Israel’s courts say the military must enlist the ultra-Orthodox.
What could that mean for Netanyahu?
Israel’s Supreme Court has ruled unanimously that the military must begin drafting ultra-Orthodox men for compulsory service, a landmark decision that could lead to the collapse of Prime Minister Benjamin Netanyahu’s governing coalition as Israel continues to wage war in Gaza.
Israel’s Supreme Court has ruled unanimously that the military must begin drafting ultra-Orthodox men for compulsory service, a landmark decision that could lead to the collapse of Prime Minister Benjamin Netanyahu’s governing coalition as Israel continues to wage war in Gaza.
BY MELANIE LIDMAN
June 25, 2024
JERUSALEM (AP) — The Supreme Court unanimously ordered the government to begin drafting ultra-Orthodox Jewish men into the army — a landmark ruling seeking to end a system that has allowed them to avoid enlistment into compulsory military service.
Roughly 1.3 million ultra-Orthodox Jews make up about 13% of Israel’s population and oppose enlistment because they believe that studying full time in religious seminaries is their most important duty.
An enlistment exemption for the ultra-Orthodox goes back to the founding of Israel in 1948, when small numbers of gifted scholars were exempt from the draft. But with a push from politically powerful religious parties, those numbers have swelled over the decades. The court said the exemptions were illegal in 2017, but repeated extensions and government delay tactics have prevented a replacement law from being passed.
Two parties belonging to the Haredim, or “god-fearing” in Hebrew, are essential parts of Prime Minister Benjamin Netanyahu’s fragile coalition, but the broad exemptions from mandatory military service have reopened a deep divide in the country and infuriated much of the general public during the war in Gaza. Over 600 soldiers have been killed since Hamas’ Oct. 7 attack. Many reserve soldiers are starting their second tour of duty.
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What does Tuesday’s ruling mean for Netanyahu’s government?
Netanyahu’s coalition holds a slim majority of 64 seats in the 120-member parliament, often requiring him to capitulate to the demands of smaller parties like the ultra-Orthodox.
If those parties leave the government, the country would likely be forced into new elections this fall. Netanyahu’s popularity is low as the war in Gaza drags into its ninth month.
Housing Minister Yitzhak Goldknopf heads one of the ultra-Orthodox parties in Netanyahu’s coalition. In a post on X, Goldknopf called the Supreme Court’s ruling “very unfortunate and disappointing,” but did not say whether his party would leave the government. The chairman of the ultra-Orthodox Shas party, Aryeh Deri, denounced the ruling and said religious study was “our secret weapon against all enemies.”
The court this year temporarily froze state subsidies for seminaries where exempted ultra-Orthodox men study. Along with the enlistment decision, the court also ruled Tuesday that that money should be permanently suspended.
Many religious seminaries depend on government funding and “the general assumption is that the government will not survive this crisis,” said Barak Medina, a law professor at the Hebrew University of Jerusalem and an expert on constitutional law.
What did the courts rule?
Military service is compulsory for most Jewish men and women, who serve three and two years, respectively, in active duty, as well as reserve duty until around age 40.
The Israeli Supreme Court ruled that compulsory military service applies to the ultra-Orthodox just like any other Israeli. The judges said that allowing a certain community a “sweeping avoidance” of service amounted to discrimination.
“Discrimination regarding the most precious thing of all – life itself – is the worst kind,” the justices wrote in their opinion.
In 2017, the Supreme Court struck down a law that codified draft exemptions. Repeated extensions of the law and government tactics to delay a replacement law have dragged on for years.
Israel’s judiciary plays a large role in checking the government’s executive power. Netanyahu attempted to overhaul the judiciary last year, spurring massive protests across the country before a major part of the overhaul was struck down.
When will this go into effect?
It will be challenging for the army integrate a larger number of ultra-Orthodox deeply opposed to service into its ranks.
Among Israel’s Jewish majority, mandatory military service is largely seen as a melting pot and a rite of passage. The ultra-Orthodox say that integrating into the army will threaten their generations-old way of life, and that their devout lifestyle and dedication to upholding the Jewish commandments protect Israel as much as a strong army does.
