Israeli Government Refuses to Defend Controversial Law on Draft Evasion in Supreme Court

On Tuesday, the Israeli Supreme Court held a hearing on petitions challenging the law aimed at preventing arrests of draft-dodging ultra-Orthodox men. The government declined to participate or send a representative, despite the State Attorney's Office offering separate legal representation due to its opposition to the law. This absence marked a rare instance where the government voluntarily chose not to defend a law in court, contrasting with previous cases where lack of representation was imposed.

Attorney Nathan Rozenblat from the ultra-Orthodox organization "Emet LeYaakov BeIsrael" spoke on behalf of the Haredi community, arguing that the arrests infringe on religious observance. He questioned whether in a Jewish and democratic state, individuals should be forced to choose between obeying religious law or state law. Supreme Court Justice David Mintz interrupted, expressing disbelief at the argument that religious prohibition justifies draft evasion.

Deputy President Noam Sohlberg cited official figures showing that between January 2025 and May 2026, 333 draft evaders were arrested, of whom 105 were ultra-Orthodox, less than 30%. Rozenblat contested these numbers, claiming many arrests occur when ultra-Orthodox individuals present medical exemptions at recruitment offices.

Earlier, the Knesset Legal Advisor's representative, Attorney Yitzhak Bert, stated the law was passed in violation of the Knesset's procedural rules and Basic Law, recommending its annulment. Attorney Aner Helman, representing the former State Attorney Gali Baharav-Miara, argued the law effectively exempts draft evaders from criminal proceedings, calling it "flawed and harmful," especially during wartime when reservists' service is extended.

Justice Yael Wilner questioned the emphasis on wartime conditions, asking if discrimination would be acceptable during peacetime. Justice Daphne Barak-Erez clarified the law concerns criminal enforcement, not yeshiva student conscription. The hearing highlighted deep legal and societal tensions over the draft law and its enforcement amid Israel's ongoing security challenges.