Israeli Attorney General Declares Law Freezing Enforcement Against Ultra-Orthodox Draft Dodgers Unconstitutional

The Israeli Attorney General informed the Supreme Court on Friday that the law freezing arrest and enforcement procedures against ultra-Orthodox draft dodgers is unconstitutional and should be annulled. The law, approved by the Knesset on July 14, 2026, temporarily halts arrest, investigation, and enforcement actions against draft evaders who declare themselves as yeshiva students. However, the state's response to petitions against Amendment 28 to the Security Service Law argues that the law grants de facto immunity to an entire population group based on their sectoral affiliation, severely violating the constitutional right to equality.

The state contends that although the law was presented as an interim measure pending comprehensive draft legislation, it effectively creates a broad, discriminatory group immunity mechanism that strips enforcement authorities of their powers against draft evaders within the yeshiva community. This arrangement deepens inequality by increasing the burden on mandatory and reserve soldiers and enabling selective criminal enforcement contrary to the principle of equality before the law. The Attorney General emphasized the severity of this harm amid ongoing conflict and the urgent need for the IDF to expand its pool of recruits.

The state also highlighted the contradiction between this law and other Knesset measures, noting that on the same day the freeze law was passed, mandatory service was extended from 30 to 32 months. This simultaneously acknowledged growing security needs while limiting enforcement tools solely for one sector. The law relies mainly on declarations from yeshiva students and their heads without effective oversight to ensure eligibility for protection. During the review period, arrests and enforcement actions are prohibited.

Furthermore, the Attorney General criticized the legislative process, stating the amendment was rushed through only second and third readings under continuity rules from the previous Knesset, despite significant differences between the original and final texts. The state called for a complete annulment of Amendment 28, describing it as discriminatory, contrary to Israel’s security needs and public interest, undermining rule of law and equality, and enacted through a flawed process. Last week, the Supreme Court issued a conditional injunction suspending the law’s implementation pending a hearing scheduled for Tuesday before an expanded nine-justice panel. The government declined separate representation but will submit its position through the State Attorney’s Office.