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Israel top court rules army must draft ultra-Orthodox yeshiva students
Jerusalem, June 25 (AFP) Jun 25, 2024
Israel's top court unanimously ruled Tuesday that the state must draft ultra-Orthodox Jewish men to military service, a decision that could upend Prime Minister Benjamin Netanyahu's ruling coalition.

The High Court of Justice's decision on the politically volatile issue came amid growing calls that ultra-Orthodox men, who have historically been granted sweeping exemptions from mandatory service, join the ranks as Israel wages an ongoing war against Hamas in the Gaza Strip and prepares for potential fighting in Lebanon.

"The executive branch has no authority to order not to enforce the Security Service Law for yeshiva students in the absence of an appropriate legislative framework", the court said.

Without a law granting exemptions to students at Jewish seminaries, "the state must act to enforce the law," the justices said in the ruling.

They also ordered state to cease funding for yeshivas whose students dodge military service.

The court's ruling was a response to several petitions by civil society groups calling for mandatory military service for ultra-Orthodox men.

Ultra-Orthodox Jews, known in Hebrew as Haredim, adhere to a strict interpretation of Jewish custom and largely live in insular communities in Israel and elsewhere.

They make up around 13 percent of Israel's nearly 10 million citizens, according to the country's statistics bureau.

Jewish Israeli men are generally required to perform military service, which is widely considered a cornerstone of civic duty. Religious women are exempt by law.

The ultra-Orthodox community, whose political representatives are part of Netanyahu's government, has long received exemptions, allowing men to study in religious seminaries which they regard as critical to preserving the nation's Jewish identity.

These exemptions, which successive governments have failed to regulate in legislation, have been a source of growing political friction for decades.

The issue of ultra-Orthodox enlistment toppled a previous Netanyahu-led coalition government in 2018, precipitating years of political deadlock.

A growing chorus of Israelis have called for ultra-Orthodox men to share "an equal burden" in military service since the outbreak of war with Hamas on October 7.

Hundreds of thousands of Israeli reservists have been deployed since then to Gaza, the occupied West Bank and along the northern border with Lebanon.


- Divided coalition -


Netanyahu heads a coalition comprised of two ultra-Orthodox parties, who have vehemently opposed military draft for yeshiva students, and religious ultranationalist factions.

The court's ruling could undermine the stability of Netanyahu's government, whose members are divided over the issue.

Netanyahu's Likud party said in a statement the solution to the draft issue was a bill revived earlier this month that would set benchmarks for increasing ultra-Orthodox enlistment.

"It's surprising that the High Court of Justice, which has avoided forcing the enlistment of yeshiva students with a decision for 76 years does it especially now, on the eve of completing the historic draft bill," said the party, which last year sought to curb some of the court's powers in a reform package that triggered mass protests.

Israel was founded 76 years ago.

Critics say the bill, which is still being debated in parliament and awaits two more votes to become law, falls short of the military's personnel demands since October 7.

Some members of Netanyahu's party said they would vote against the draft bill in its current form.

Ultra-Orthodox politician Yitzhak Goldknopf, United Torah Judaism party leader and housing minister in Netanyahu's cabinet, condemned "an expected but very unfortunate and disappointing decision".

"The State of Israel was founded in order to be the home of the Jewish people, for whom the Torah is its bedrock. The holy Torah will be victorious," he said on social media platform X.

Opposition lawmakers welcomed the ruling.

Opposition leader Yair Lapid said the court's decision meant "no more exemptions for Haredim", calling on the defence ministry "to uphold the law and issue tens of thousands of draft orders for young Haredi men who evaded military service until now".

Labor party chairman Yair Golan said on X that the court issued "a just decision" and that national service should be required "of every young Israeli man and woman, without difference of religion, race or sex".

ibz/jd/ami

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