Arab

Israel’s top court has overturned an election panel’s ban on Arab parties contesting parliamentary elections this month, saying the decision had not met the legal requirements for excluding them, according to Israeli media.

The Supreme Court justices ruled unanimously on Friday to undo the Central Elections Committee’s disqualification of the country’s two main Arab-majority political lists – Ra’am, also called the United Arab List, and the Joint List, which is an alliance of Hadash, Ta’al and Balad.

The decision keeps Palestinian citizens of Israel, who make up about 20 percent of the population, in the race after critics accused the committee of double standards ahead of the October 27 Knesset vote.

The court also voted 7-2 to reinstate Ofer Cassif, a sitting Jewish member of the Knesset from the Arab-Jewish Hadash party and an outspoken critic of Israel’s treatment of Palestinians, media reports said.

The two dissenting justices said Cassif backs “armed struggle against the state of Israel”, which is grounds for his disqualification.

In September, the elections committee voted to disqualify the Joint List and Ra’am as parties, as well as Cassif and Sami Abu Shehadeh, head of the Balad party, as individuals.

Balad leader withdraws

The Supreme Court has nearly always overruled the committee when it votes to ban candidates.

However, at a hearing on Thursday, Supreme Court President Yitzhak Amit told Abu Shehadeh that a majority of the nine justices favoured disqualifying him from the election.

They gave him until Friday to withdraw, saying that if he did not, he would be disqualified, according to the Israeli Public Broadcasting Corporation.

Abu Shehadeh withdrew from the election after that.

National Security Minister Itamar Ben-Gvir, a far-right ally of Prime Minister Benjamin Netanyahu, led the push to bar him over an article written after the Hamas attacks on October 7, 2023. Abu Shehadeh described the attack as “an important historical event” in the piece, but denies supporting it.

Balad said in a statement that a court-ordered removal, rather than a voluntary one, would have had “grave consequences for the country’s political and parliamentary life” as it would set a precedent around the removal of Arab candidates.

Double standards

The Ra’am party made history after the 2021 election, becoming the first Arab party to join an Israeli government when it took part in a disparate coalition that briefly removed Prime Minister Benjamin Netanyahu from power. Most Palestinian citizens of Israel had stayed out of coalition politics until then.

In this election, Ra’am is also fielding a Jewish Zionist candidate for the first time, Yoav Segalovitz, who won popularity in Arab communities for his work to curb crime as deputy minister for internal security.

The election committee’s September vote drew accusations of a double standard, as Palestinian-led parties faced exclusion while parties led by far-right ministers, some of whom have been sanctioned internationally, stayed on the ballot.

Speaking to Al Jazeera on Friday, Abu Shehadeh said he withdrew because he “didn’t have any other choices”.

Although the Supreme Court has restored the Arab parties to the ballot, Abu Shehadeh said the reversal did not make the original disqualifications acceptable.

“In the end, what happened yesterday was a historical catastrophe for democracy, or the very narrow margins of democracy in the State of Israel,” he said. “I was disqualified because I think differently, because I have a different narrative on how to read history, the present, and the future in the place that we live today.”

Palestinian participation in upcoming Knesset vote continues to shrink with withdrawal of Sami Abu Shehadeh.

Arab Israeli politician Sami Abu Shehadeh has withdrawn his candidacy for the upcoming Israeli elections after the Supreme Court advised him to drop out.

The leader of the left-wing Palestinian Balad party announced on Friday he was dropping his bid for election to the Knesset on October 27. His withdrawal, which came after the court threatened to disqualify him, comes amid increased efforts by Israeli authorities to block Arab Israeli parties from taking part.

Political analysts view Arab Israeli parties as potential kingmakers in the election, with polls showing neither Prime Minister Benjamin Netanyahu’s coalition nor the main opposition bloc on course for an outright majority.

The withdrawal came after the Supreme Court indicated that a majority of its judges agreed with a September 23 decision from Israel’s Central Elections Committee to oust him from the race after nationalist political rivals accused him of supporting Hamas’s attack on October 7, 2023.

Adalah, a rights organisation representing Abu Shehadeh, condemned the court, saying the evidence it presented had no legal basis.

“The court has effectively decided to remove a Palestinian leader, a citizen of Israel, from the Knesset,” Adalah said in a statement.

“The court’s clear intention to disqualify him,” it added, was “a direction that would have set a dangerous legal precedent with devastating consequences.”

Abu Shehadeh served in the Knesset from 2019 to 2022. Balad confirmed he was withdrawing his candidacy but stressed that the decision did not mark the end of his political struggle and that he would remain party leader.

The elections committee voted to disqualify him at the request of far-right National Security Minister Itamar Ben-Gvir, who accused him of supporting the Hamas attack due to an article issued the following day in which Abu Shehadeh called it an “important historical event”.

