High Court Freezes Law Shielding Haredi Draft Evaders From Arrest

by Emmitt Barry, Worthy News Washington D.C. Bureau Chief

(Worthy News) – Israel’s High Court of Justice on Wednesday temporarily froze a newly enacted law shielding tens of thousands of ultra-Orthodox men from arrest and prosecution for avoiding military service.

Justice Ofer Grosskopf issued the temporary injunction one day after the Knesset approved the controversial measure by a 58-54 vote. The order prevents the legislation from taking effect until the court considers several petitions challenging its legality.

Grosskopf also ordered the government to explain why the law should not be overturned, citing previous High Court decisions requiring the state to enforce military conscription equally. He said the petitioners’ arguments carried “significant weight.”

A hearing was ordered at the earliest possible date.

Petitioners Allege Unequal Treatment

The petitions argue that the law creates two separate enforcement systems by protecting ultra-Orthodox, or Haredi, yeshiva students who ignored military orders while leaving other Israeli draft evaders subject to arrest and prosecution.

The legislation suspends enforcement proceedings against eligible Haredi men for several months and extends protection to additional yeshiva students who become eligible for military service during the exemption period.

It also freezes existing criminal proceedings against individuals already facing enforcement measures.

Critics contend that the law goes beyond providing a brief administrative pause and effectively neutralizes the principal legal consequence for refusing to report for military service.

The controversy follows a unanimous June 2024 High Court ruling that found there was no legal basis for continuing blanket military exemptions for ultra-Orthodox yeshiva students. The court ordered the government to begin applying Israel’s conscription laws to the Haredi community.

IDF Warns of Manpower Crisis

IDF Chief of Staff Lt. Gen. Eyal Zamir strongly opposed the measure before its passage, calling it “inconceivable” and “clearly and unequivocally inconsistent with the IDF’s needs.”

Zamir warned that the legislation amounted to providing mass immunity from prosecution at a time when Israel’s armed forces urgently require additional personnel.

Approximately 72,000 ultra-Orthodox men between the ages of 18 and 24 are reportedly eligible for military service but have not enlisted. The IDF has said it needs roughly 12,000 additional recruits as Israel confronts continuing threats on several fronts.

Military leaders, reservists and bereaved families have argued that repeated combat deployments have placed a disproportionate burden on those already serving while an expanding portion of the population remains outside the draft.

The Knesset’s own legal advisers warned before the vote that the measure could violate the principle of equality before the law and face significant difficulty surviving judicial review.

Coalition Sought Haredi Support

The law was passed during a final legislative push by Prime Minister Benjamin Netanyahu’s coalition, alongside separate legislation recognizing Torah study as a foundational value of the State of Israel.

Ultra-Orthodox political parties have demanded broad protections for yeshiva students, maintaining that full-time Torah study preserves the Jewish character and spiritual security of the nation.

Opponents counter that honoring Torah study does not justify unequal treatment under criminal or military law, particularly while soldiers and reservists continue to defend the country.

The High Court’s intervention sets up another significant confrontation between the judiciary and the Knesset over religious liberty, equality, national defense and the constitutional limits of coalition legislation.

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