Israeli Attorney General Urges Supreme Court to Strike Down Yeshiva Students' Arrest Freeze Law

Israel's Attorney General, Gali Baharav-Miara, submitted a response to the Supreme Court on Friday, urging the annulment of the law freezing the arrest of yeshiva students who are draft-eligible. She argued that the amendment violates Israel's Basic Laws, undermines equality rights, and fails to meet constitutional standards. The extensive legal document contends that although the amendment was presented as a temporary measure pending new conscription legislation, it effectively prohibits enforcement actions against a specific group, creating a unique legal exemption for yeshiva students.

Baharav-Miara highlighted the law's impact on the Israel Defense Forces (IDF), noting that at a time when the military requires increased manpower, limiting enforcement against draft-eligible individuals could place additional burdens on active and reserve soldiers. She also criticized the law for creating unequal enforcement between yeshiva students and other conscripts. The Attorney General pointed out that security officials had warned lawmakers during the legislative process that the law conflicted with IDF needs and could hinder efforts to increase recruitment from the ultra-Orthodox community.

Despite these concerns, the law was passed without mechanisms to boost enlistment or balance the equality issues. Baharav-Miara further criticized the legislative process itself for significant procedural flaws. She concluded that the combined substantive and procedural defects render Amendment 28 unconstitutional and recommended its cancellation by the Supreme Court.