Israel's Supreme Court Overturns Law Halting Draft Evasion Arrests

Israel's High Court of Justice unanimously struck down a law that had temporarily halted arrests and enforcement actions against yeshiva students who failed to report for military service. The nine-judge panel ruled that the legislation, passed by the Knesset just six weeks prior, violates the principle of equality and the rule of law.

This marks the second time in a short period that the High Court has intervened in legislation approved by the Knesset, following a previous intervention concerning a law related to the Police Internal Investigations Department. These judicial interventions have reignited the debate over the boundaries of the court's authority in reviewing Knesset legislation and the balance of power between the judiciary and the elected government.

The overturned amendment to the Security Service Law had stipulated that no arrest, investigation, or enforcement proceedings would be taken against individuals defined as "yeshiva students" for draft evasion, desertion, or unauthorized absence. The law was intended to apply to those whose enlistment date was after July 2023 and to future cases during its temporary validity, without canceling the obligation to serve or granting an exemption.

The government argued that the law aimed to prevent further division with the Haredi public and a potential decline in enlistment numbers, suggesting that arrests of yeshiva students could alienate potential recruits. Conversely, the IDF Chief of Staff opposed the amendment, stating it incentivized non-compliance and did not align with the army's needs.

In its ruling, the court found the arrangement to be a disproportionate violation of equality, as it maintained the draft obligation and related offenses while preventing their enforcement for a specific group. Justice Yael Willner stated that the amendment constitutes "blatant discrimination in law enforcement, based on sectoral-religious affiliation."