Israeli Supreme Court Hears Petitions Against Law Suspending Arrests of Draft-Dodging Yeshiva Students

The Israeli Supreme Court convened on Tuesday with a panel of nine justices to hear petitions challenging a recently passed law that suspends the arrest of draft-dodging yeshiva students. The government chose not to send legal representation to the hearing. However, Government Secretary Yossi Fox submitted a statement opposing judicial intervention, emphasizing the state's need for ultra-Orthodox recruits rather than detainees.

The Knesset Legal Advisor's representative, attorney Yitzhak Bert, argued that the law was enacted contrary to Israel's Basic Law and the Knesset's procedural rules, stating, "There appears to be no choice but to annul the law." He clarified that the legal advisor's role is to defend the legislative process, not individual Knesset members, as the parliament consists of 120 members with diverse views.

Attorney Aner Helman, also representing the Knesset Legal Advisor, described the law as "flawed and harmful," failing to meet any criteria of the constitutional limitation clause. He urged that the Knesset must adhere to proper legislative standards and warned against passing laws that create discriminatory enforcement.

The legal advisor's office had previously submitted a detailed response to the petitions, highlighting significant procedural defects in the law's passage and constitutional concerns. The law, approved about two weeks ago by a narrow margin of 58 to 54 votes, suspends arrests of yeshiva students until November 30, after the upcoming elections. The Supreme Court had earlier issued a conditional injunction freezing the law's implementation.

On Friday, the government's legal counsel, Gali Baharav-Miara, filed a response demanding the law's annulment, citing its harmful nature and procedural flaws. Security officials cited in the response stressed the urgent need to increase military enlistment and enforcement. Despite warnings from the Knesset's legal advisor, the law was passed, granting a sectoral exemption from military service obligations without balancing measures, thus disrupting legal equilibrium.

The law has sparked opposition from rabbis and political factions, who have vowed to fight it ahead of the elections, intensifying legislative debates and votes in the Knesset.