Speaking to the Supreme Court on Thursday, Abu Shehadeh said he did not support “armed struggle” but acknowledged that a paragraph in the article had been incorrectly worded. He said his intention was to call for moving the conflict towards a political process.

Adalah labelled his withdrawal from the election “a severe blow to the right of Palestinian citizens to be represented and to stand for election”.

The elections committee has also barred two Arab electoral lists: the United Arab List and the Joint List, a three-party alliance that includes Abu Shehadeh’s party Balad. The Supreme Court is due to continue hearing appeals from the parties on Friday.

Adalah has questioned why the Palestinian candidates are being disqualified but far-right Israeli candidates were “cleared to run” despite openly calling for violence against Palestinians and making statements “amounting to incitement to genocide”.

Excluding Ra’am and the Joint List leaves Palestinian citizens in Israel without major Knesset representation options.

Israel’s Central Elections Committee has voted to bar both main Arab electoral lists from next month’s election, putting the political representation of Palestinian citizens of Israel before the Supreme Court weeks before voters go to the polls.

The committee voted on Wednesday to disqualify the United Arab List, or Ra’am, led by Mansour Abbas, and the Joint List, an alliance of the Arab-led Hadash, Ta’al and Balad parties. It also voted separately to bar Hadash legislator Ofer Cassif and Balad leader Sami Abu Shehadeh. The election is scheduled for October 27.

The bans are not final. Decisions against individual candidates require Supreme Court approval, while lists can appeal their exclusion. Adalah, the legal centre representing the parties and candidates, says it will challenge the votes when the court hears the cases next week.

Ra’am called its exclusion “political and unacceptable”, saying the decision was intended to prevent it from influencing the balance of power and changing the government.

The Joint List said Israeli Prime Minister Benjamin Netanyahu and far-right National Security Minister Itamar Ben-Gvir were trying to discourage Arab citizens from voting “because they fear our ability to bring down the government of genocide and racism”. Its leader, Yousef Jabareen, questioned how the committee could bar parties representing more than 1.25 million voters.

Abu Shehadeh told Al Jazeera that his exclusion was an attempt to silence criticism of government policy and said the decisions would be challenged in court and through public protest. Rejecting the allegation that he supports violence, he told The Times of Israel: “I have never called for violence or terrorism. I oppose armed struggle.”

The petitions invoke Section 7A of Basic Law: The Knesset, which allows a list or candidate to be excluded for denying Israel’s existence as a “Jewish and democratic state”, inciting racism or supporting armed struggle against Israel by an enemy state or an organisation designated as terrorist.

Netanyahu’s Likud party sought to disqualify the Joint List and Cassif, and was among the groups that filed against Ra’am. Ben-Gvir’s Otzma Yehudit party also sought to bar Abu Shehadeh. Adalah disputes the allegations. It says the case against Ra’am presents no evidence that the party supports armed struggle, while the Joint List petition relies heavily on old material, including bills proposed in previous Knessets.

Abu Shehadeh’s case has drawn a different response. Attorney General Gali Baharav-Miara found no legal basis to exclude the other targeted parties and candidates but said an article he published on October 8, 2023, which she said may constitute support for armed struggle, warranted serious examination. The committee voted 31-4 to bar him. Adalah says the article contains no such call.

The push to bar Abu Shehadeh drew support from parties outside Netanyahu’s coalition. According to The Times of Israel, opposition parties voted to disqualify him, as did Supreme Court Justice Noam Sohlberg, who chairs the elections committee. The vote broke with decades of precedent in which committee chairs abstained from disqualification votes. Abu Shehadeh’s exclusion still requires approval from the full Supreme Court.

Why the Arab vote matters

Ra’am joined the coalition government formed by Naftali Bennett and Yair Lapid in 2021, helping end Netanyahu’s 12 consecutive years in office in 2021, although Abbas had previously discussed cooperation with Netanyahu as well. Now Likud itself has filed petitions against Arab representation, while Ben-Gvir’s party has pursued separate exclusions.

A Channel 12 poll published on Tuesday projected seven seats for the Joint List and five for Ra’am, against 50 for Netanyahu’s current coalition bloc. The 12 projected Arab seats would not automatically back Netanyahu’s opponents, as mainstream opposition parties remain divided over whether to govern with Arab support. But removing both lists would change the possible routes to the 61-seat majority needed to form a government.

The Supreme Court has overturned previous committee bans on Arab lists and candidates, including Balad’s exclusion in 2022. It must now decide whether the evidence meets the legal threshold for barring the two principal lists seeking to represent Palestinian citizens of Israel. The ruling will determine who can appear on the October ballot.