Israel's High Court Strikes Down Law Exempting Haredi Draft Dodgers

Israel's Supreme Court, sitting as the High Court of Justice, has nullified an amendment to the Security Service Law that would have frozen arrest, investigation, and enforcement proceedings against yeshiva students who failed to report for military service. The ruling, delivered unanimously by a nine-judge panel, addressed petitions filed by various groups including Israel Hofsheet, opposition leader Yair Lapid, and the Movement for Quality of Government. While the majority found the amendment unconstitutional due to its severe infringement on the right to equality, Justice David Mintz dissented, arguing the amendment was unconstitutional in substance. The court's main opinion, authored by Vice President Noam Sohlberg, determined that the amendment fundamentally deviated from the original bill passed in its first reading, violating Knesset rules. This procedural flaw, the court stated, rendered the law invalid.

The frozen amendment would have prevented legal action against individuals defined as yeshiva students for evading conscription, desertion, or unauthorized absence. This applied to those whose enlistment dates were from July 2023 onwards. The law was passed by the Knesset on July 14, but an interim order by Justice Ofer Grosskopf the following day halted its implementation. This freeze was maintained until the final ruling.

Petitioners argued that the final text of the law differed significantly from the initial proposal. Even the Knesset's legal counsel acknowledged a "real flaw" in the legislative process, stating the version approved in the second and third readings was not effectively presented for first-reading approval. The IDF Chief of Staff had also strongly criticized the bill during its passage, warning it would incentivize draft evasion and create a "deep rift" with serving soldiers, undermining equality and military needs.

The Movement for Quality of Government hailed the decision as a victory for equality and the rule of law, emphasizing that no group should be exempt from legal obligations while others are held accountable. They reiterated their commitment to ensuring equal and effective conscription enforcement for all eligible individuals.