Israel's High Court Strikes Down Law Freezing Draft Evasion Arrests
Israel's Supreme Court has unanimously nullified a law passed by the Knesset that would have temporarily halted arrests and legal proceedings against yeshiva students evading military conscription. The court's decision, issued on September 3, 2026, came less than two months after it had issued an interim order suspending the law and just over a month after its final approval by the Knesset on July 14. The court found the law to be unconstitutional, with the Deputy President Noam Sohlberg stating that the legislative process was flawed and that the amendment significantly deviated from the original bill that passed its first reading.
This controversial legislation, championed by MK Boaz Bismuth, chairman of the Knesset Foreign Affairs and Defense Committee, aimed to freeze enforcement actions against draft-dodging Haredi yeshiva students for at least six months. The law was fast-tracked through the Knesset after the coalition failed to pass a broader conscription exemption bill for the Haredi community. The measure was intended to address the immediate issue of potential arrests following the expiration of a previous temporary exemption law, while also providing a de facto six-month reprieve due to election-related legal extensions.
The IDF faces a significant manpower shortage, with an estimated deficit of 12,000 conscripts, including 7,000 combat soldiers. This shortage is exacerbated by reservists being called up for 80-100 days annually, far exceeding the planned 42 days over two years. The article highlights that while Haredim constitute about 80% of draft evaders, they represent a much smaller percentage of those prosecuted. In 2025, only 19% of the 422 indictments against draft dodgers were against Haredim, a figure that dropped to 10% in the first eight months of 2026.
Prior to the Supreme Court's ruling, IDF Chief of Staff Lt. Gen. Eyal Zamir had warned the cabinet in March 2026 about the army's potential collapse due to increasing operational demands and manpower shortages, urging the passage of conscription, reserve duty, and extended service laws. His warnings were reportedly met with silence from the Prime Minister and Defense Minister, though MK Bismuth criticized the remarks as irresponsible and damaging to national resilience. The Chief of Staff had also written to the Prime Minister and Defense Minister in July, expressing concern that the proposed law would incentivize evasion, increase inequality, and create a deep rift with serving soldiers.
The Supreme Court's decision to strike down the law was welcomed by some, while Haredi politicians decried it as persecution. The court's ruling emphasized that enforcement actions against the Haredi public are a consequence of their evasion of military service, directly countering claims of a targeted campaign against Torah scholars.