The courts did not set numbers for enlistment in their ruling, but Israel’s attorney general’s office suggested that at least 3,000 ultra-Orthodox soldiers enlist in the coming year. The court said in its ruling that some 63,000 ultra-Orthodox students are eligible for enlistment.
For decades, the army has attempted to accommodate ultra-Orthodox soldiers by creating separate units that allow them to maintain religious practices, including minimizing interaction with women. One of the units created for this purpose, Netzah Yehudah, faced possible U.S. sanctions over their treatment of Palestinians, though the U.S. eventually decided not to impose sanctions.
June 25, 2024
JERUSALEM (AP) — The Supreme Court unanimously ordered the government to begin drafting ultra-Orthodox Jewish men into the army — a landmark ruling seeking to end a system that has allowed them to avoid enlistment into compulsory military service.
Roughly 1.3 million ultra-Orthodox Jews make up about 13% of Israel’s population and oppose enlistment because they believe that studying full time in religious seminaries is their most important duty.
An enlistment exemption for the ultra-Orthodox goes back to the founding of Israel in 1948, when small numbers of gifted scholars were exempt from the draft. But with a push from politically powerful religious parties, those numbers have swelled over the decades. The court said the exemptions were illegal in 2017, but repeated extensions and government delay tactics have prevented a replacement law from being passed.
Two parties belonging to the Haredim, or “god-fearing” in Hebrew, are essential parts of Prime Minister Benjamin Netanyahu’s fragile coalition, but the broad exemptions from mandatory military service have reopened a deep divide in the country and infuriated much of the general public during the war in Gaza. Over 600 soldiers have been killed since Hamas’ Oct. 7 attack. Many reserve soldiers are starting their second tour of duty.
RELATED COVERAGE
Netanyahu says he won’t agree to a deal that ends the war in Gaza, testing the latest truce proposal
Heads of churches say Israeli government is demanding they pay property tax, upsetting status quo
What does Tuesday’s ruling mean for Netanyahu’s government?
Netanyahu’s coalition holds a slim majority of 64 seats in the 120-member parliament, often requiring him to capitulate to the demands of smaller parties like the ultra-Orthodox.
If those parties leave the government, the country would likely be forced into new elections this fall. Netanyahu’s popularity is low as the war in Gaza drags into its ninth month.
Housing Minister Yitzhak Goldknopf heads one of the ultra-Orthodox parties in Netanyahu’s coalition. In a post on X, Goldknopf called the Supreme Court’s ruling “very unfortunate and disappointing,” but did not say whether his party would leave the government. The chairman of the ultra-Orthodox Shas party, Aryeh Deri, denounced the ruling and said religious study was “our secret weapon against all enemies.”
The court this year temporarily froze state subsidies for seminaries where exempted ultra-Orthodox men study. Along with the enlistment decision, the court also ruled Tuesday that that money should be permanently suspended.
Many religious seminaries depend on government funding and “the general assumption is that the government will not survive this crisis,” said Barak Medina, a law professor at the Hebrew University of Jerusalem and an expert on constitutional law.
What did the courts rule?
Military service is compulsory for most Jewish men and women, who serve three and two years, respectively, in active duty, as well as reserve duty until around age 40.
The Israeli Supreme Court ruled that compulsory military service applies to the ultra-Orthodox just like any other Israeli. The judges said that allowing a certain community a “sweeping avoidance” of service amounted to discrimination.
“Discrimination regarding the most precious thing of all – life itself – is the worst kind,” the justices wrote in their opinion.
In 2017, the Supreme Court struck down a law that codified draft exemptions. Repeated extensions of the law and government tactics to delay a replacement law have dragged on for years.
Israel’s judiciary plays a large role in checking the government’s executive power. Netanyahu attempted to overhaul the judiciary last year, spurring massive protests across the country before a major part of the overhaul was struck down.
When will this go into effect?
It will be challenging for the army integrate a larger number of ultra-Orthodox deeply opposed to service into its ranks.
Among Israel’s Jewish majority, mandatory military service is largely seen as a melting pot and a rite of passage. The ultra-Orthodox say that integrating into the army will threaten their generations-old way of life, and that their devout lifestyle and dedication to upholding the Jewish commandments protect Israel as much as a strong army does.
