Israeli Government Urges Supreme Court to Nullify Controversial New Military Draft Law

On Friday, the Israeli government, through the Attorney General, submitted its official response to petitions filed with the Supreme Court challenging Amendment 28 to the Security Service Law. The extensive document requests the court to annul the amendment, arguing it violates Basic Law provisions and infringes on the right to equality. The government contends that although the amendment was presented as a temporary measure to regulate the interim period before a new draft law is enacted, its actual content differs significantly.

The response claims the amendment prevents enforcement authorities from taking criminal action against yeshiva students obligated to serve in the military, creating a unique exemption for this group alone. This special arrangement, the government argues, directly impacts the burden on the Israel Defense Forces (IDF), especially at a time when the defense establishment stresses the need for increased manpower. Reducing enforcement tools against draft-eligible yeshiva students could exacerbate the strain on regular and reserve soldiers.

Furthermore, the government highlights that the distinction between yeshiva students and other draft candidates results in unequal enforcement. It also notes that during the legislative process, security officials warned lawmakers that the arrangement conflicted with IDF needs and could undermine efforts to increase recruitment from the ultra-Orthodox community. Despite these warnings, the law was passed without mechanisms to boost enlistment numbers or mitigate the inequality.

In addition to substantive criticisms, the government points to significant procedural flaws in how the amendment was enacted. Concluding its position, the Attorney General states that the combination of these defects, both in the amendment's content and legislative process, leads to the conclusion that Amendment 28 fails constitutional requirements and should be invalidated by the Supreme Court.