Nineteen months have passed since October 7, 2023, the darkest day in modern Israeli history. The day Hamas terrorists invaded our homeland, massacred over 1,200 innocent people, and took 251 hostage. Despite the government’s commitment to victory and the IDF’s sustained military efforts, the war continues with no clear end in sight.
Our brave soldiers – my sons among them – have risked everything to ensure such an attack never happens again. And yet, here we are, still fighting a dragged-out war in Gaza, still burying heroes, and still hearing promises of victory that somehow remain just out of reach.
The obvious question then is this: Why haven’t we won yet?
While military challenges in Gaza are well documented, there is one critical factor that demands greater attention: that of the “deep state” embedded within the legal, military, and bureaucratic systems – and sabotaging our ability to win. These are individuals who wield significant influence over policy implementation.
Just this week, Israeli attorney Guy Bussi highlighted a concerning development: Attorney-General Gali Baharav-Miara and the IDF’s legal adviser have reportedly instructed government ministers and military officials not to assist in any efforts to promote voluntary emigration of Gazans – one of the only viable solutions to permanently removing Hamas’s civilian shield and restoring security to Israel’s South.
However, this policy position – implemented without legislative authorization – directly contradicts government-approved strategies for addressing Gaza’s long-term security challenges.
This illustrates a broader pattern: Unelected officials, acting without legal authority, appear to override democratically determined policies. They are paralyzing the elected government and preventing the implementation of government-mandated policy. As Bussi said, these legal advisers are acting like “willing slaves of radical left-wing organizations” and are preventing Israel from achieving Jewish survival and sovereignty.
Yet this is far from an isolated case. There are many other examples of how this establishment has handcuffed our soldiers, blocked our leaders, and prolonged this war.
Five examples
1. Prohibition of the “Neighbor Procedure” (2002)
Following petitions from radical NGOs, Israel’s High Court banned the IDF from using the “neighbor procedure,” where soldiers would request civilian assistance to approach terrorist positions. While intended to protect civilians, this ruling prioritized enemy non-combatants over Israeli soldier safety – a principle that continues to influence current operations. The court deemed it inconsistent with international law, prioritizing enemy civilians over the lives of our soldiers – a principle that persists to this day.
2. Modified rules of engagement
Reports indicate that in late 2023, the IDF rules of engagement in Gaza were tightened due to legal advice and international pressure, requiring additional verification before opening fire in populated areas. While the changes – based on legal fears and image management – were meant to minimize civilian casualties, the result is that our soldiers are now in more danger as they try to eliminate terrorists.
3. Refusal to distribute humanitarian aid
Throughout the war, two consecutive IDF chiefs of staff stated that IDF soldiers would not distribute humanitarian aid to Gazans. This despite the cabinet’s directive and citing legal concerns. And yet, Hamas continues to receive aid while our hostages remain in captivity. Once again, the legal system sides with the enemy’s survival over our people’s victory.
4. Post-October 7 prosecutions
While the IDF unfortunately failed to be present in the critical hours of October 7 to protect our civilians, the military legal establishment wasted no time opening legal cases against the soldiers who stepped in to save lives before the army was mobilized. These warriors, many acting on instinct and urgency while the system crumbled, have found themselves under legal review instead of national gratitude.
5. The Sde Teiman Investigation
In the shocking case of the Sde Teiman prison facility, allegations of abuse against Hamas terrorists were pushed through a doctored video, which as we now know, may have been manipulated with the help or knowledge of the legal establishment. That video was promoted around the world, causing a massive diplomatic scandal for Israel, and used to target and prosecute Israeli soldiers, even though the allegations were ultimately dropped. Not only is this an act of political warfare against our citizens, but the legal establishment has yet to properly investigate who altered the video and leaked it to the media.
A seep grip undermining the war effort
Still wondering why Israel hasn’t won yet? It is not due to a lack of IDF strength or government will. I submit it is because the Deep State refuses to release its grip on ruling the country.
Those making the decisions, stopping the government, and hampering efforts to win this war are not elected officials. They answer to no one and can’t be fired. Yet when the government tries to fire those whom the law allows, such as the head of the Shin Bet, the legal branch steps in to stop it.
These unelected government and legal officials are actively undermining the war effort, overriding cabinet decisions, and paralyzing Israel at its most critical moment.
What makes this particularly problematic is that these actors, as Bussi observed, often appear to advance agendas that align more with external advocacy groups than with elected government policies. This creates a situation where democratic governance is undermined not through external pressure but through internal institutional capture.
The path Forward to victory
The only way to win this war and secure Israel’s future is to break the legal stranglehold of the unelected influencers over the military and the government. Israel needs sovereignty – not just over land but over law. That means reforming the legal system, holding bureaucrats accountable, and returning power to the elected representatives of the people.
Victory in this war will ultimately come from our soldiers’ courage and skill on the battlefield. However, ensuring they have the institutional support needed to complete their mission requires addressing the challenges that may be prolonging the conflict.
The Israeli public deserves transparency about these internal dynamics and a serious discussion about how to optimize our institutions for both wartime effectiveness and democratic accountability. Only by addressing these systemic issues can we ensure that future victories are achieved as swiftly and decisively as possible.
The writer is the host of the Pulse of Israel daily video/podcast and the CEO of 12Tribe Films Foundation.
