web analytics
September 1, 2015 / 17 Elul, 5775
At a Glance
InDepth
Sponsored Post


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.

Current Top Story
President Obama in the fog.
US Says It Doesn’t Even Know How Many Americans Live in West Bank
Latest Indepth Stories
The Palestinians have desecrated Joseph's Tomb on more than one occasion.

The purpose of an attack on Joseph’s Tomb is to murder Jews at prayer and destroy a Jewish holy site

Broken Telephone

A nuclear Khomenist Tehran will be a threat to Western democracies and to Jerusalem in particular

Major Monster, "Shirley Temper" looking at the cameraman.

The MONSTERS of Nebi Saleh know well the damning, visceral impact of powerful, deceitful imagery.

Proud Members of Jewish Voice for Peace

Jewish Voice for Peace openly supports BDS movement against ALL of Israel & ending the Jewish State.

In recent years, there has been a big push to grow and develop American Football here in Israel.

Unlike Judaism & Christianity which honors “truth,” Islam pursues “Taqiyya,” strategic lying

Yashar Lachayal’s mission is to learn what IDF soldiers’ need and get it to them when they need it.

Corbyn leading the Britain’s Labour Party polls, describes Hamas & Hizbullah as England’s “friends.”

The convicted murderer was released from Israeli prison with more than two dozen other sociopaths

JCF is a donor/supporter of The New Israel Fund which supports BDS & wants IDF soldiers prosecuted

The ‘Peace Industry’ promotes its adherents; weak leaders, both military & political, is the result

The conundrum for US Labor Zionists: Lobbying for Iran deal while Israel’s Left lobby’s against it.

What does the Torah want from our small nation described as “they who struggle with God & with men”?

Mr. Nadler’s support for the deal is a naked political gift to a president who has defied logic in his quest to reinvent international affairs according to his ideological inclinations.

More Articles from Editorial Board

In practical terms, the proclamation surely makes a compelling argument:

BDS activists are not shy about discriminating against Israelis simply because they are Israelis –

The Jewish Press will be keeping tabs on the public positions taken by Democratic members of the Senate and House.

If the reports are accurate, it’s hard to fathom why Sen. Schumer feels it necessary to eschew urging his colleagues to oppose the Iran deal.

Since Republicans are expected to almost uniformly oppose the agreement, the key to its fate will be how many Democrats oppose it.

Jonathan Pollard’s presumptive release in mid-November 2015 had long been a matter of public record, though many may not have been aware of it.

We daresay there are many stories of successful business ventures among chassidim.

The next day, in a speech in New York to the Council on Foreign Relations, Mr. Kerry substantially upped the ante.

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

Scan this QR code to visit this page online: