The Israeli Supreme Court gave a unanimous order to the government to commence drafting Orthodox Jewish men into the army, a groundbreaking ruling aimed at doing away with a system that has allowed them evade obligatory military service.
Estimates show that of Israel’s population which is approximately 1.3 million, about 13% are ultra-Orthodox Jews who oppose conscription arguing that their most important duty is full time study in religious seminaries.
Enabling the ultra-Orthodox exemption from enlistment goes back to the establishment of Israel in 1948 when few gifted scholars were exempted from conscription. Nevertheless, due to political pressure by powerful religious parties this widened over time. Although court declared such exemptions illegal in 2017, repeated extensions and government delaying mechanisms have prevented any replacement law from being enacted.
Two parties belonging to the Haredim or “god-fearing” in Hebrew are key components in Prime Minister Benjamin Netanyahu’s fragile coalition; but broad exceptions from mandatory military service have reopened deep divides in the country and angered much of general public during fighting with Gaza War. Since Hamas’ Oct. 7 attack, more than six hundred soldiers have died. Some reserve soldiers are starting their second tour of duty.
What does Tuesday’s ruling mean for Netanyahu’s government? Usually requiring him to give into demands made by smaller factions like those representing ultra-Orthodox groups because his coalition holds only a slight majority (64 seats out of 120) in parliament.
New elections would be likely if they left his government this autumn. The war on Gaza has not boosted popularity for Netanyahu who trails behind other politicians having been extended for another ninth month.
Yitzhak Goldknopf, Housing Minister heads one of the ultra-orthodox groups that form part of Netanyahu’s coalition. “It is very unfortunate and disappointing,” Goldknopf wrote on X without stating whether his party would quit the government or not. Responding to the ruling by Supreme Court, head of ultra-orthodox Shas party Aryeh Deri, who said religious studies provided “our secret weapon against all enemies.”
The court this year temporarily froze state subsidies for seminaries where exempted ultra-Orthodox men study. The court also ruled on the money being permanently stopped while giving its decision on enlistment on Tuesday.
Many religious seminaries “and the general assumption is that the government will not survive this crisis,” says Barak Medina, a constitutional law expert and professor at Hebrew University of Jerusalem’s Law School.
What did the courts rule? Jewish men serve three years of active duty followed by reserve duty until approximately 40 years old; women serve two years of active duty only.
According to the Israeli Supreme Court, military service is compulsory for any other Israeli just as it does for Haredim. They pointed out that allowing one community a “unlimited avoidance” from serving was discrimination.
“The type of discrimination most offensive – about life itself – is worst,” noted the justices’ opinion.
A 2017 law that enshrined draft exemptions has been declared null and void by Israel’s highest tribunal. In fact, over time these laws have had to be extended repeatedly as new legislation has been delayed by tricks employed by successive governments.
Checking the executive powers of the government in Israel is a major role played by its judiciary. Netanyahu last year tried to reform the judiciary causing countrywide demonstrations prior to which, a good part of that was nullified.
When do we expect this? However, it would be hard for Israeli Defense Force (IDF) to take more ultra-orthodox population who are very antagonistic towards military service.
Among Israel’s Jewish majority, mandatory military service is largely seen as a melting pot and a rite of passage. On the other hand, ultra-orthodox argue that joining army will destroy their age-long traditions and customs, stating that their obedience and adherence to Jewish commandments are as important for security as having strong armed forces.
In giving its decision, the courts did not specify any figures for enlistment but according to Israeli’s attorney general’s office at least 3,000 ultra-Orthodox soldiers must join the army in 2015. According to Haaretz.com citing national statistics bureau data on Thursday some 63,000 ultra-Orthodox students were eligible for enlistment.
The army has been trying unsuccessfully to integrate Haredim by creating special units just for them so that they can maintain religious practices like avoiding contact with women. Netzah Yehudah Battalion (also known as Nahal Haredi) faced possible US sanctions over human rights abuses against Palestinians though these were eventually not imposed.
What about Gazan war? More than 37,600 Palestinians have died in Gaza due to this conflict with no distinction made between combatants and civilians among those killed according to the territory’s health ministry. In fact only a few more haredi people enlisting wouldn’t affect much everyday combat activity.
Medina said if the ruling itself unseats his government then Netanyahu may have more freedom when it comes to negotiating ceasefire talks that would end the war in Gaza.
“Presently he cannot reach an agreement to end the war because this would mean the termination of his coalition,” Medina said.
“There is nothing more for him if ultra-orthodox parties leave the coalition,” he said. This could then lead to a policy change without any pressure from right wing ministers who are against any kind of cessation of hostilities whatsoever. Moreover, there will be strong demand for Netanyahu to end fighting early if there are early elections since going into election without hostages and while war continues would be very bad, Medina added.
