsequently backed the petition against him.

Today’s court ruling also bars the minister from appointing officers to sensitive and senior law enforcement positions without agreement from police’s senior command.

Before making any appointment in the realm of “investigations, law enforcement, freedom of expression and demonstration or [police’s] legal counsel,” the minister must also notify Baharav-Miara one week in advance, so she can provide an opinion regarding the prospective appointment.

He is also forbidden from commenting publicly on police’s use of force against civilians, including in the context of ongoing investigations.