Israeli Supreme Court Hears Challenges to Controversial Yeshiva Student Arrest Exemption Law

The Israeli Supreme Court held a hearing on Tuesday regarding petitions to annul the recently passed law granting yeshiva students immunity from arrest related to draft evasion. Attorney Enar Helman, head of the High Court Department in the State Attorney's Office, criticized the law as "not a law" due to its flawed legislative process and emphasized that a temporary law establishing criminal law discrimination cannot stand even for a week. Attorney Yitzhak Bert, representing the Knesset, echoed concerns about procedural violations conflicting with Basic Law: The Knesset and its rules.

The petitions were filed by organizations including Israel Hofsheet, Yesh Atid, Yisrael Beiteinu, the Movement for Quality Government, and Brothers in Arms. The law, approved in the Knesset two weeks ago during the final days of the current government, grants yeshiva students immunity from arrest or prosecution for draft evasion until the end of January. This legislation was passed despite strong opposition from IDF Chief of Staff Aviv Kochavi. Two days after enactment, Supreme Court Justice Ofer Grosskopf issued an interim injunction suspending the law's implementation.

The hearing featured sharp criticism from petitioners' representatives. Attorney Hagai Kalei of Israel Hofsheet called the law unprecedented, granting immunity to draft evaders. Yesh Atid's attorney Oded Gazit described it as a disgraceful law creating different criminal rules based on political affiliation, noting that Prime Minister Netanyahu avoided voting and the Knesset Speaker failed to manage the session properly. Yisrael Beiteinu's attorney Eitan Haberman stated that it was widely known the law would not withstand judicial scrutiny. Conversely, ultra-Orthodox attorney Natan Rosenblat defended the exemption, citing religious prohibitions against enlistment without rabbinical approval.

Government legal advisor Gali Baharav-Miara supported the petitions, calling the law an extreme and harmful legislative arrangement that fails constitutional tests and serves primarily to create immunity by freezing enforcement actions against draft-eligible yeshiva students. The Knesset's legal counsel, Shagit Afik, acknowledged procedural flaws, including the law's deviation from the original bill's subject and failure to meet the high legislative standards required, especially given the wartime context and constitutional challenges. The Supreme Court panel, led by Deputy President Noam Sohlberg, promised to deliver a ruling soon. The government declined to present arguments, citing the outcome as predetermined.