Jerusalem, Israel – The High Court of Justice in Israel commenced a crucial hearing on Sunday regarding the exemption of ultra-Orthodox men from military service. This hearing has the potential to result in a final order for the state to begin drafting haredi men, which could have significant social and political implications.
At the core of the hearing were two main issues: the government’s avoidance of recruiting haredi men into the Israel Defense Forces (IDF), and the continued funding for haredi yeshivot for students of military age who no longer held a legal exemption from IDF service. These issues were previously addressed on March 28, when the High Court ruled that the government must start drafting haredi men and halt funding for yeshiva students whose exemptions had expired. The question at hand during the current hearing was whether this ruling would become permanent.
Representing the government, Adv. Doron Taubman acknowledged the legal requirement to draft haredi men but argued that the defense ministry should have the discretion to determine when and how to enlist them. He also contended that funding should continue for yeshivot until haredi men were officially summoned for draft, as they were not yet in violation of any orders.
The courtroom was filled to capacity as a panel of nine justices presided over the hearing. Tensions ran high during exchanges between attorneys and judges, with Likud MK Tally Gotliv attempting to interject at one point. The interactions were marked by moments of incredulous laughter from the audience.
During the hearing, Deputy Attorney General Aner Hellman connected the government’s actions in this case to its controversial judicial reforms in 2023, suggesting a pattern of avoiding compliance with legal interpretations. Hellman’s argument shed light on the broader implications of the government’s stance on the issue.
The Supreme Court’s 1998 ruling on the “Rubinstein principle,” stating that the government cannot exempt an entire group from IDF service, served as a historical backdrop for the current proceedings. The expiration of a law granting haredi men annual service delays until age 26 in 2023 left the government with a legal void that must now be addressed.
Protests ensued outside the High Court in Jerusalem and on Highway 4 near Bnei Brak, as haredi men demonstrated against the court hearing. Israel Police deployed water cannons and other crowd control measures to manage the situation.
The hearing raised critical questions about the government’s obligation to uphold legal mandates and the implications of delaying compliance with court orders. As the proceedings unfolded, it became clear that the decision would carry far-reaching consequences for both the ultra-Orthodox community and Israeli society as a whole.