Israel’s High Court strikes down amendment on haredi conscription
As the Jerusalem Post reports, Israel’s High Court of Justice unanimously struck down a temporary amendment intended to halt arrests, investigations and other enforcement measures against students of ultra-Orthodox yeshivas who failed to report for military service. The provision did not abolish the obligation to serve, but was intended to deprive the state of the ability to enforce it.
The coalition passed the amendment on July 14. The following day, Justice Ofer Grosskopf suspended its implementation pending consideration of the petitions filed, so it never came into force.
Remarks by legal advisers and the military
The Knesset’s legal advisers repeatedly warned lawmakers that the final text had substantially departed from the bill approved in its first reading. Deputy Supreme Court President Noam Sohlberg noted that legislators had been cautioned repeatedly.
The initial version of the bill was intended to increase the number of haredim in military and national service, promote employment and reduce inequality. According to the publication, the final text contained no enlistment targets, effective sanctions or alternative enforcement mechanism.
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The Knesset’s legal team told the High Court of fundamental violations of the legislative procedure. Attorney General Gali Baharav-Miara opposed the provision on procedural and constitutional grounds. Israel Defense Forces Chief of Staff Lt. Gen. Eyal Zamir warned that it would encourage non-compliance and would clearly run counter to the military’s needs.
Reaction after the ruling
After the amendment was struck down, the Shas party called the judges the country’s greatest generators of chaos, accused them of disregarding democracy and said they were interfering in the elections in favor of left-wing forces.
In the ruling, Sohlberg emphasized that enforcement measures are applied not because Torah students study, but because they fail to fulfill the legal duty to report for service. He also referred to Moses’ biblical question to the tribes that wanted to remain outside the battle: should their brothers go to war while they stay behind.