The courts did not set numbers for enlistment in their ruling, but Israel’s attorney general’s office suggested that at least 3,000 ultra-Orthodox soldiers enlist in the coming year. The court said in its ruling that some 63,000 ultra-Orthodox students are eligible for enlistment.
For decades, the army has attempted to accommodate ultra-Orthodox soldiers by creating separate units that allow them to maintain religious practices, including minimizing interaction with women. One of the units created for this purpose, Netzah Yehudah, faced possible U.S. sanctions over their treatment of Palestinians, though the U.S. eventually decided not to impose sanctions.
What impact will this have on the war in Gaza?
The ruling will have little immediate effect on the war in Gaza, where more than 37,600 Palestinians have been killed, according to the territory’s Health Ministry, which does not distinguish between combatants and civilians in its count. The number of ultra-Orthodox who might enlist because of the ruling is too small to have a significant impact on day-to-day fighting.
Medina, the law professor, said that if the ruling topples the government, it could give Netanyahu more leeway to reach a deal for a ceasefire that could end the war in Gaza.
“Currently, one of the main reasons he’s prevented from reaching an agreement for the end of the war is because it will mean the end of his coalition,” said Medina.
If the ultra-Orthodox parties leave the coalition, Netanyahu has “nothing to lose,” he said. And that could lead to a change in policy without the pressure from far-right ministers opposed to any kind of ceasefire. Netanyahu will also be under a lot of pressure to wrap up fighting if early elections are called, to avoid going into the elections without the hostages and while a war is still ongoing, Medina said.
The ruling will have little immediate effect on the war in Gaza, where more than 37,600 Palestinians have been killed, according to the territory’s Health Ministry, which does not distinguish between combatants and civilians in its count. The number of ultra-Orthodox who might enlist because of the ruling is too small to have a significant impact on day-to-day fighting.
Medina, the law professor, said that if the ruling topples the government, it could give Netanyahu more leeway to reach a deal for a ceasefire that could end the war in Gaza.
“Currently, one of the main reasons he’s prevented from reaching an agreement for the end of the war is because it will mean the end of his coalition,” said Medina.
If the ultra-Orthodox parties leave the coalition, Netanyahu has “nothing to lose,” he said. And that could lead to a change in policy without the pressure from far-right ministers opposed to any kind of ceasefire. Netanyahu will also be under a lot of pressure to wrap up fighting if early elections are called, to avoid going into the elections without the hostages and while a war is still ongoing, Medina said.
Israeli army reserve activists protest military exemptions for ultra-Orthodox Haredi students outside Prime Minister Benjamin Netanyahu's office in March after the High Court ordered a freeze on government funding of Haredi religious schools. The legal framework exempting the students from military service has become ever more hotly contested since the Gaza war sparked by the Oct. 7 attacks.
File photo by Debbie Hill/UPI
June 25 (UPI) -- Israel's Supreme Court ordered a full draft of ultra-Orthodox Jewish men into the country's military Tuesday and an immediate freeze on government funding of religious educational institutions, or yeshivas, that do not comply.
The unanimous decision by an extended nine-judge panel of the High Court of Justice in Jerusalem is likely to force a change in Israeli politics -- and maybe fresh elections -- over the issue that pits an influential minority of ultra-Orthodox adherents of Judaism who believe they should be exempt from conscription against secular society which argues the burden should be shared by all.
The government and the Knesset have been grappling with the issue for years but the ruling places renewed pressure on Prime Minister Benjamin Netanyahu's coalition government, propped up by the two biggest ultra-Orthodox parties, which is already scrambling to avert a crisis to come up with a solution and quickly.
The court ruled that a June 2023 government instruction effectively extending an expired law allowing blanket exemptions of 63,000 eligible yeshiva students was illegal and that the government must act to begin conscripting ultra-Orthodox recruits into the Israel Defense Forces.
Males in the country's ultra-Orthodox Haredi Jewish community have until now been exempt from military service, which is mandatory in Israel, if they are studying full-time at at a religious seminary.
"Non-enforcement of the provisions of the Security Service Law creates severe discrimination between those who are required to serve" and those exempted from army service, the court wrote.
"In these days, in the midst of a severe war, the burden of inequality is more acute than ever -- and requires the promotion of a sustainable solution to this issue," the decision reads.
