World
Netanyahu’s Caretaker Role Allows War, but Requires Government Approval
Benjamin Netanyahu remains Israel’s caretaker prime minister while President Isaac Herzog has tasked Gadi Eisenkot with forming a new government. Israeli law does not forbid a caretaker government from declaring war, but it does set conditions on how such a decision can be taken. Section 40 of Israel’s Basic Law states that the government must decide on any action that could initiate a war or is likely to lead to one with a high probability. The prime minister may delegate this authority to the Ministerial Committee on National Security Affairs, the security cabinet, if deemed necessary for national security, foreign relations or secrecy. The law also allows military action required to defend the state and protect public security.
Under Section 30 of the Basic Law, an outgoing government continues to discharge its responsibilities until a new government is formed, so Netanyahu and his ministers retain their executive powers. However, the Supreme Court has ruled that an outgoing government must act reasonably and proportionately, taking into account its reduced democratic legitimacy after an election.
Netanyahu cannot independently authorize a war. Section 40(a) requires a decision by the full government for any military action that amounts to initiating a war or is likely to lead to one with a high probability. The security cabinet can also make such a decision if the government has lawfully delegated the authority to it. Thus, while Netanyahu retains the powers of the prime minister during the political transition, he must still follow the prescribed approval process for military action.
Reports indicate that Netanyahu has been urging U.S. President Donald Trump to resume strikes on Iran, calling the president daily. Trump has said fresh strikes appear unlikely after discussions with Qatari Prime Minister Sheikh Mohammed bin Abdulrahman Al‑Thani, whose government is leading regional efforts to broker an agreement between Washington and Tehran. Regional leaders have urged Washington to prioritize negotiations and avoid further escalation.
Frequently asked questions
Can Netanyahu declare war as caretaker prime minister?
Section 40 of Israel’s Basic Law states that a caretaker government cannot independently authorize war; a decision must be made by the full government or, if delegated, by the security cabinet.
What executive powers does Netanyahu retain during the caretaker period?
Under Section 30, the outgoing government continues to discharge its responsibilities until a new government is formed, so Netanyahu and his ministers keep executive powers but must follow the prescribed approval process for military action.