Israel's Attorney General Sidesteps Ruling on Disqualifying Arab Lawmaker

Israel's Attorney General, Gali Baharav-Miara, has submitted a response to petitions seeking to disqualify Sami Abu Shehadeh, a prominent figure in the Balad party and number three on the Joint List, from running in the upcoming elections. The petitions, filed by the Otzma Yehudit party and others, accuse Abu Shehadeh of denying Israel's existence as a Jewish and democratic state and supporting armed struggle by terrorist organizations. The core of the allegations regarding support for armed struggle centers on an article Abu Shehadeh published on October 8, 2023, following Hamas's attack on Israel. In the article, he wrote about the potential for others to carry out similar actions more effectively and suggested that the Palestinian Liberation Organization (PLO) should be involved in the political process that would follow such a campaign. The Attorney General's response noted that these statements were made when the extent of Hamas's atrocities was becoming known, with terrorists still in southern Israel and active fighting occurring.

While acknowledging that Abu Shehadeh's words are "outrageous" and "shocking" and appear to support armed struggle, the Attorney General stated that they do not meet the legal threshold for disqualification from running in elections, based on established Supreme Court precedents. These precedents require a "critical mass" of clear and unequivocal evidence demonstrating a candidate's dominant characteristic contradicts election law, and that this involves repeated, ongoing activity. The Attorney General also addressed the claim that Abu Shehadeh denies Israel's existence as a Jewish and democratic state, noting his call for Israel to become a "state of all its citizens." The legal interpretation, as per Supreme Court rulings, distinguishes between a legitimate call for equality and minority rights and an intent to negate Israel's character as the state of the Jewish people. Abu Shehadeh's published platform, which includes calls for recognizing unrecognized villages, halting demolition orders, and ensuring the collective rights of the Arab minority, does not approach the latter interpretation.

The Attorney General's response has been criticized for not providing a definitive answer, instead deferring the decision to the Central Elections Committee. The article suggests that the committee, influenced by political considerations, is likely to disqualify candidates not aligned with the ruling coalition, as it has in past decades. The Supreme Court will ultimately review any disqualifications made by the committee.