Attorney General Gali Baharav-Miara has indicated there may be sufficient grounds to disqualify Sami Abu Shehadeh, leader of the Balad party, from Israel’s upcoming Knesset election due to an article he published the day after the October 7 Hamas attack. The article, released on October 8, 2023, was deemed by Baharav-Miara as potentially expressing support for armed struggle by a terrorist organization against Israel, which under Israeli law can serve as a basis for a candidate’s disqualification.
The Central Elections Committee is scheduled to review petitions challenging Abu Shehadeh's candidacy this week, alongside other disqualification requests. The hearings will be broadcast live on Wednesday and Thursday. The petition to bar Abu Shehadeh was submitted by Otzma Yehudit, a far-right party led by Itamar Ben-Gvir. The petition specifically referenced the October 8 article in which Abu Shehadeh described the Hamas attack as “an important historic event militarily, politically and strategically.”
Israeli Basic Law on the Knesset permits barring a candidate or party from running if they reject Israel’s existence as a Jewish and democratic state, incite racism, or support armed struggle against Israel by hostile entities or terrorist organizations. The petition emphasized statements from Abu Shehadeh’s article, including his remarks on Israel’s intelligence failures before the Hamas assault and his portrayal of Gaza’s resistance as a “legendary achievement,” referring to Hamas fighters as “the resistance.”
In reviewing the case, Baharav-Miara and State Prosecutor Amit Aisman noted the evidentiary basis for disqualifying Abu Shehadeh differs from prior cases. Historically, successful disqualification petitions have relied on extensive and consistent evidence demonstrating systematic promotion of impermissible objectives through numerous statements and actions. However, the attorney general expressed concern that Abu Shehadeh’s article appeared to endorse armed struggle at a particularly critical and severe moment following the October 7 attacks.
Baharav-Miara also addressed other claims raised by Otzma Yehudit. The petition suggested Abu Shehadeh’s advocacy for Israel to become a state for all its citizens, rather than a Jewish state, indicated rejection of Israel’s Jewish character. The attorney general referenced Supreme Court precedent that established Balad’s support for a “state of all its citizens” does not automatically justify candidate disqualification.
Abu Shehadeh responded to the petition, but the attorney general’s opinion indicated his response did not alleviate concerns about the article’s implications. The Central Elections Committee’s forthcoming decision will determine whether Abu Shehadeh will be permitted to participate in the election.