The Supreme Court of Israel has decided to allow Azmi Bishara, Ahmed Tibi and Baruch Marzel to run for the Knesset. Regarding Azmi Bishara, an eleven judge panel, in a controversial and surprising move, overturned the Election Commission's decision to disqualify the Arab MK and his party from running for the Knesset.
The Bishara decision overruled the opinion of government legal advisor Elyakim Rubinstein, who claimed before the Commission that Bishara's overt support of terrorism and his negation of Israel to exist as an independent Jewish state must disqualify him from running for Knesset under Israeli law. The court also held that Bishara's party, Balad, which calls for replacing Israel with a state that does not identify with the Jewish People, is a legitimate electoral choice for Israeli citizens.
The Court also held that Defense Minister Shaul Mofaz and Moshe Feiglin may not run for the Knesset on the Likud party list.
Bishara responded to the Court's ruling by stating that the court is finally coming to grips with the idea of Israel becoming a "state of all its residents," and not necessarily a Jewish state.
Ruling on a petition filed by Labor party MK Ophir Pines, the High Court sustained the Election Commission's ruling to allow former Kach activist Baruch Marzel to run for Knesset. Marzel contended before the commission that he is no longer associated with the outlawed political party founded by the late Rabbi Meir Kahane. The court's decision directly opposed that of Commission legal council, Mishael Heshin, who also serves as a justice of the Supreme Court. Heshin recommended that the commission disqualify Marzel for espousing what he considered to be racist opinions.
The court also sustained the commission's ruling to disqualify Likud candidate Moshe Feiglin on the grounds that his conviction for "rebelliousness" for protesting the Oslo accords a number of years ago was a crime involving "moral turpitude." According to Israeli law, a person convicted of such a crime is disqualified for running for Knesset, unless seven years has elapsed since the conviction.
Feiglin's lawyer, Haggai Yekutiel, said that the court's decision was a "blow against democracy." He explained that thousands of people registered with the Likud party for the express purpose of voting for Feiglin. "This decision," he said prevents these people "from voting for their chosen candidates."
Lashing out at the court, Feiglin said that "the same body that approved the candidacies of those responsible for the murder of Jews, didn't approve my candidacy."
In contrast to the Feiglin decision, the court ruled that the advisor to PLO terrorist chief Yasir Arafat, Ahmed Tibi, can be a bona-fide candidate for the Knesset. The ruling overturned the decision of the Election's Committee to disqualify Tibi because of his close involvement and support for Arafat's policy of using terror as a weapon against the State of Israel.
The court's decision to approve Tibi was made in a unanimous ruling, while the decision approving the candidacy of Marzel and Bishara had four dissenting judges.
The court upheld the Election Commission's ruling to disqualify Mofaz on technical grounds because he failed to fulfill a cooling off period after leaving his job as IDF Chief of Staff. The court rejected Mofaz's contention that the period began when he handed over
his job to Chief of Staff Moshe Ya'alon, and not when he formally retired from the army shortly afterwards.
Sharon announced that despite the Supreme Court decision, Mofaz remains his choice to serve as defense minister in the next government.