Supreme Court to Rule on Knesset Candidate Disqualifications

Israel's Supreme Court is set to hear appeals today, Thursday, concerning the Central Elections Committee's recent decisions to disqualify candidates and lists from running in the 26th Knesset elections. A nine-judge panel will consider the petitions, with a particular focus on the committee's decision, headed by Deputy Supreme Court President Noam Sohlberg, to disqualify Balad party chairman Sami Abu Shehadeh.

Legal sources anticipate that the Supreme Court will likely overturn the disqualifications of most other lists and MK Ofer Cassif. However, the court's decision regarding Abu Shehadeh remains uncertain, partly because Attorney General Gali Baharav-Miara and State Attorney Amit Issman support his disqualification. The Central Elections Committee, described as a political body controlled by the coalition, had previously accepted requests to disqualify Abu Shehadeh, Cassif, Ra'am, and the Joint List, while rejecting petitions against Otzma Yehudit, Religious Zionism, and HaDemocratim.

Abu Shehadeh was disqualified due to an article he published on October 8, 2023, which described the Hamas attack as a "historic event of importance: militarily, politically, and strategically." Baharav-Miara and Issman argued that the article expressed support for armed struggle against Israel, stating that Abu Shehadeh's subsequent explanations were disingenuous and did not address the core allegations. The Attorney General emphasized the unique context of the October 7 massacre, asserting that Abu Shehadeh legitimized the attack at a critical juncture. She acknowledged that disqualifying a candidate is a difficult decision impacting constitutional rights but maintained that the extreme circumstances and timing of the article warranted upholding the committee's decision.

Baharav-Miara further noted that the article, published on the second day of fighting and intended for an Arabic-speaking audience, provided insight into Abu Shehadeh's worldview. She also pointed to a social media post by Abu Shehadeh featuring images of militants, for which his explanation remained unclear and suggested admiration for the terrorists.

Abu Shehadeh, participating via Zoom in the committee hearing, expressed regret for writing the article, stating he did not know the full extent of the atrocities at the time and would not have written it that way if he had. He admitted he should have condemned the attack more clearly and that his use of "historic event" referred to a significant shift rather than endorsement. He denied supporting armed struggle or Hamas, accusing the Attorney General of applying a double standard compared to other politicians.

The Adalah Legal Center, representing Abu Shehadeh, accused the Attorney General of severe discrimination against Arab candidates, arguing that those who called for genocide in Gaza or incited hatred in the West Bank are allowed to run, while an Arab candidate is denied this right over a single article. The disqualifications are based on a law prohibiting candidates or lists that deny Israel's existence as a Jewish and democratic state, incite racism, or support armed struggle against Israel.

In a related matter, the Supreme Court yesterday rejected a petition by the organization Zulat to disqualify Otzma Yehudit after the Elections Committee did not disqualify them. The justices explained that under the law, decisions to allow a list to run can only be appealed by specific parties, not by external organizations.