Israeli Supreme Court Reviews Controversial Law Freezing Arrests of Draft Dodgers

The Israeli Supreme Court convened a nine-justice panel on Tuesday to hear petitions challenging the law that freezes criminal enforcement against ultra-Orthodox draft dodgers. This follows a temporary injunction issued by Justice Ofer Grosskopf, which paused the law's implementation due to complex legal issues and prior rulings. The expanded panel is led by Deputy Chief Justice Noam Sohlberg, with no government representatives attending the hearing.

The law effectively suspends all criminal proceedings, including arrests and investigations, against ultra-Orthodox individuals evading military service. Ahead of the hearing, attorney Tomer Naor from the Movement for Quality Government criticized the law, highlighting the sacrifices of Israeli soldiers on multiple fronts and condemning lawmakers for protecting draft evaders instead of upholding the rule of law.

The government's legal advisor, Gali Baharav-Miara, submitted a response defending the law, but the Knesset's legal counsel opposed it, citing significant procedural flaws in the legislation process. They argued the law was enacted through an improper legislative procedure that did not meet the high standards required, especially given the changed security circumstances after October 7. The Knesset legal opinion emphasized that the law addressed a new subject unrelated to the original bill, violating parliamentary rules.

Baharav-Miara described the law as a "flawed and harmful legislative arrangement" that fails constitutional tests and should be annulled. She noted that military officials had approved the facts underlying the law but could not provide sworn affidavits in time for the court.

Last week, it was reported that Prime Minister Benjamin Netanyahu refused the Attorney General's suggestion to appoint separate legal representation to defend the law in court. Despite expectations that the Supreme Court will strike down the legislation, Netanyahu has shown reluctance to support or vote for the law, mirroring his refusal to defend it judicially.

This case highlights the ongoing tension in Israeli society over ultra-Orthodox military exemptions amid heightened security challenges and political divisions.