Arab Party Disqualification Possible Amid Shifting Israeli Political and Judicial Landscape

Dr. Hassan Jabareen, director of the Arab Center for the Advancement of Human Rights (Adalah), has warned of the potential disqualification of Arab parties from Israeli elections. He highlighted a shift in the Israeli Supreme Court's composition and the political climate since the October 7th attacks, suggesting scenarios where an entire party or individual candidates could be removed from electoral lists. Jabareen noted that disqualification requests, primarily from the Likud party and others, are facing a new judicial test under these altered circumstances.

Jabareen explained that while the arguments used in current disqualification attempts are similar to past ones, the political and judicial environment has changed significantly post-October 7th. He pointed to a notable shift in the Supreme Court's majority from liberal to conservative judges over the past three decades, which he believes will influence decisions, particularly on ideologically charged cases concerning national identity and Palestinian statehood.

The primary battleground for these disqualification requests is expected to be the Supreme Court, following anticipated votes in the Central Elections Committee, where the government coalition holds a majority. Attention is also being directed towards the opposition parties' stances on these disqualification bids.

A potential legal scenario involves attempting to disqualify a party from within a joint list, allowing the remainder of the list to continue. This scenario was previously raised concerning the Ta'al party within a joint list, but the Supreme Court did not definitively rule on it, leaving the possibility open. The legal debate includes whether a joint list can serve as a cover for an illegal party, making the disqualification of a component party a viable legal issue. Individual candidates, such as Ofer Cassif, could also be targeted based on past statements and positions.

Jabareen stressed that journalistic reports or NGO activities alone are insufficient legal grounds for disqualification. He stated that providing aid to Gaza residents does not inherently prove support for Hamas or armed struggle, and the burden of proof lies with those seeking disqualification. However, he acknowledged that the changed judicial and political climate makes the current legal confrontation distinct from previous experiences. In response, attorney Adel Barnea is preparing counter-disqualification requests against parties like Otzma Yehudit and its figures, aiming to ensure Arab parties do not face these challenges alone in court.