Basic Law

Three years after October 7, Israel faces a dangerous new threat and this time, the battlefield is the international legal system. In this episode of "Basic Law", Aylana Meisel-Diament exposes what she argues could become a devastating legal precedent at the International Court of Justice, potentially lowering the threshold for proving genocide and putting Israel and other Western democracies at risk. She examines whether Israel’s own Supreme Court has weakened the country’s ability to defend itself, and why decades of legal restraint have failed to shield Israeli leaders from international prosecution. Plus, a dramatic election controversy involving an Arab politician’s statements about October 7 raises troubling questions about double standards in Israeli democracy.

In this wide-ranging election interview, opposition lawmaker MK Moshe Tur-Paz attempts to reconcile some of Israel’s most consequential challenges: integrating the rapidly growing Haredi population through major changes to education, employment and national service. The conversation then turns to judicial reform, LGBTQ issues in religious schools and his party’s controversial proposal for a “thin constitution.” It’s a revealing look at the ideas and political alliances that could shape Israel after the election.

Israel desperately needs more soldiers, but bringing thousands of Haredim into the IDF could transform far more than the size of the army. Rabbi Yehoshua Pfeffer, a Haredi rabbi who himself enlisted after October 7, explains why Israel’s old approach to Haredi military service is breaking down and why a new Haredi political movement is challenging decades of conventional thinking. From clashes over women serving alongside religious soldiers to draft exemptions, Supreme Court intervention and what he calls the “politics of poverty,” you’ll learn how this emerging movement wants to redefine the relationship between Haredim and the Jewish state, and why its vision of partnership could reshape both Israeli politics and the IDF.

What if the real driver of violence in Judea and Samaria isn't ideology, but a decades-old legal vacuum almost nobody is talking about? Aylana Meisel-Diament sits down with Amiad Cohen to unpack his provocative argument that unclear land ownership, inconsistent enforcement and overlapping Israeli, Palestinian, Jordanian, British and Ottoman legal systems have created a system where disputes can become physical battles for control. From settler violence and Palestinian construction to E1, European pressure and the future of Area C, Cohen explains why he believes Israel needs to move from military management toward civilian policing and clearly defined property rights. You'll learn why he sees this as "practicing sovereignty" without formally declaring it, how October 7 changed Israel's strategic debate and why a seemingly technical fight over policing and land registration could ultimately determine the future of Judea and Samaria. The Israel Law & Liberty Forum is proud to partner with JNS to offer a platform for conservative and classical liberal legal thought from within Israel. Any opinions stated are those of the speaker and not meant to represent the positions of the Forum or JNS. The Forum fosters thoughtful conversation and debate on key issues in Israeli law and democracy and takes no official positions regarding specific policy issues.

What happens when the government tries to fight antisemitism on campus and the courts stand in its way? In this episode of Basic Law, Aylana Meisel-Diament is joined by Kenneth L. Marcus, founder and chairman of the Louis D. Brandeis Center for Human Rights Under Law and former U.S. Assistant Secretary of Education for Civil Rights, to examine the legal battle over antisemitism in American education. The discussion begins with a federal judge’s decision to dismiss the Justice Department’s civil-rights case against Harvard and what that ruling could mean for future Title VI enforcement. Marcus explains why he believes the decision applied the wrong standard and discusses its potential implications for cases involving other universities, including UCLA. The conversation also explores allegations surrounding the Justice Department’s handling of university investigations, the role of federal funding in enforcing civil-rights protections, and the spread of antisemitism beyond higher education into K-12 schools and other institutions. The Israel Law & Liberty Forum is proud to partner with JNS to offer a platform for conservative and classical liberal legal thought from within Israel. Any opinions stated are those of the speaker and not meant to represent the positions of the Forum or JNS. The Forum fosters thoughtful conversation and debate on key issues in Israeli law and democracy and takes no official positions regarding specific policy issues.