The Supreme Court of Israel Justice made a significant ruling on Tuesday, unanimously declaring that the government is obligated to enlist ultra-Orthodox yeshiva students into the military. This ruling comes as the legal framework that previously allowed for blanket exemptions from army service for these students is no longer valid.
The court deemed a government decision made in June 2023, which instructed the army not to draft eligible Haredi men after the law’s expiration granting exemptions. Consequently, the government is now required to pursue the conscription of ultra-Orthodox recruits into the IDF actively.
However, the justices clarified that they did not specify the exact number of Haredi yeshiva students to be drafted. They suggested that the process could be gradual, but emphasized that the government must initiate the conscription process without delay.
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Why are Ultra-Orthodox Students Selected?
In Israel, most Jewish men and women must partake in mandatory military service once they reach 18 years of age. Nevertheless, the politically influential ultra-Orthodox community has traditionally been exempted from this requirement if they engage in full-time religious studies at seminaries. These exemptions have provoked frustration among the wider public, particularly considering the significant number of soldiers who tragically perished during the war with Hamas.
The ultra-Orthodox community, comprising 13 percent of Israel’s population and growing at a rate of 4 percent annually, is projected to reach 19 percent by 2035. Despite approximately 13,000 ultra-Orthodox males reaching conscription age each year, less than 10 percent currently enlist.
This trend is attributed to their focus on religious studies over secular subjects, resulting in challenges for military service and the job market. Additionally, the conscription waiver contributes to economic burdens, with many in the ultra-Orthodox community remaining unemployed and relying on welfare assistance from middle-class taxpayers.
Why did this Rule Blow Netanyahu?
The decision carries significant political implications. Netanyahu’s coalition heavily relies on the support of ultra-Orthodox parties, who strongly oppose the termination of exemptions. If these parties withdraw their support, it could result in the government’s collapse and potentially trigger new elections, especially at a time when Netanyahu’s popularity is declining.
During the court proceedings, government lawyers cautioned that enforcing the enlistment of ultra-Orthodox men could cause deep divisions within Israeli society. A statement from Netanyahu’s Likud party criticized the ruling, suggesting that a bill in parliament, supported by Netanyahu, could potentially address the issue. However, critics argue that it does not adequately meet Israel’s wartime needs.
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Israeli education minister Yoav Kisch expressed hope for a compromise, emphasizing the importance of unity during the ongoing conflict. He highlighted that it is crucial to avoid a situation that could lead to a civil war or further fracture Israeli society amid a challenging war. Kisch believes that finding a solution together is possible.
The majority of Israelis share this opinion; according to a survey conducted in March, 70% of Israeli Jews are in favor of eliminating the exemptions. With a meager 64 MPs in the 120-member house, Netanyahu’s coalition is under a lot of pressure to resolve this matter quickly. The government might try to create a new law to reinstate exemptions, but considering the court’s decision, this would be politically difficult.
With the Knesset about to adjourn for summer vacation, the legislative clock is ticking down, and before any new laws are passed, the military might have to start enlisting ultra-Orthodox men.
There seems to be a growing distance between Israel and Hamas on the terms of the cease-fire agreement. Netanyahu put doubt on the sustainability of a truce proposal sponsored by the United States by declaring that he would only accept a partial cease-fire pact that would not end the eight-month-long war. A growing number of Israeli authorities are also hinting that a conflict with Hezbollah, a militant organization based in Lebanon, would come next.
Following Hamas’ October 7 attack, in which terrorists poured into southern Israel, killing around 1,200 people, largely civilians, and kidnapping nearly 250 more, Israel declared war on the terrorist organization. Israel vehemently contests the top UN court’s conclusion that there is a “plausible risk of genocide” in Gaza.
