Israel's Legal Advisor Opposes Banning Far-Right Party Despite 'Disturbing' Evidence

Israel's Attorney General, Gali Baharav-Miara, has declared her opposition to disqualifying the "Otzma Yehudit" party, led by Itamar Ben-Gvir, from running in the upcoming Knesset elections. This decision comes despite her office acknowledging that the evidence presented in requests to ban the party is "very disturbing" and "very close" to the legal threshold for disqualification.

The Attorney General's stance was stated during the second and final day of the Central Elections Committee's deliberations on petitions to disqualify various lists and candidates. The committee is examining requests to ban Otzma Yehudit, the "Religious Zionism" alliance led by Bezalel Smotrich, and "Zehut" led by Moshe Feiglin, as well as the "Democrats" party led by Yair Golan.

Nita Oran, a representative for the Attorney General, stated that while the evidence against Otzma Yehudit is "very disturbing" and "very close" to the prohibited zone, it has not legally reached the "critical mass" required by High Court rulings for disqualification. Therefore, the Attorney General concluded that Otzma Yehudit should not be prevented from running.

Oran specifically highlighted Ben-Gvir's conduct as National Security Minister, noting that his candidacy raises "very important questions" and that his actions as minister create "particular difficulty." However, she differentiated between Ben-Gvir's behavior and the entire party list, which includes 35 candidates. The disqualification requests did not claim that other candidates acted similarly to Ben-Gvir regarding police matters or supported his actions.

The petitions against Otzma Yehudit, filed by the "Zulat" institute and the Democrats party, cite statements and practices they claim demonstrate the party's continuation of the "Kach" movement's ideology, which was previously banned for racism. MK Gilad Kariv of the Democrats argued that while disqualification is an "apocalyptic weapon" in a democracy, there must be limits, and Otzma Yehudit is a continuation of Kach.

Lawyer Gilad Barnea, representing the Zulat institute, asserted that the petitions against Otzma Yehudit and Religious Zionism are based on claims of incitement to racism and undermining democratic foundations, arguing that Ben-Gvir's words and actions represent his party. Petitioners also raised Ben-Gvir's alleged interference in police affairs, officer appointments, and handling of anti-government protests. Ben-Gvir responded during the hearing, stating, "I do not interfere in appointments. I appoint. This is my authority, and this is the minister's role."

The committee is also reviewing a petition by the Zulat institute to disqualify the "Religious Zionism" and "Zehut" alliance, based on alleged racist incitement and undermining of democratic principles by Smotrich and Feiglin. Conversely, Otzma Yehudit filed a petition to disqualify the Democrats party, accusing them of racism and rejecting Israel's definition as a "Jewish and democratic state," citing statements by Golan regarding settlers, the Haredi community, Channel 14, and calls for "civil disobedience."

These deliberations follow the committee's earlier votes to disqualify the Arab lists "The Joint List" and "The United List," as well as leaders Sami Abu Shehadeh and Ofer Cassif. The disqualifications are based on Basic Law: The Knesset, Article 7a, which allows for barring candidates or lists whose goals or actions include denying Israel's existence as a "Jewish and democratic state," inciting racism, or supporting armed struggle against Israel. The Central Elections Committee's decisions are not final and can be appealed to the Israeli Supreme Court.