web analytics
October 22, 2014 / 28 Tishri, 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
Aftermath of the vehicular terrorist attack at the light rail station near Ammunition Hill, Jerusalem, Oct. 22, 2014.
Arab Paper on Hamas Terrorist Attack: ‘Israeli Police Shoots ‘Palestinian’
Latest Indepth Stories

n past decades, Oman has struck a diplomatic balance between Saudi Arabia, the West, and Iran.

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.

I think Seth Lipsky is amazing, but it just drives home the point that newspapers have a lot of moving parts.

While not all criticism of Israel stemmed from anti-Semitism, Podhoretz contends the level of animosity towards Israel rises exponentially the farther left one moved along the spectrum.

Myth #1: It is easy to be a B’nai Noach. It is extraordinarily hard to be a B’nai Noach.

The question of anti-Semitism in Europe today is truly tied to the issue of immigration.

Polls indicate that the Palestinians are much more against a two state solution than the Israelis.

Turkey and Iran the 2 regional powers surrounding the ISIS conflict gain from a partial ISIS victory

Emigration from Israel is at an all-time low, far lower than immigration to Israel from Europe.

Leon Klinghoffer’s daughters: “‘Klinghoffer’ is justified as ‘a work of art’…This is an outrage.”

Do you seriously think that as you kidnap our children we should medically treat and help yours?

Sometimes collective action against the heinous acts of the majority is not enough. The world should not only support the blockade of Gaza; it must enforce the dismantling of Hamas.

The Arab Spring has challenged Jordan with the task of gradual reform with regard to its monarchy.

Israel offered Syria the entire Golan Heights, only to find that the Syrians were demanding MORE!

More Articles from Editorial Board

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?

The Jewish Press mourns the passing of Rose Lesser, a”h.

There is not even a hint of recognition that Hamas deliberately fires rockets at civilian targets in Israel while storing arms and rocket launchers among its own civilians in Gaza.

No one with any sanity would dream of rationalizing or justifying the depredations perpetrated on the Arab world by ISIS.

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

Scan this QR code to visit this page online: