A confidant of new National Security Minister Itamar Ben Gvir reportedly said Thursday that the far-right lawmaker has no intention to secure full control over the Border Police, despite a clause in his party’s coalition agreement with Prime Minister Benjamin Netanyahu’s Likud party that specifies otherwise.
The deal released on Wednesday states that the Border Police will be sliced away from the Israel Police and placed under the direct control of Ben Gvir. The agreement states that the move will be made within 90 days of the government’s formation, “turning [the Border Police] into an independent service in similar status to the Israel Prison Service and subjecting it to the authority of the minister.”
The gendarmerie force will subsequently answer to the national security minister directly, giving Ben Gvir control over a force that carries out sensitive operations in the West Bank, is in charge of quelling Palestinian riots and protests, and responsible for policing demonstrations within Israel as well.
Previously, it was thought that Ben Gvir would be given greater jurisdiction over Border Police in the West Bank, usually under the purview of the defense minister. The broader clause removing the entire force from under the police chief and offering the minister direct control was only revealed upon publication of the full agreement between Otzma Yehudit and Likud.
In an apparent attempt at damage control, a source close to Ben Gvir told Channel 12 that the national security minister does not actually intend to seek full control over the Border Police at this stage and that the clause in the signed coalition deal had been incorrectly phrased.
“This is not a decision that there is an intention to realize, but rather an option for the future,” the source told the network.
Head of the Otzma Yehudit party MK Itamar Ben Gvir and Chief of Police Kobi Shabtai at a special committee hearing in the Knesset, December 14, 2022. (Yonatan Sindel/Flash90)
“The phrasing of this clause was incorrect, and the intention was [to relate to] the transfer of the National Guard and not the Border Police,” the source added referring to the yet-to-be-established civilian force that was announced by the previous government. It remains unclear how the National Guard will look or operate.
The attempt to assuage concern over an apparently massive overhaul to law enforcement command did not seem to suffice though. Channel 12 quoted an unnamed police source who said his colleagues were unimpressed by the anonymous words of reassurance by Ben Gvir’s confidant.
“This [clause specifying Ben Gvir to gain direct control over the entire Border Police] is another threat hanging above the head if the police commissioner: If he doesn’t do what Ben Gvir tells him to do, one of the leading operational units of the police will be removed from his control,” the police official said.
The Knesset passed a law on Wednesday cementing broad political control over the force, which Ben Gvir demanded as a condition for joining Netanyahu’s government.
Amending existing police regulations, the law states that the government has “authority” over the Israel Police. It places Ben Gvir, as incoming national security minister, “in charge of” the force on behalf of the government.
Israeli border police officers in the West Bank city of Hebron, October 12, 2022. (Wisam Hashlamoun/Flash90)
The law explicitly grants Ben Gvir the authority to direct general police policy and to outline “general principles for action.” He can also influence policy relating to investigations, after consulting with the police commissioner and hearing the attorney general’s opinion.
Even more explosive provisions to make the police commissioner formally subordinate to Ben Gvir, as well as give the minister free rein to develop policy on investigations and police prosecution, were removed from the law in response to pressure from the attorney general’s office, which objected to the clauses’ undermining of the independence of the police force.
Ben Gvir has said he plans to pursue the legislation of those policies at a later date.
Critics of the move to hand over police control to Ben Gvir, including outgoing Defense Minister Benny Gantz, have warned that his new authority could seriously harm Israel’s security.
Ben Gvir has repeatedly challenged the police’s independent command structure, pushing to slacken open-fire rules to permit security forces to shoot anyone holding a stone or firebomb. He also said he wants to increase legal immunity for security forces.
Military open-fire rules are currently decided by IDF commanders, and for police by their own respective chain of command. Border Police forces in the West Bank, however, are subordinate to the military and follow its open-fire rules.
Ben Gvir never served in the military but has gained popularity with a promise to return personal security amid a spate of terror attacks this year, internal violence sparked by the May 2021 conflict, and alleged lack of governance in Israel’s rural north and south.
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Ben Gvir aide said to deny national security minister seeks control over border cops - The Times of Israel
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