The Supreme Court unanimously rules to end the exemption that allowed Haredi youths to be exempted from military. A “symbolic and important” decision.
Foto: [link]Joshua Sukoff Joshua Sukoff[/link], Unsplash CC0.
Amid political instability, demonstrations over Prime Minister Netanyahu's judicial reform and the war, the debate over whether or not ultra-Orthodox Jews should serve in the military is once again in the spotlight in Israel.
The discussion reopened following a Supreme Court ruling, which unanimously agreed to end the exemption that allowed ultra-Orthodox youths to opt out of compulsory military service.
The Court stated that there is no longer a legal framework to exempt them from mandatory conscription. Furthermore, it added that if they do not serve in the armed forces, they should also be excluded from public benefits for education or social assistance.
That is a new setback for the government of Netanyahu, which cannot do without the support of MPs from the ultra-Orthodox parties Shas and United Judaism for the Torah.
The Rabbi and MP for United Torah Judaism, Moshe Gafni, explained that “there has never been a Supreme Court ruling in favour of yeshiva [Talmudic school] students and in the interests of the ultra-Orthodox public” .
“There is not a single judge in that institution who understands the value of the study of Torah and its contribution to the people of Israel”, he added.
The decision of the Supreme Court also coincides with Netanyahu's very low popularity, due to his handling of several policies, including the war in Gaza.
According to a survey, if elections were held now, his Likud party would win only half of the 32 seats it holds in parliament.
[photo_footer] Since the start of the war in Gaza, Israel has mobilised 300,000 reservists / Levi Meir Clancy, Unsplash. [/photo_footer]
For Arie Kacowicz, professor of international relations at the Hebrew University of Jerusalem, the decision has “symbolic and historic importance”.
The Supreme Court emphasises the principle of equality before the law and the responsibility of all citizens to contribute to the security of the country.
The military exemption of ultra-Orthodox youths is not based on any law, but is an executive ruling that was passed with the creation of the State of Israel in 1948 and is regularly extended despite several court rulings that claim it violates the principle of equality that governs Israel's fundamental law.
In 2017, the Supreme Court itself ruled against this issue.
Although it is not yet clear how the ruling will affect the country's recruitment process, and whether or not it means that young ultra-Orthodox men will have to enlist immediately, it is estimated that the decision could affect around 67,000 Haredi men.
“The 7 October massacre and the subsequent war have highlighted the urgent need for army personnel, including ultra-Orthodox Jews”, said Kacowicz.
Even the government recognises this need, after mobilising 300,000 reservists for the war in Gaza and also for some battalions that have been stationed in the north, on the border with Lebanon, as well as in the east, on the border with the West Bank.
For Israeli Defence Minister Yoav Gallant, “there is a real national need for the extension of the service time of the standing army soldiers, and in extending the service period of the reservists”.
“We are forced to make new agreements and decisions that we haven't made in 75 years”, he adds.
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