Two weeks after Israel’s national elections, opposition leader Gadi Eisenkot has been given a chance by President Isaac Herzog to cobble together a government. But with neither Eisenkot nor Prime Minister Benjamin Netanyahu’s coalition securing the 61 seats needed to secure a majority in the Knesset, who eventually forms the next administration is far from clear. As Eisenkot huddles with members of his alliance and negotiates with potential outside partners who could support his coalition, including Arab parties, Netanyahu remains ensconced as a caretaker prime minister.
And if Eisenkot fails to form a government, Herzog might approach Netanyahu to see if he can form a workable coalition government. This transitional status creates a unique political landscape where the incumbent lacks a popular mandate but retains the keys to the state’s most powerful institutions. So what does that mean for Israel, and what powers does Netanyahu enjoy as a caretaker prime minister?
Israel has no single constitution but instead relies on a series of what are known as Basic Laws as its foundational legal principles. Under Article 30 of Israel’s Basic Law: The Government, the outgoing administration continues to operate seamlessly until there is a new one sworn in to replace it. He has the authority to make new appointments and security-related decisions.
But he is expected to face extra scrutiny over any moves because while he has legal powers, he does not necessarily enjoy “legitimacy” any more, Jabareen noted. While Netanyahu commands the executive branch, Article 40 of the Basic Law: The Government authorises his cabinet to launch a new war if it votes in its favour. He cannot start a new conflict on his own.
But Netanyahu can strategically manipulate existing conflicts. We are talking about igniting and employing an existing threat. We are talking about Iran.
We are talking about Lebanon,” Jabareen said. Because Eisenkot and his allies are not members of the current security cabinet, Netanyahu wields unchecked influence over how intelligence is framed. And what is presented as a final opportunity [for potential attacks] that cannot be delayed?
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