Israeli top court hears case on Netanyahu's political future

If the court decides against Netanyahu, it could give way to a constitutional crisis

ISRAEL-POLITICS/ Israeli PM | Reuters

The possibility of Benjamin Netanyahu forming a government depends on what Israel's Supreme Court decides. Netanyahu, on November 21 was indicted of corruption and now awaits trial, a process that could take two years. 

Israel's Supreme Court convened Tuesday to hear a petition on whether an indicted member of parliament can form a new government, a key test case for whether Prime Minister Benjamin Netanyahu can prolong his political career after elections in March. 

Indicating that the investigators who indicted him of corruption are trying to drag the Supreme Court to legally sabotage his chances of forming a government. In a video, he posted online Netanyahu said, “I cannot fathom that the Supreme Court of Israel would fall into this trap. In a democracy, it is the nation that decides who will lead it and no one else. That is how it always was, and that is how it will always be.”

If the court decides against Netanyahu, it could give way to a constitutional crisis in Israel, and exacerbate the already tenuous ties between the Israeli government and judiciary.

Netanyahu, who was re-elected leader of the ruling Likud party last week, appears poised to seek immunity from the corruption charges against him, delaying the prospect of a trial until the elections when he hopes to have a parliamentary majority coalition that will shield him from prosecution. His allies have issued stern warnings against what they call an activist court overstepping its authority.

There is no restriction on the leader who has been in power for more than a decade to run in the March 2 election, the third in less than a year, but good governance groups are appealing on whether he could be tasked with forming a new government if he emerges victorious.

While Israeli law requires Cabinet ministers and mayors to step down if indicted, it does not specify for a sitting prime minister.

Since a government was not formally formed after elections in September, the request for immunity could languish in the parliament, as opposed to being approved by a parliamentary committee before submitted to a full vote.

Besides bribery, Netanyahu has been charged with fraud, bribery and breach of trust stemming from three cases of trading political and regulatory favours for positive press coverage and accepting lavish gifts from wealthy supporters.