Netanyahu's Legal Troubles: Which Laws Were Broken?

Benjamin Netanyahu, the former and longest-serving Prime Minister of Israel, has been charged with fraud, breach of trust, and accepting bribes in three separate scandals. Netanyahu denies any wrongdoing. The charges are at the centre of a protracted political crisis that has resulted in five elections in under four years. Netanyahu's trial has resumed after a month-long break, refocusing the spotlight on his legal woes after protests over his government's plan to overhaul the country's judiciary.

Netanyahu was indicted on charges of breach of trust, bribery and fraud

Benjamin Netanyahu, the former Prime Minister of Israel, was indicted on charges of breach of trust, bribery, and fraud in 2019. Netanyahu is the longest-serving prime minister in Israel's history, having served a total of over 17 years. He was first indicted on these charges in 2019, but a series of events, including the 2018-2022 Israeli political crisis, led to his removal from office in June 2021. However, he returned to power in the 2022 election and is currently serving his sixth term as prime minister.

The charges against Netanyahu relate to three separate scandals, known as Case 1000, Case 2000, and Case 4000, which involve powerful media moguls and wealthy associates. In these cases, prosecutors claim that Netanyahu exchanged regulatory favors for favorable media coverage and advanced the interests of a Hollywood producer in exchange for lavish gifts. The trial has featured testimony from over 40 prosecution witnesses, including some of Netanyahu's closest former aides and confidants, who provided insights into the former prime minister's character and lifestyle.

Netanyahu has denied any wrongdoing and claims that the cases against him are baseless. However, the trial is still ongoing, and if convicted, Netanyahu would be forced to step down from his position as prime minister. The trial has been slow, with a large number of witnesses and frequent delays, but a ruling is expected within the next two years. The outcome of the trial will have significant implications for Netanyahu's political future and could potentially lead to his removal from office for a second time.

Netanyahu's corruption trial resumed after a month-long break in 2023

In 2023, Benjamin Netanyahu's long-running corruption trial was overshadowed by the shock attack by Hamas on Israel on 7 October, and the ensuing Gaza war. As Israelis united in grief and trauma, Netanyahu's legal troubles were pushed aside, and the trial was delayed until December.

Netanyahu's trial involves three criminal cases, with allegations of bribery, fraud, and breach of trust during his fourth and fifth terms as Israel's prime minister. The trial began in 2020, and Netanyahu has denied all charges and pleaded not guilty.

In Case 1000, Netanyahu and his wife are accused of receiving gifts, including cigars, champagne, and jewellery, worth around $195,000, from two wealthy businessmen over a 20-year period. Netanyahu is also accused of conflict of interest while serving as the Minister of Communications, where he allegedly handled affairs related to the businessmen's business interests.

Case 2000 involves recorded conversations between Netanyahu and Arnon Mozes, the chairman of one of Israel's largest newspapers, Yedioth Ahronoth. They discussed the possibility of legislation that could harm Israel Hayom, a major competitor of Yedioth Ahronoth, in exchange for favourable media coverage of Netanyahu and his family.

Case 4000 relates to Netanyahu's relationship with Shaul Elovitch, the owner of the telecommunications company Bezeq, and its regulator, the communication ministry, headed by Netanyahu at the time. Netanyahu is accused of granting regulatory favours worth around 1.8 billion shekels (about $500 million) to Bezeq, in exchange for positive coverage of himself and his wife on a news website controlled by Elovitch.

Netanyahu's trial resumed in December 2023, with the court agreeing to reduce the number of hearings to two days a week due to security concerns related to the ongoing Israel-Hamas War. The trial has been ongoing, with Netanyahu's testimony scheduled to begin in December 2024.

Netanyahu's government has been accused of genocide in Gaza

Benjamin Netanyahu's government has been accused of genocide in Gaza, with the South Africa v. Israel case brought before the International Court of Justice in December 2023. The International Criminal Court (ICC) issued an arrest warrant in November 2024 for Netanyahu, former Defence Minister Yoav Gallant, and Hamas military commander Mohammed Deif for alleged war crimes and crimes against humanity.

The ICC has faced criticism for its reluctance to prosecute Israel and its leaders. Karim Khan, the current ICC prosecutor, has been accused of not using the court to hold Israelis responsible for their crimes in the Gaza Strip. The ICC has received multiple cases against Israel for its assault on Gaza, including referrals from countries such as South Africa. Despite this, Khan has been reluctant to move the ongoing investigation against Israel, citing a lack of adequate resources.

