President Isaac Herzog has assigned the task of forming the next Israeli government to Gadi Eisenkot, yet Benjamin Netanyahu remains in his role as prime minister. In this capacity, Netanyahu continues to hold executive authority, oversee the defense establishment, and direct national policy regarding Iran. This unusual political configuration following recent elections has raised significant questions about who holds the ultimate authority to make critical security decisions, particularly those involving a potential renewal of military operations against Tehran.
The central legal issue hinges on the powers of a caretaker government. According to an examination of Basic Law: The Government, caretaker administrations are not legally prohibited from engaging in war. Precedents indicate that such governments have previously overseen major military campaigns. The key considerations involve the specific circumstances justifying action, the procedural requirements for decision-making, and whether an urgent threat makes postponement impossible.
This domestic debate coincides with a growing divergence between Jerusalem and Washington. US President Donald Trump has recently stated that he sees no immediate need to resume military strikes against Iran. His administration is actively pursuing a potential agreement with Tehran, while Netanyahu maintains that a regime change is the only permanent solution to the Iranian threat. Trump expressed this view in a recent interview with CBS's 60 Minutes and during a meeting with Qatari Prime Minister Mohammed bin Abdulrahman Al Thani, noting that while the US military remains prepared, diplomatic efforts are currently the priority.
Secretary of State Marco Rubio has aligned with this diplomatic stance, arguing that economic pressure from sanctions and a naval blockade is effectively damaging the Iranian regime. He suggested that the full impact of these measures will become apparent in the coming months. Meanwhile, Vice President JD Vance has become a central figure in diplomatic efforts, engaging in daily indirect contacts with Iranian mediators through Qatar and Pakistan. The US administration is also exploring the possibility of direct working-level talks between American and Iranian officials.
In contrast, Netanyahu advocates for a tougher approach. During an address to the Knesset on Wednesday, he called for a national unity government and argued that overthrowing the ayatollahs' regime is essential. He warned that the international community might accept the resumption of Iran's nuclear program if action is not taken. Reports from the Financial Times indicate that Arab leaders are concerned Netanyahu is pressuring Trump to resume the military campaign, though Israeli sources suggest there is no concerted effort to persuade the US president to launch another strike.
The security cabinet has not convened since October 5, before the Knesset elections, and is expected to meet on November 15. During this period, the defense establishment has been instructed to increase its readiness for a possible strike on Iran. This development has prompted questions about which forums are conducting security discussions and how decisions are being made while the government serves in a caretaker capacity.
Legal analysis points to Section 40 of Basic Law: The Government, which requires a government decision for significant military actions that may lead to war. This authority can be delegated to the security cabinet for reasons of national security. Section 30 further stipulates that an outgoing government continues to perform its duties until a new one is formed. Supreme Court rulings establish that while caretaker governments must exercise restraint, they retain considerable freedom to act in the face of an immediate security threat.
Historical precedents support the legality of military action under caretaker administrations. In December 2008, Ehud Olmert's caretaker government launched Operation Cast Lead. In May 2021, Netanyahu, serving as caretaker, oversaw Operation Guardian of the Walls. In August 2022, Yair Lapid led Operation Breaking Dawn. These cases demonstrate that caretaker governments can use military force, though a new war against Iran intended to reshape the regional order could differ significantly in scope.
The debate took on a political dimension on Wednesday night when Eisenkot sent a letter to Netanyahu demanding restraint. Eisenkot cited the recommendations from 67 Knesset members as evidence of a shift in political balance. He warned against deploying security forces without a direct and immediate threat, arguing that such actions could damage democratic institutions. He also asked Attorney-General Gali Baharav-Miara to examine the caretaker government's powers and ensure he receives regular security briefings.
The Prime Minister's Office rejected Eisenkot's claims, stating that all decisions were based on security considerations and fully coordinated with the defense establishment. It accused Eisenkot of introducing political considerations into security discussions. As neither leader knows the final composition or timing of the next coalition, the distinction between preventing an immediate threat and initiating a broader regional initiative remains the decisive issue.
