Israeli Coalition Advances Law to Freeze Draft Arrests Despite Legal Warnings of Inequality

The legal advisor to the Knesset Foreign Affairs and Defense Committee sharply criticized a proposed law to freeze arrests of draft dodgers, describing it as granting a sectoral exemption from military service obligations without balancing measures. Despite this, the coalition plans to push the bill forward as part of a deal with ultra-Orthodox parties, with a vote on its second and third readings expected soon amid the approaching Knesset dissolution deadline.

The updated bill removes the original 90-day limit on freezing arrests, extending the law's validity until November 30, effectively lasting six months rather than just the election period. It also eliminates a clause preventing yeshiva heads from declaring immunity for students if five of their students were fined, replacing it with a system where the Defense Minister, advised by the Yeshiva Council, determines which yeshivas qualify for arrest immunity. The Defense Ministry will oversee enforcement through the Education Ministry.

Another provision allows students from yeshivas found not genuinely studying Torah to register at other yeshivas. The committee's legal counsel emphasized that while the courts have recognized unique arrangements for yeshiva students due to the importance of Torah study, such arrangements must balance reducing inequality. The current bill, she warned, lacks this balance and effectively grants a sectoral exemption without complementary mechanisms, violating constitutional principles and exacerbating inequality in military service obligations.

The legal opinion stressed that the bill fails to integrate necessary safeguards and oversight, thereby undermining the fairness of the draft system. The coalition's move to advance the law despite these concerns highlights ongoing tensions over military exemptions for the ultra-Orthodox community in Israel.