Ministers move to ax law giving PM, defense chief power to declare war

The security cabinet gave its support Sunday to a bill to cancel recently passed legislation that gave the prime minister and defense minister the power to declare war without consulting the high-level security panel.

A law granting the premier and defense minister the authority to go to war was passed by the Knesset in May as an addendum to another law, drawing criticism over the concentration of power in the hands of just two elected officials.

Under the fresh proposed regulations, approved by the Ministerial Committee for Legislation, the security cabinet will be empowered to declare war.

The changes will require approval in three readings by the Knesset chamber to be written into law.

Under regulations proposed in the new bill, the entire security cabinet must be summoned to vote on any declaration of war, or on a large-scale military operation that could lead to war.

The security cabinet is mandated to have at least seven members, including the prime minister, defense minister, foreign minister and justice minister. It currently has 10 permanent members.

Following public criticism of the earlier legislation, passed in May, as well as serious concerns expressed by members of the government, Prime Minister Benjamin Netanyahu and Justice Minister Ayelet Shaked proposed to roll back the measure to its original form — allowing the security cabinet to make the decision in certain circumstances without authorization from the full cabinet, but not the prime minister and defense minister alone.

Concerns had been raised that the bill which allowed major military operations to be launched by the prime minister and defense minister alone in “extreme circumstances” handed them too much power, and there was also a fear that Attorney General Avichai Mandelblit could be forced to recommend it be struck down, due to constitutional overreach.

Sixty-two Knesset members voted the dramatic proposal into law last month, beating out the 41 opposition MKs who opposed it on the grounds that the language of the law effectively gives free reign to the prime minister by removing all oversight.

The law did not specify exactly what “extreme circumstances” were, or who will determine them, saying only that the case will apply “if the issue is necessary due to urgency.”