In a historic ruling, the Israeli High Court of Justice ruled that ultra-Orthodox Jewish men, also known as Haredi, must be drafted into military service stating that there is no longer any legal basis to uphold the long-standing practice of exempting them. The court ruled that the government’s decision from June 2023 of not allowing Haredi men to join military service was illegal, and instructed PM Benjamin Netanyahu’s government to take measures to enlist ultra-Orthodox individuals into the Israel Defense Forces.
The landmark ruling by the Court of Justice highlights that after decades of political and societal controversy over the issue, young Haredi men are now legally obliged to join the military service. Pertinently, the new ruling came into being due to two main events. First, the expiration of the original law allowing for service exemptions, and second, the tumultuous October 7 Hamas attack and its aftermath, throwing the Israeli military into a grave need for more manpower.
The unanimous ruling by the nine-judge bench ruled that the government was carrying out invalid selective enforcement, a grave breach of the rule of law and the principle of equality before the law. Notably, the court had already in 2017 struck down the law that created the exemptions for the Haredi men, however, delays in court hearings and certain government strategies postponed the order to come into effect. Thus, the court ruled that as there is no specific law, Israel’s mandatory military service also applies to the ultra-Orthodox, just like any other citizen.
Up till now, ultra-Orthodox men have been exempted from military service which has been compulsory for most Jewish men and women, who serve three and two years, respectively in the military, as well as reserve duty until around age 40. These exemptions have outraged the public as they have widened the gap specifically during the Israel-Hamas war. The Israeli military has called up tens of thousands of soldiers and has raised the issue of less manpower. Pertinently, in almost nine months of the ongoing war, more than 600 soldiers have been martyred.
Nonetheless, the rule brings trouble for PM Netanyahu’s government on the domestic front while it grapples with international calls and pressure to end the Gaza war that has caused hostilities to both sides. The powerful ultra-Orthodox political parties, important allies in Netanyahu’s government, are against changing the current system. Thus, if the exemptions end, these parties might leave the coalition, causing the government to fall, leading to new elections.
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