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Calls are growing in Israel to declare Prime Minister Benjamin Netanyahu legally incapacitated following the publication of a sworn statement by Shin Bet (Israeli security service) chief Ronen Bar. In a statement filed on Monday, Bar claims that Netanyahu decided to fire him because of a series of actions that posed a political threat, the Jerusalem Post reports .
According to Barak’s statement, Netanyahu put pressure on him because the Shin Bet chief refused to approve security measures that would have delayed the prime minister’s testimony in his criminal case. In addition, the Shin Bet was investigating two cases involving close associates of Netanyahu, including the leak of classified documents and the alleged provision of PR services to Qatar. The bar has also criticised the political leadership in the investigation into the events of 7 October and insisted on the establishment of a state commission of inquiry.
Bar said that Netanyahu demanded that he use tools designed to combat subversion or violence against the leaders and “financiers” of the judicial reform protests, including attorney Gonen Ben-Yitzhak, one of the founders of the Crime Minister protest group. In addition, the prime minister allegedly ordered the head of Shin Bet to obey him, not the Supreme Court, in the event of a constitutional crisis. Bar also filed a secret application with documents that he claims support his accusations.
Israel’s Basic Law on Government provides that if the prime minister is temporarily unable to perform his duties, he is replaced by an acting prime minister. If the replacement lasts for 100 consecutive days and the prime minister does not return to office, he is considered permanently incapacitated, which leads to the resignation of the government on the 101st day. Although the law does not define the term “incapacitated”, court decisions indicate that in extreme situations it may refer to legal incapacity, not just physical or mental incapacity.
In March 2023, Netanyahu’s coalition amended the law to limit incapacity to physical or mental conditions to avoid legal interpretation against the prime minister. However, in January 2024, the Supreme Court ruled that these amendments would only take effect with the next convocation of the Knesset, as they were designed specifically for Netanyahu and were considered an abuse of constitutional authority.
Declaring the prime minister legally incapacitated has never been used in Israel before, and the consequences of such a move remain unclear. It is a controversial decision, as it could lead to the removal of the highest elected official and possibly the fall of the government. Opposition leaders are cautious about supporting such a move, fearing that it could be perceived as a political manoeuvre that would undermine their legitimacy among government supporters.
One opposition lawmaker, Matan Kahana of the National Unity party, sharply criticised the idea of incapacitation, comparing it to calls for disobeying the Supreme Court. The legal battle is largely being waged by NGOs, including Israel Democracy Guard (IDG), which has filed a petition with the Supreme Court demanding that it explain why Netanyahu should not be declared incapacitated. On Monday, IDG was granted permission to add Bar’s statement to its appeal.
Netanyahu is on trial on charges of bribery, fraud and breach of trust. Back in 2020, a number of groups appealed to the Supreme Court to ban him from office due to a conflict of interest, but the court allowed Netanyahu to remain prime minister, subject to a conflict of interest agreement. This agreement prohibits him from interfering in matters related to his trial, including the law enforcement and judicial systems.
The IDG argues that Bar’s statement confirms Netanyahu’s intention to use the Shin Bet against Supreme Court rulings, which threatens Israel’s democratic system. The organisation believes that Netanyahu’s continued presence in office poses a danger to the Jewish and democratic character of the country.
Source: Jerusalem Post, 23 April 2025
