Israeli Attorney General Urges Supreme Court to Cancel Law Freezing Arrests of Draft-Dodging Haredim

Israeli Attorney General Gali Baharav-Miara submitted her response to the Supreme Court on Friday regarding petitions against the law freezing arrests of draft-dodging Haredi yeshiva students. She requested that the court convert the interim injunction into a permanent order, effectively annulling the law. Baharav-Miara described the legislation, known as Amendment 28, as a "clear and extreme case of a flawed and harmful legislative arrangement" that fails constitutional tests and should be invalidated.

The Attorney General criticized the law for being discriminatory, contrary to Israel's security needs and public interest, and violating fundamental principles of the rule of law and equality. She emphasized that the law exempts yeshiva students from mandatory military service solely based on their group affiliation, directly opposing the Supreme Court's prior demands for increased enlistment of yeshiva students. Baharav-Miara stated, "This law has no legal foundation."

She highlighted official data showing a constant need to increase mandatory military personnel by 12,000 soldiers, half of whom are required for combat roles, to address unprecedented operational burdens on the Israeli Defense Forces. The shortage severely strains regular and reserve soldiers, causing physical and mental exhaustion and significant economic costs to the state.

The law, passed by the Knesset about ten days earlier, temporarily halts arrests, investigations, and enforcement actions against Haredi draft evaders recognized as yeshiva students, initially for 90 days but later extended until November 30, with potential further extension due to election-related legal provisions. The legislation includes mechanisms for declarations and inspections and a list of recognized yeshivas determined by the Defense Minister, but some proposed sanctions against violating yeshivas were removed.

The Attorney General and the legal advisor to the Knesset Foreign Affairs and Defense Committee both sharply criticized the law, warning it creates a sectoral exemption without effective oversight or balancing mechanisms, exacerbating constitutional difficulties and inequality in military service obligations.