Israeli Supreme Court Leans Towards Disqualifying Balad Chairman Abu Shehadeh

The Israeli Supreme Court convened on Thursday to hear arguments regarding the disqualification of candidates and lists from the upcoming Knesset elections. The court is considering the disqualification of Balad Chairman Sami Abu Shehadeh and MK Ofer Cassif, as well as the Joint List and Ra'am parties. Following the hearing, Justice Amit, speaking for the panel, indicated a leaning towards upholding the Central Elections Committee's decision to disqualify Abu Shehadeh. "There is discomfort among the judges, as statements made by the candidate Sami Abu Shehadeh are painful, outrageous, and evoke disgust," Amit stated, adding that while there were differing opinions, the likely outcome was to approve the disqualification.

Consequently, the justices recommended that Abu Shehadeh consider withdrawing his candidacy, which would obviate the need for a reasoned ruling. Abu Shehadeh was asked to respond by the end of the day's proceedings. Minister Itamar Ben-Gvir criticized the court's suggestion, calling it too lenient and damaging to Israeli democracy, arguing for a decisive ruling rather than an option to withdraw. He drew a parallel to past disqualifications of right-wing figures, asserting that Abu Shehadeh's alleged support for terrorism and the October 7th massacre warranted a stronger stance.

MK Tali Gottlieb echoed Ben-Gvir's sentiments, accusing the court of seeking an escape route by offering Abu Shehadeh a chance to resign instead of issuing a detailed judgment that would expose his alleged support for terrorism. She stated that Otzma Yehudit had submitted a detailed petition against Abu Shehadeh with substantial evidence. The court's proceedings are based on Section 7a of the Basic Law: Knesset, which allows for the disqualification of candidates or lists for reasons including denying Israel's existence as a Jewish and democratic state, incitement to racism, or supporting an enemy state or terror organization.

The Attorney General's office supported Abu Shehadeh's disqualification but requested the reversal of disqualifications for Cassif, the Joint List, and Ra'am. Attorney Yonatan Berman, representing the Attorney General, argued that Abu Shehadeh's article published on October 8th, which described the October 7th events as a "rolling strategic event" and discussed intelligence failures, constituted support for the armed struggle against Israel. He emphasized the lack of condemnation in the article and its potential to legitimize the attack.