The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) defines genocide as:

> [A]ny of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group:

> a) Killing members of the group;

> b) Causing serious bodily or mental harm to members of the group;

> c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.

The relevant word in the definition is the requirement of intent to commit the crime. While this is usually difficult to prove, in this case, the intent to commit genocide is evident in the public and repeated statements made by Israeli officials.

During the 2023 Gaza war, Netanyahu approved a complete siege on the Gaza Strip, stating there would be "no electricity, no food, no fuel, everything is closed." This was followed by the forced expulsion of over half the population of Gaza, and the Israeli army stated that the bombing of Gaza was focused on destruction, not accuracy, causing maximum damage. Over 18,000 Palestinians have been killed in military operations, and 1.9 million others (85% of the population) have been displaced.

Netanyahu's government has also been criticised for its expansion of Israeli settlements in the occupied West Bank, deemed illegal under international law.

Netanyahu's coalition pursued controversial judicial reform

The reform would permit the Knesset to override the Supreme Court by reintroducing legislation and approving it with a majority of Knesset members. It would also diminish the ability of courts to conduct judicial review of the Basic Laws and change the makeup of the Judicial Selection Committee, effectively giving the government control over the appointment of judges.

Netanyahu maintained that the reform was necessary because the judiciary had too much control over public policy and that a better balance was needed between democratically elected legislators and the judiciary. However, he was barred from actively taking part in the process due to a conflict of interest stemming from his ongoing corruption trial.

The coalition also advanced other controversial bills, including reforms to widen the authority of the Rabbinical Court and bills prohibiting criminal proceedings against sitting Prime Ministers, which could free Netanyahu from the corruption charges pending against him.

The proposed reform sparked significant backlash and concern both inside and outside of Israel. Opposition leaders and activists accused the government of undermining established norms of checks and balances and attempting to seize absolute power, arguing that the reform amounted to an attempt at regime change. The Israeli president, Isaac Herzog, called for the reforms to be halted to allow for a wider consultative process, and the president of the Supreme Court and the Attorney General attested to the reform's illegalities.

Protests against the reform escalated in Israel, and on 27 March 2023, Netanyahu announced a pause in the reform process to allow for dialogue with opposition parties. However, negotiations collapsed in June, and the government resumed its plans to unilaterally pass parts of the legislation. On 24 July 2023, the Knesset passed a bill curbing the power of the Supreme Court to declare government decisions unreasonable.

Netanyahu's government has been accused of expanding Israeli settlements in the occupied West Bank, deemed illegal under international law

Benjamin Netanyahu's government has been accused of expanding Israeli settlements in the occupied West Bank, deemed illegal under international law.

In December 2022, Netanyahu's incoming hard-line Israeli government put West Bank settlement expansion at the top of its priority list. The coalition agreement included a commitment to "advance and develop settlement in all parts of the land of Israel," including "Judea and Samaria," the biblical names for the West Bank.

The Israeli government has vowed to legalize dozens of illegally built outposts and annex the occupied territory as part of its coalition deal with ultranationalist allies. This move has been met with criticism, as most of the international community considers Israel's West Bank settlements illegal and an obstacle to peace with the Palestinians. The United States has warned the incoming government against taking steps that could further undermine hopes for an independent Palestinian state.

In response to the Israeli government's plans, Nabil Abu Rdeneh, a spokesman for Palestinian President Mahmoud Abbas, emphasized that the Israeli-Palestinian conflict can only be resolved through the establishment of a Palestinian state with East Jerusalem as its capital. He stated that without a negotiated two-state solution, "there will be no peace, security, or stability in the region."

Netanyahu's government has also been criticized for its close ties to far-right politicians and ultranationalist religious factions affiliated with the West Bank settler movement. One such figure is Itamar Ben-Gvir, a far-right politician who will be in charge of the national police force as the newly created national security minister.

The expansion of Israeli settlements in the occupied West Bank has been a longstanding issue, with Netanyahu facing criticism for this policy during his previous terms as prime minister. This policy has been a source of tension with the international community and has been seen as an obstacle to peace with the Palestinians.

In addition to the expansion of settlements, Netanyahu's government has also been accused of taking other actions that undermine the prospects for a two-state solution. For example, in March 2023, the government repealed a 2005 law whereby four Israeli settlements were dismantled as part of the Israeli disengagement from Gaza.

The expansion of Israeli settlements in the occupied West Bank by Netanyahu's government has been a contentious issue, sparking protests and criticism from various quarters, including the international community, Palestinian officials, and Israeli watchdog groups.

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