The Israeli Supreme Court allows Arab lists to participate in the elections and cancels the decision to exclude them

On Friday, the Israeli Supreme Court unanimously approved the candidacy of the two main political parties led by Arab figures, the United Arab List (Ra'am) and the Joint List, for the October 27 elections, in a move that overturned a previous decision of the Central Elections Commission to exclude them from running in the elections.

Attempts to prevent Arab parties from running in elections have become a recurring feature in Israeli elections in recent years, as has the court's tendency to overturn the decisions of the Central Elections Commission. The committee is a political body whose members are appointed according to the strength of the ruling parties in the outgoing Knesset, giving the right-wing coalition led by Benjamin Netanyahu a pre-guaranteed majority.

Under Israeli law, there are three possible reasons for disqualifying a party or candidate from running in elections: denying the existence of Israel as a Jewish and democratic state, inciting racism, and supporting armed struggle against Israel.

The court also annulled the committee’s decision to personally exclude the Jewish candidate Ofer Kassif, who is a representative of the joint Arab-Jewish Democratic Front for Peace and Equality (Hadash), which is part of the “Joint List.” However, Sami Abu Shehadeh, leader of the Balad Party, another faction within the Joint List, announced his withdrawal from the electoral race.

His move came following a recommendation from Supreme Court Chief Justice Yitzhak Amit, during a session on Thursday, that he step down voluntarily to avoid a court ruling excluding him. Abu Shehadeh will remain the leader of the Tagammu Party, but he will not run on the party’s list in the elections.

Earlier this month, the Central Elections Commission moved to prevent the United Arab List (Ra'am) and the Joint List from running in the elections, accusing them of refusing to define Israel as a Jewish and democratic state, and supporting the armed struggle against it. The court concluded that the materials presented “are not sufficient to meet the criteria set forth in case law” to prevent the two parties from running, according to the text of the ruling.

The decision to exclude Abu Shehadeh centered around an article he published on October 8, 2023, that is, one day after the Hamas attack on Israel, in which he described the attack as a “historical event of importance on the military, political, and strategic levels.” Abu Shehadeh later expressed his regret for writing the article, explaining that he did not realize the extent of the atrocities committed when he wrote it. However, the decision to exclude him received broad support within the Central Elections Committee, and support from all Jewish parties of all orientations, including the left-wing Democrats.

The "Balad" party announced on Friday that it had withdrawn Abu Shehadeh's nomination based on "political responsibility, and after it became clear to it that the majority of judges were inclined to approve the decision to exclude him."

The party said in a statement, "This issue raises difficult questions about the limits of political legitimacy granted to Arab citizens."