High Court Demands Netanyahu Justify Retaining Ben Gvir Amid Rising Tensions
Jerusalem, Wednesday, 4 February 2026.
The High Court has ordered Netanyahu to explain why Ben Gvir remains in office, expanding the judicial panel to nine justices to address the gravity of this constitutional challenge.
Judicial Escalation and Expanded Panel
On Wednesday, February 4, 2026, the High Court of Justice issued a conditional show-cause order requiring Prime Minister Benjamin Netanyahu to explain why National Security Minister Itamar Ben-Gvir should not be dismissed [3]. Recognizing the “nature and gravity” of the case, the court has expanded the judicial panel to nine justices [1]. The hearing, originally planned for January but delayed, is now scheduled for March 24, 2026 [1]. The expanded panel includes Justices Isaac Amit, Noam Sohlberg, Daphne Barak-Erez, Yael Willner, Ofer Grosskopf, Gila Canfy-Steinitz, Khaled Kabub, Yechiel Kasher, and Alex Stein [1][2].
Strict Timelines Imposed
The court has established a rigid schedule for the government’s compliance. The state is required to submit its formal response by February 24, 2026 [2]. Furthermore, affidavits from both Prime Minister Netanyahu and Minister Ben-Gvir must be filed by March 10, 2026 [1][2]. This procedural acceleration follows the government’s previous lack of attention to the matter and sets the stage for a decisive legal confrontation in late March [2].
Constitutional Friction and Executive Pushback
The judicial order has elicited sharp rebukes from the executive branch, highlighting the deepening rift between Israel’s governing coalition and the judiciary. Minister Ben-Gvir responded by declaring that the court has “no authority” and asserting that “there won’t be a coup” [1]. This sentiment was echoed by Justice Minister Yariv Levin, who stated on February 3 that the court is effectively acting as the executive and legislative branches, maintaining that only Netanyahu holds the authority to appoint or dismiss ministers [2]. Cabinet Secretary Yossi Fuchs characterized the potential termination of a minister not under criminal investigation as a “red line” and a “clearly illegal order” [1].
Allegations of Systematic Power Abuse
The legal proceedings are grounded in serious accusations regarding Ben-Gvir’s conduct. On January 3, 2026, Attorney General Gali Baharav-Miara filed a statement accusing the minister of systematically abusing his powers [1]. In a comprehensive 68-page opinion, she detailed instances where Ben-Gvir allegedly intervened inappropriately in police operations [1]. These interventions reportedly included pressure on officers regarding the treatment of anti-government protesters, the status quo on the Temple Mount, and the protection of aid trucks bound for Gaza [1].