Israel's High Court Expected to Uphold Knesset Candidate Disqualification

The Israeli Supreme Court is expected to unusually uphold the disqualification of Sami Abu Shehadeh, chairman of the Balad party, from running in the upcoming Knesset elections, according to legal sources cited by Kan News. These sources described the situation as an "unusual event that will lead to an unusual, even precedent-setting, decision." The circumstances, particularly following the October 7th attacks, combined with the positions of the Attorney General and the head of the Central Elections Committee who both recommended disqualification, are likely to prompt the High Court to approve the ban.

Legal analysts anticipate that other disqualifications made by the Central Elections Committee, including those affecting the Joint List, Ra'am, and MK Ofer Cassif, will likely be overturned by the Supreme Court. This is based on historical precedent where such politically motivated decisions by the committee have been reversed by the court, which applies different legal criteria.

Despite a potential disqualification from the Knesset, Abu Shehadeh might still lead the Balad party from outside parliament, pending a party decision. Balad holds two other realistic Knesset seats within the Joint List, and another possibility is that the party's number two, Bachar Ghattas, could become the new chairman.

The Joint List has reportedly sent an angry message to Yair Golan, whose representatives supported Abu Shehadeh's disqualification, warning that his stance jeopardizes their future partnership. Golan had stated earlier that Abu Shehadeh, like Itamar Ben-Gvir, should be disqualified.

The Central Elections Committee had previously disqualified Abu Shehadeh from the 26th Knesset. In a rare move, Committee Chairman Judge Yitzhak Soleberg broke with tradition and voted in favor of the disqualification, stating the case was clear. Abu Shehadeh denied accusations of calling for armed struggle against Israel, asserting his belief in peaceful means.

Attorney General Gali Baharav-Miara had previously announced her support for Abu Shehadeh's disqualification, citing evidence that he allegedly "expressed support for the armed struggle of a terrorist organization against the State of Israel."