Israeli Government Argues Exemption from Military Draft Law Is Unconstitutional in Supreme Court

On Friday, Israel's Attorney General Gali Baharav-Miara submitted the state's official response to the Supreme Court regarding petitions against Amendment 28 to the Security Service Law. The government requested the court to annul the amendment, which was passed by the Knesset on July 14, arguing that it violates constitutional equality principles and undermines security needs.

The amendment selectively freezes arrest, investigation, and enforcement procedures exclusively for draft-eligible yeshiva students, effectively granting them group immunity from military service enforcement. The state contends this creates unequal treatment under the law and imposes a heavier burden on other conscripts and reservists, especially at a time when the Israel Defense Forces require increased manpower.

The response also highlights that the legislative process for the amendment was flawed and that security officials warned it could harm recruitment efforts within the ultra-Orthodox community. The Supreme Court has already issued a conditional order and a temporary injunction suspending the law's implementation, with the petitions now set for review by an expanded panel of nine justices. The Attorney General concluded that Amendment 28 is unconstitutional and should be completely invalidated by the court.