In a unanimous decision that has sparked tensions in Jerusalem, earlier this month Israel's Supreme Court has decreed that the government must begin drafting ultra-Orthodox Jewish men into the military, a move that aims to dismantle a longstanding system that has permitted them to evade compulsory service. This landmark ruling seeks to address a deeply entrenched issue that has polarized Israeli society for decades.
The Ultra-Orthodox Community and Military Service
The ultra-Orthodox, or Haredim, numbering approximately 1.3 million and constituting about 13% of Israel's population, have historically resisted military service. They argue that full-time religious study in seminaries is their paramount duty, a belief that dates back to the establishment of the state of Israel in 1948. Originally, only a small number of exceptionally gifted scholars were granted exemptions. However, over the decades, the influence of politically powerful religious parties has significantly expanded these exemptions.
There is no halachic or moral justification for haredi draft evasion. 'Shall your brothers go to war, while you sit here!?'. More at https://t.co/8eWopE0Zou
— Israel Headline News (@IsraelHeadline) July 14, 2024
In 2017, the Supreme Court declared these broad exemptions illegal, yet the government has repeatedly extended and delayed the implementation of a new law. This judicial ruling aims to put an end to these delays and enforce equality in military service.
The Political Implications for Netanyahu’s Government
Prime Minister Benjamin Netanyahu's coalition, which holds a precarious majority of 64 seats in the 120-member Knesset, heavily relies on the support of two ultra-Orthodox parties. The broad exemptions for military service have reignited deep societal divides, particularly during the ongoing conflict in Gaza, which has seen over 600 Israeli soldiers killed since the Hamas attack on October 7. Many reservists are now embarking on their second tour of duty.
The ultra-Orthodox parties are essential to Netanyahu’s government. Housing Minister Yitzhak Goldknopf, leader of one such party, expressed his deep disappointment with the Supreme Court's decision but did not explicitly state whether his party would withdraw from the coalition. Aryeh Deri, chairman of the Shas party, condemned the ruling, emphasizing that religious study serves as a "secret weapon against all enemies."
The Supreme Court's additional decision to permanently suspend state subsidies for religious seminaries further complicates the situation. These subsidies are vital for many seminaries, and their removal could destabilize Netanyahu’s government.
Haredi leader to yeshiva students: Don’t go to IDF draft offices or answer summons: Senior Ashkenazi rabbi says complying with High Court judges' ruling 'amounts to surrender in their war on God' * US Treasury chief cautions FM against further… https://t.co/1RxIrlq2T8 pic.twitter.com/FN3FMY3oJQ
— Global Voters (@global_voters) July 11, 2024
The Court's Rationale and Immediate Impact
Compulsory military service is a cornerstone of Israeli society, with most Jewish men and women serving three and two years respectively, followed by reserve duty until around age 40. The Supreme Court's ruling asserts that military service should apply to the ultra-Orthodox as it does to other Israelis, arguing that allowing one community to avoid service constitutes discrimination.
The justices highlighted that discrimination "regarding the most precious thing of all – life itself – is the worst kind." This decision follows the 2017 ruling that invalidated a law codifying draft exemptions, which had been subject to multiple extensions and government delays.
Integration Challenges and Future Prospects
The integration of ultra-Orthodox individuals, who are deeply opposed to military service, presents significant challenges for the Israeli Defense Forces (IDF). While mandatory service is seen as a rite of passage and a melting pot for Israel’s Jewish majority, the ultra-Orthodox community fears that military integration will undermine their traditional way of life. They argue that their religious devotion and commitment to Jewish commandments are as crucial to Israel's survival as military strength.
Although the Supreme Court did not specify exact enlistment numbers, the Attorney General’s office suggested that at least 3,000 ultra-Orthodox soldiers should be enlisted in the coming year. Currently, around 63,000 ultra-Orthodox students are eligible for enlistment.
To accommodate ultra-Orthodox soldiers, the IDF has created separate units that allow for religious observance, such as minimizing interaction with women. One notable unit, Netzach Yehuda, has faced criticisms over its treatment of Palestinians, narrowly avoiding U.S. sanctions.
Conclusion
This Supreme Court ruling represents a pivotal moment for Israeli society, potentially reshaping the nation's approach to equality, military service, and the balance between religious and civic duties. As the government navigates the complexities of this decision, the future of Netanyahu’s fragile coalition and the broader societal implications remain uncertain. This decision underscores the ongoing struggle to harmonize the diverse values and obligations within Israeli society.