Israeli High Court: Government must formulate plan to enforce conscripting orthodox men

The unanimous ruling came hours after key rabbis threw their support behind controversial legislation that would enshrine exemptions.

A five-justice panel, led by the court's Vice President, Justice Noam Solberg, sharply criticised the government and state agencies for what the ruling described as a near-total failure to enforce the law. "The conduct of the state authorities is not far from a complete renunciation of the enforcement of the draft obligation for members of the Haredi public," the judges wrote. They added that this "renunciation of enforcement...constitutes a violation of the duty of the competent authorities to enforce the laws of the state."

The ruling directs the government to present a comprehensive policy within 45 days that will ensure Haredi students who refuse draft orders face criminal proceedings at a rate no lower than that of other citizens. It also requires the development of civil and economic sanctions, including the suspension of benefits, such as monthly stipends, previously granted to yeshiva students in place of military service.

The court stressed that ongoing legislative efforts to regulate conscription, which could potentially exempt some Haredi Orthodox from service, do not absolve the state of its obligation to enforce existing law. "Even though the government is trying to legislate a new bill, that cannot relieve it from enforcing the law as it currently stands," the judges wrote.

Justice Solberg, who authored the central ruling, addressed the perceived tension between religious study and military service, stating, "There is no contradiction between the important study of Torah and the important enlistment in the IDF [Israel Defense Forces], even though some try to present it that way." He added that the two are complementary, saying, "There is no conflict here, but rather two sides of the same coin: the individual's duty to his people, his country, and his Torah."

During times of national emergency, "even scholars of Torah should refrain from their studies" to participate in Israel's defense, Solberg wrote.

The judges also noted the wider implications of inequality, warning that "the same oppressive, glaring inequality that underpinned previous incarnations of this issue has become increasingly severe since the outbreak of war on October 7, 2023." They stressed that the matter is not only one of fairness but also of national security, citing the IDF's professional assessments of personnel needs.

Earlier in the day, a faction within one of the Orthodox parties in Israel's governing coalition received approval from senior rabbis to advance a controversial government bill regulating Haredi conscription.

A spokesman for Rabbi Dov Lando, spiritual leader of the Degel HaTorah faction of the United Torah Judaism party, said the guidance reflected "practical considerations for saving the world of Torah." He explained, "In the end, the great rabbis have two main considerations. The primary consideration is that those who want to learn can continue to study, and the second is that those who enlist will have a suitable framework in the IDF. They will do what is needed to safeguard yeshiva students."

Legislation currently in the Knesset's Foreign Affairs and Defense Committee seeks to formalize Orthodox community exemptions from the Israel Defense Forces (IDF). Committee chairman Boaz Bismuth has indicated that the revised draft is expected to continue exempting full-time yeshiva students from military service for the foreseeable future.

However, Degel HaTorah's support does not guarantee the bill's passage. UTJ's other faction, Agudat Yisrael, remains opposed. Shas, the coalition's other Orthodox party, is reportedly inclined to support the bill but has not formally endorsed it.

The military began making plans to draft yeshiva students after Israel's High Court of Justice ruled in 2024 that exemptions for the Haredi community were illegal.

Haredi Orthodox men in Israel are generally exempt from mandatory military service if they study full-time in religious seminaries, known as yeshivot. The issue has long divided Israeli society and remains politically sensitive, especially during wartime. Shas and UTJ insist on preserving these exemptions as a matter of religious principle and community identity.

However, public opposition has grown. After two years of war, many Israelis view the policy as unequal.

Military service is compulsory for all Israeli citizens. However, Israel's first Prime Minister, David Ben-Gurion, and the country's leading rabbis agreed to a status quo that deferred military service for Haredi men studying in yeshivot, or religious institutions. At the time, no more than several hundred men were studying in yeshivot. (ANI/TPS)