Supreme Court Majority Favors Disqualifying Arab Israeli Politician Sami Abu Shehadeh

The Israeli Supreme Court has a majority of judges leaning towards disqualifying Sami Abu Shehadeh, the head of the Balad party, from running in the upcoming Knesset elections. Chief Justice Isaac Amit announced on October 1, 2023, that the nine-judge panel is considering disqualifying Abu Shehadeh, suggesting he voluntarily withdraw his candidacy to avoid a formal ruling. Amit stated that the judges found Abu Shehadeh's remarks "outrageous and disgusting," and that disqualification seemed likely. The court is reportedly urging Abu Shehadeh to decide whether to continue his election bid or step down.

During the hearing, Justice Alex Stein and Justice Yehiel Kasher indicated they viewed an article published by Abu Shehadeh on October 8, 2023, as support for terrorism. In the article, the Hamas attack was described as a "significant historical event from a military, political, and strategic point of view." Abu Shehadeh also wrote that if "small and besieged Gaza could do it, others can do it more effectively and simply." Abu Shehadeh defended the passage, telling the court it was "written incorrectly" and intended as a warning against violence, advocating for a political resolution to the conflict. He asserted he has "never supported violence in my life."

When questioned by Justice Stein, Abu Shehadeh denied ever publishing an article in English labeling Hamas a terrorist organization. Justice Daphne Barak-Erez called the article "shocking" and indicative of a detachment from the events of October 7, but raised questions about whether it met the high legal threshold for disqualification.

Earlier, the Central Elections Committee voted to disqualify Abu Shehadeh. The Attorney General, Gali Baharav-Miara, and State Attorney Amit Aisman supported this decision, arguing that the evidence indicated Abu Shehadeh supported the armed struggle of a terrorist organization against Israel.