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Supreme Court: Majority of Justices Inclined to Disqualify Abu Shehadeh

An expanded panel of the Supreme Court considered the decisions of the Central Elections Committee to disqualify Sami Abu Shehadeh, Ofer Cassif, the Joint List, and the Ra’am party from the elections. Supreme Court President Yitzhak Amit announced that a majority had formed in favor of disqualifying Abu Shehadeh, and the justices recommended that he withdraw his candidacy himself. The final decision is not included in the source.

Key facts

  • •Court: Supreme Court of Israel
  • •Hearing date: October 1, 2026
  • •Court panel: nine justices
  • •Deadline for the decision: October 4, 2026
  • •Date of the disputed publication: October 8, 2023
  • •The case number is not specified in the source

What the Court Considered

The Central Elections Committee approved the disqualification of four election contestants: Sami Abu Shehadeh, Knesset member Ofer Cassif, the Joint List, and Ra’am. The Supreme Court considered all these issues before a panel of nine justices. According to the source, Abu Shehadeh’s disqualification was considered the only decision by the Central Elections Committee that the Court might uphold.

Why the Question of Disqualification Arose

The central evidence against Abu Shehadeh was his article, “Al-Aqsa Flood: Initial Remarks,” published in Arabic on October 8, 2023. The justices considered whether its content indicated support for an armed struggle against the State of Israel, including the October 7 attack. Attorney General Gali Baharav-Miara and State Attorney Amit Aisman supported Abu Shehadeh’s disqualification but opposed the other petitions.

The Position of Abu Shehadeh and His Representatives

Abu Shehadeh argued that the disputed paragraph had been worded incorrectly: according to him, he meant Hamas’s transition to political activity, not the continuation of violence. He also expressed regret and rejected the claim that he supports the atrocities of October 7. His attorneys, Hassan Jabareen and Gilad Barnea, insisted that explaining the reasons for an event is not equivalent to justifying it, and that the law specifically requires active support for terrorism, rather than ideological identification alone.

What the Justices Said

The justices asked questions about the meaning of the article and the sincerity of the regret expressed afterward. Justice Alex Stein noted that support for terrorism could be identified in the text, while President Yitzhak Amit drew attention to the description of the events as historic and strategic. Amit subsequently announced that there was a majority in favor of disqualification and recommended that Abu Shehadeh forgo his participation in the elections.

When the Decision Was Expected

The Court was expected to issue its decision no later than Sunday, October 4, 2026, 23 days before the elections and one day before the printing of the ballot slips. This deadline was established by law for decisions concerning the disqualification of candidate lists. The article does not report the final judgment or the outcomes of the proceedings concerning Cassif, the Joint List, and Ra’am.

What this means for you

The hearing shows that a candidate’s public statements may serve as grounds for disqualification if the Court views them as support for an armed struggle against Israel. However, a recommendation to withdraw a candidacy is still not equivalent to a final judicial decision. For voters, the outcome will determine whether the relevant candidate or list remains on the ballot.

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