Israeli High Court rules: Gov’t decision to end tenure of Shin Bet chief was unlawful

In a sharply worded verdict, Israel’s High Court of Justice ruled on Wednesday evening that the government’s decision to dismiss Shin Bet Director Ronen Bar was made through an improper process and contrary to the law.

Attorney General Gali Baharav-Miara stated: “Prime Minister Benjamin Netanyahu cannot appoint a new Shin Bet chief at this time.”

In a letter sent to the prime minister, Baharav-Miara explained her position by noting the High Court justices’ ruling that the decision to dismiss Bar was made while the prime minister was in a conflict of interest.

“You must refrain from any action related to the appointment until the legal examination of the matter is completed, the verdict is studied, and it is applied to the current factual circumstances. We will formulate legal guidelines on the matter in the coming days,” she wrote.

In the majority opinion, written primarily by Supreme Court President Justice Yitzhak Amit, it was stated that all heads of the security services – including the Shin Bet director – owe a duty of loyalty to the public.

“The loyalty of the heads of the security establishment is not a partisan-political loyalty to a specific government or personal loyalty to one prime minister or another. It is loyalty to the entire Israeli public,” wrote Justice Amit.

It was also emphasized during the hearing that strict and uncompromising adherence to proper procedure in dismissals is part of implementing these fundamental principles.

Additionally, the Court determined that the government failed in its duty to bring the issue of ending the Shin Bet chief’s tenure before the advisory committee on senior appointments – and that the decision was made while the Prime Minister was in a conflict of interest due to investigations concerning his close associates, lacked a factual basis, and was made without a proper hearing for the Shin Bet chief.

“The severity and accumulation of the flaws in the decision indicate an abandonment of fundamental principles,” wrote Justice Amit.

In contrast, Deputy Supreme Court President Justice Noam Sohlberg wrote that there was no longer a cause to hear the petitions after the Shin Bet director resigned.

He added that if the High Court were to rule on theoretical petitions on subjects at the heart of public controversy, it could fan the flames: “We have an obligation to do everything within our power to lower the flames.”

Nevertheless, Sohlberg also emphasized the importance of proper and orderly process.

Additionally, the High Court ruled that the respondents in the petition – Prime Minister Netanyahu and the government – must pay NIS 40,000 (over $11,000) in legal costs to the petitioners, a rare move reserved for particularly significant petitions.

The Movement for Quality Government, one of the petitioning groups, welcomed the decision: “This ruling is a clear declaration that even during wartime, the rule of law and democratic principles are non-negotiable. The safeguarding of the independence of gatekeepers is part of Israel’s internal strength.”

Another petitioner, the Movement for the Integrity of Government, also praised the verdict: “This is an important ruling by the court that clarifies what should have been obvious – that the Shin Bet chief is loyal to the public, not the Prime Minister. The position is not a personal trust-based appointment, and the government may not dismiss the head of the service for illegitimate reasons.”

Two weeks ago, Baharav-Miara had ruled: “The Shin Bet chief is not a personal trust appointee of the political echelon. A decision in the petition is especially crucial ahead of the appointment of the next Shin Bet chief to ensure he can withstand improper pressure.”

By doing so, the attorney general opposed the deletion of the petitions and called for a principled ruling by the High Court on whether the position of Shin Bet chief constitutes a personal trust appointment.

As reported by Kan News, the breakdown in talks between the sides occurred after the government refused to declare that the Shin Bet position is not a personal trust appointment.

Her response came following the government's request to dismiss the petitions against the dismissal, which was submitted immediately after Ronen Bar announced his retirement date, in an effort to prevent a landmark High Court ruling.

Government’s request to dismiss the petitions

Bar announced that he would resign from his position on June 15. Regarding his dismissal process and the High Court proceedings, he said: “This is an organization whose proper functioning is of immeasurable importance to the security of the state and to Israeli democracy.”

“Over the past month, I have fought for this, and this week the full legal foundation was laid before the High Court of Justice. I hope the ruling to be issued will ensure that the Shin Bet remains such an institution – long-term and without fear.”