Lead
Attorney-General Gali Baharav-Miara has asked the High Court of Justice to strike down a law that temporarily freezes enforcement of military service against ultra-Orthodox (haredi) yeshiva students who fail to report for duty. In a response filed on Friday, the Attorney-General's Office described the amendment as a discriminatory "group immunity mechanism" that shields one sector from arrest, investigation, and prosecution while leaving other draft evaders subject to the full force of the law.
The law passed the Knesset on July 14, and Justice Ofer Grosskopf froze it the following day, ordering the state and the Knesset to explain why it should not be struck down. Five petitions against the measure are set to be heard by an expanded nine-justice panel, as reported by The Jerusalem Post.
Coverage Comparison
The Jerusalem Post reported two distinct aspects of the controversy. One article focused on the legal challenge mounted by the Attorney-General, detailing her arguments and the state's conclusion that "the law has no legal future." Another article highlighted a separate petition filed by over 70 mayors and council leaders from across Israel, who condemned the bill as a "serious blow to national resilience and the cohesion of Israeli society." Both reports agree on the core facts: the Knesset passed the bill on July 14, the High Court temporarily froze it, and the measure is contentious.
Key Claims
- The law suspends enforcement against yeshiva students who fail to report for military service, but does not formally exempt them from that obligation. Draft orders remain valid, and qualifying students do not receive lawful exemptions or deferments. However, those who declare that they meet the law's Torah-study requirements are protected from arrest, investigation, prosecution, and other proceedings.
- The Attorney-General's Office argued that the amendment creates two forms of discrimination. The first concerns the burden of military service: by blocking enforcement against one group, the law leaves the duty to enlist intact while removing the consequences of refusing. The second concerns equality before the law, as it protects one sector from sanctions while other draft evaders remain exposed.
- The state further argued that previous haredi enlistment frameworks were struck down partly because they relied on voluntary cooperation and lacked meaningful sanctions. This amendment, it said, goes further by removing existing enforcement tools without replacing them with enlistment targets, economic incentives, or another mechanism intended to increase enlistment. The government had argued that arrests and criminal sanctions would not produce meaningful haredi enlistment.
- The law was enacted "out of recognition of the importance of Torah study," as stated in the legislation.
- The Knesset plenum passed the bill on July 14 with 58 lawmakers voting in favor and 54 against, according to The Jerusalem Post. The measure is expected to remain in effect for at least six months.
- Over 70 mayors and council leaders from across Israel filed a petition on Wednesday condemning the bill. The petition stated: "Studying Torah is an important value in the Jewish people, but no less important than that is the value of preserving and defending the land." Signatories included Idan Greenbaum, head of the Jordan Valley Regional Council; Haim Bibas, mayor of Modi'in and chairman of the Federation of Local Authorities; Shay Hajaj, head of the Merhavim Regional Council and chairman of the Federation of Regional Councils; and the mayors of several major cities, including Herzliya, Ramat Hasharon, and Kfar Saba.
- The petition also noted that many residents "are proving that it is possible to both study Torah and serve the state in the IDF and the security forces." It said the legislation "should not have come into the world, and certainly not at this complex time," given the challenges facing Israel.
- The passage of the bill followed severe legal warnings that the legislation is unbalanced and will not increase haredi enlistment amid the IDF's severe manpower shortage, as well as outrage from bereaved families and reservists, according to The Jerusalem Post.
Perspectives
- Attorney-General's Office: The amendment is a discriminatory "group immunity mechanism" that leaves the duty to enlist intact while removing the consequences of refusing. It has "no legal future."
- Mayors and council leaders: The bill is a "serious blow to national resilience and the cohesion of Israeli society" and should not have been enacted, especially given the country's current security challenges.