"We determine that there is no legal basis for avoiding the recruitment of yeshiva students at this time; that the state must act to enforce the Law for Security Service on yeshiva students; that there is no legal authority to continue transferring the [financial] support for these students."
The court also ruled that a cabinet resolution passed in April that allowed the government to interpret the law using private lawyers it had appointed was "without authority and void."
June 25 (UPI) -- Israel's Supreme Court ordered a full draft of ultra-Orthodox Jewish men into the country's military Tuesday and an immediate freeze on government funding of religious educational institutions, or yeshivas, that do not comply.
The unanimous decision by an extended nine-judge panel of the High Court of Justice in Jerusalem is likely to force a change in Israeli politics -- and maybe fresh elections -- over the issue that pits an influential minority of ultra-Orthodox adherents of Judaism who believe they should be exempt from conscription against secular society which argues the burden should be shared by all.
The government and the Knesset have been grappling with the issue for years but the ruling places renewed pressure on Prime Minister Benjamin Netanyahu's coalition government, propped up by the two biggest ultra-Orthodox parties, which is already scrambling to avert a crisis to come up with a solution and quickly.
The court ruled that a June 2023 government instruction effectively extending an expired law allowing blanket exemptions of 63,000 eligible yeshiva students was illegal and that the government must act to begin conscripting ultra-Orthodox recruits into the Israel Defense Forces.
Males in the country's ultra-Orthodox Haredi Jewish community have until now been exempt from military service, which is mandatory in Israel, if they are studying full-time at at a religious seminary.
"Non-enforcement of the provisions of the Security Service Law creates severe discrimination between those who are required to serve" and those exempted from army service, the court wrote.
"In these days, in the midst of a severe war, the burden of inequality is more acute than ever -- and requires the promotion of a sustainable solution to this issue," the decision reads.
"We determine that there is no legal basis for avoiding the recruitment of yeshiva students at this time; that the state must act to enforce the Law for Security Service on yeshiva students; that there is no legal authority to continue transferring the [financial] support for these students."
The court also ruled that a cabinet resolution passed in April that allowed the government to interpret the law using private lawyers it had appointed was "without authority and void."
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The Movement for Quality Government, which brought the legal challenge, hailed the ruling as a "historic victory for the rule of law and the principle of equality in the burden of military service," saying it meant the government must begin drafting all 63,000 eligible ultra-Orthodox yeshiva students immediately.
However, the court said the process should be gradual and in line with administrative law noting the IDF's submission that it would be able to draft 3,000 Haredi yeshiva students in the 2024 enlistment year starting June 1.
Shas Party chairman Aryeh Deri condemned the decision saying the contribution of those who studied the teachings of the Talmud was equal to those fighting in Gaza or against Hezbollah on the border with Lebanon.
"There is no power in the world that can cut off the people of Israel from studying the Torah and anyone who has tried this in the past has failed miserably. No high-handed ruling will abolish the community of scholars in the land of Israel, which is the branch on which we all sit," said the leader of the ultra-Orthodox party.
Tuesday's ruling comes three months after the High Court first ordered the funding freeze voiding the legal framework for the traditional exemption, effective April 1 but with a rider deferring larger-scale enforcement of the measure through Aug. 9.
The Movement for Quality Government, which brought the legal challenge, hailed the ruling as a "historic victory for the rule of law and the principle of equality in the burden of military service," saying it meant the government must begin drafting all 63,000 eligible ultra-Orthodox yeshiva students immediately.
However, the court said the process should be gradual and in line with administrative law noting the IDF's submission that it would be able to draft 3,000 Haredi yeshiva students in the 2024 enlistment year starting June 1.
Shas Party chairman Aryeh Deri condemned the decision saying the contribution of those who studied the teachings of the Talmud was equal to those fighting in Gaza or against Hezbollah on the border with Lebanon.
"There is no power in the world that can cut off the people of Israel from studying the Torah and anyone who has tried this in the past has failed miserably. No high-handed ruling will abolish the community of scholars in the land of Israel, which is the branch on which we all sit," said the leader of the ultra-Orthodox party.
Tuesday's ruling comes three months after the High Court first ordered the funding freeze voiding the legal framework for the traditional exemption, effective April 1 but with a rider deferring larger-scale enforcement of the measure through Aug. 9.
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