Netanyahu's Enduring Power: Navigating the Complexities of Israel's Caretaker Prime Minister Role

Two weeks after Israel's national elections, a political stalemate persists. Opposition leader Gadi Eisenkot has been tasked by President Isaac Herzog with forming a government, but neither Eisenkot nor Prime Minister Benjamin Netanyahu's coalition has secured the necessary 61 seats for a majority in the Knesset. This leaves the formation of the next administration uncertain.

While Eisenkot engages in negotiations with potential coalition partners, including Arab parties, Benjamin Netanyahu continues to serve as the caretaker prime minister. Should Eisenkot fail, President Herzog may turn to Netanyahu to explore the possibility of forming a workable coalition. This transitional period places the incumbent in a unique position, holding significant institutional power despite lacking a fresh popular mandate.

Ehab Jabareen, an analyst and Palestinian citizen of Israel, explained to Al Jazeera that while Netanyahu has lost the priority in forming the government, he retains the current premiership. "His power now lies in that his opponents need an agreement to remove him – and their differences are the reason for his current [political] survival," Jabareen stated. He further described Israel's situation as a "constitutional paradox" where the prime minister operates without a popular mandate.

Israel, lacking a single constitution, operates under a series of Basic Laws. According to Article 30 of the Basic Law: The Government, the outgoing administration continues its functions until a new government is sworn in. "Consequently, Netanyahu and his government continue to work until a new government gains the confidence of the Knesset under the principle of government continuity," Jabareen noted. During this phase, the government manages state affairs, security, and foreign relations, but with an expectation of "duty of reservation and restraint."

Security and War Powers

A key concern is Netanyahu's authority over the military during his caretaker tenure. He can make new appointments and security-related decisions, though any such moves are expected to face heightened scrutiny due to his diminished "legitimacy," according to Jabareen. While Netanyahu leads the executive branch, Article 40 of the Basic Law: The Government allows his cabinet to initiate a new war with a majority vote; he cannot unilaterally start a new conflict. However, Netanyahu possesses the ability to strategically influence existing conflicts, particularly concerning Iran and Lebanon, by framing intelligence and presenting options to the security cabinet.

The Shin Bet, Israel's internal intelligence agency, continues to report directly to the premier, a status unchanged during his caretaker role. Jabareen highlighted the prime minister's crucial role in shaping the information presented to the cabinet, influencing the perception of threats and opportunities.

Domestic and Legislative Constraints

Netanyahu's domestic and legislative powers are subject to functional limitations. Maysara Bahr, an expert on Israeli affairs, pointed out that Netanyahu could make financial decisions that burden the incoming government, potentially increasing its "indebtedness." However, he is barred from enacting new legislation that could shield him from his ongoing corruption trial.

Political Maneuvering

Jabareen suggests that Netanyahu is leveraging his caretaker position to undermine the opposition. This includes appealing to Zionist voters by characterizing Eisenkot's alliance as reliant on Arab parties. Bahr also cautioned that Netanyahu might instigate domestic unrest to disrupt the transition, indicating a willingness to employ various tactics to remain in power.

International Comparisons

Israel's caretaker government process shares similarities with other parliamentary democracies like the United Kingdom and India, where caretaker prime ministers generally retain their legal powers but are conventionally expected to avoid major policy decisions. In contrast, the United States has a stricter transition period with intense congressional oversight on outgoing presidents regarding budgets and appointments.