web analytics
October 31, 2014 / 7 Heshvan, 5775
At a Glance
InDepth
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



The Zoabi Decision

This past Sunday, Israel’s Supreme Court overturned a decision by Israel’s Central Election Committee to disqualify MK Haneen Zoabi of the Balad Party from running for a seat in the January 22 parliamentary elections. The court rejected the committee’s ruling that she should be banned based on her involvement in the Gaza flotilla of May 2010.

And therein lies an important tale.

Since it appears the decision is prompting calls for amending Israel’s Basic Law on elections, it is perhaps more important to focus on the fact that the court acted as it did than on the question of whether it was the committee or the court that correctly interpreted the law.

Briefly, earlier this month the elections committee had voted 19-9, with one abstention, to disqualify Ms. Zoabi based on its reading of the Basic Law, which in relevant part provides for the disqualification of a candidate “if the goals or actions of the person expressly or by implication, include one of the following: 1. Negation of the existence of the state of Israel as a Jewish and democratic state; 2. Incitement to racism; 3. Support for armed struggle by a hostile state or a terrorist organization against the state of Israel.

Certainly a strong argument could be made that Ms. Zoabi’s frequent condemnation of Israeli government policy pertaining to the Jewish essence of Israel, and her participation in the Gaza flotilla, comes within the provisions of numbers 1 and 3.

But the court nonetheless ruled as it did. Importantly, the ruling stands out in the context of all the recent talk about the Palestinian Authority’s intention to haul Israel before the International Criminal Court now that the PA has achieved recognition by the General Assembly as a non-member observer state. Yet jurisdiction of the ICC and other international tribunals is based on the failure of a state’s own court system to take up certain issues or its penchant for consistently ruling in favor of the state.

However, the ruling of Israel’s High Court in the Zoabi case demonstrates quite clearly that Israel’s court system is neither afraid to take on controversial issues nor reluctant to side with Arab interests against Jewish ones. Indeed, given the spate of rulings regarding ownership of properties in the West Bank and eastern Jerusalem, it can hardly be argued that Israel’s courts automatically reject Arab claims and favor Jewish ones.

We don’t care at all for this phenomenon, but it would be refreshing to sometimes hear things like this acknowledged by chronic critics of Israel. Perhaps they should think just a little about how a Jew would fare in any Arab court.

About the Author:


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “The Zoabi Decision”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
US Defense Secretary Chuck Hagel (L) meets with Israel's Defense Minister Moshe Yaalon in Halifax, Canada on November 22, 2013.
Ya’alon Scraps Purchase of US Aircraft
Latest Indepth Stories
Which glass has the poison?

The White House wanted to defame Netanyahu, undermine his reputation, impugn him & his policies

Adolf Hitler and the representative of the Palestinian Arabs, the Mufti of Jerusalem, Amin al-Husseini, December, 1941.

Palestinian anti-Semitism in 2014 is more extreme and mainstream than German A/S in the 1930s.

Sheldon Silver

Woven deeply through it all is the Jewish obligation to fight injustice.

Cravatts-Richard--new

Only in the inverted world of academia would Jewish professors denounce the AMCHA Initiative report.

Many poskim were and are adamant about the responsibility of every individual to vote.

Individuals who may have been abused are the “clients” in need and receiving care and protection.

An accomplished Torah scholar and ardent adherent of Bobov chassidus, he was renowned for his self-effacing dedication and skills as an international lawyer and law professor

The fact that the United States government after World War II sought to take advantage of the expertise of German scientists, even those known to have contributed to the Nazi war effort, is well known and largely accepted as having been necessary for America’s national defense. (Wernher von Braun is perhaps the most famous and […]

The New York State comptroller manages the state’s $180.7 billion pension fund, audits the spending practices of all state agencies and local governments, oversees the New York State and Local Retirement System, reviews the New York State and City budgets, and approves billions in State contracts and spending.

Rabinovich is the author of several popular books on Israel’s wars, including The Battle for Jerusalem, The Yom Kippur War, and The Boats of Cherbourg.

To say he was beloved because of the way he loved his students does not sufficiently capture the reality.

The birth I speak about is to give birth to ourselves, to our full potential.

The extreme hypocrisy, contempt & vulgarity of the attacks indicate more than a policy disagreement

More Articles from Editorial Board

An accomplished Torah scholar and ardent adherent of Bobov chassidus, he was renowned for his self-effacing dedication and skills as an international lawyer and law professor

The fact that the United States government after World War II sought to take advantage of the expertise of German scientists, even those known to have contributed to the Nazi war effort, is well known and largely accepted as having been necessary for America’s national defense. (Wernher von Braun is perhaps the most famous and […]

The Jewish Press endorses the reelection of Gov. Andrew Cuomo. His record as governor these past four years offers eloquent testimony to the experience and vision he has to lead the Empire State for the next four years.

That key is the disarming of Hamas and the demilitarization of Gaza – as the U.S., EU, and others agreed to in principle at the end of Operation Protective Edge.

We have no doubt there are those who deeply desire to present themselves as being of a gender that is not consistent with their anatomy, and we take no joy in the pain and embarrassment they suffer.

Given the vitality of Hamas, Israel can hardly rely on the commitments, even if sincere, of PA President Mahmoud Abbas for its security.

Is the president oblivious to polls saddling him with some of the lowest presidential popularity rankings in recent history?

Printed from: http://www.jewishpress.com/indepth/editorial/the-zoabi-decision/2013/01/03/

Scan this QR code to visit this page online: