Israeli Supreme Court to Review Controversial Law Exempting Ultra-Orthodox from Arrests

The Israeli Supreme Court is set to review a contentious law that exempts ultra-Orthodox (Haredi) draft dodgers from arrest, a move that has sparked significant political, social, and legal debate. The law, officially Amendment 28 to the Defense Service Law, has been criticized as deeply flawed and discriminatory, creating a political trap for Prime Minister Benjamin Netanyahu. He faces pressure from both the Haredi community, essential for his political survival, and the broader public that supports military service and equal burden sharing.

A nine-judge panel, led by Deputy Supreme Court President Noam Sohlberg, a prominent figure opposing Haredi draft evasion, will hear five petitions against the law. The state, represented by Attorney General Gali Baharav-Miara, opposes the law, while the government supports it but has chosen not to present a private lawyer to defend it publicly, likely to avoid political fallout ahead of elections.

Critics argue the law violates Israel's Basic Law on Human Dignity and Liberty by granting immunity from criminal enforcement to a specific group based solely on their status as yeshiva students, undermining equality before the law and increasing the burden on those who serve. The law also attempts to establish a military committee to define "yeshiva students," a move opposed by Chief of Staff Eyal Zamir, who rejects mass exemptions and lacks the tools to make such determinations.

Since the law's enactment, the Knesset extended mandatory military service for recruits from June 2029 from 30 to 32 months to meet security needs. Data shows that from early 2026 to June, 294 indictments were filed against draft dodgers, including 32 Haredim, and 333 were arrested at border crossings, 105 of whom were Haredi. The law emerged as a compromise after failed attempts to pass comprehensive draft legislation, leading to political upheaval including the dismissal of Defense Minister Yoav Gallant and Foreign Affairs Committee Chairman Yariv Levin.

The law's opponents warn it institutionalizes unequal treatment and undermines democratic and Jewish values, with little expectation that the Supreme Court will uphold it in its current form.