AFP25 June 2024 | 10:15

Israel top court rules army must draft ultra-Orthodox yeshiva students

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.

Israel top court rules army must draft ultra-Orthodox yeshiva students

Israeli Defense Force IDF / Wikimedia Commons: https://www.flickr.com/people/45644610@N03

JERUSALEM - 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 the 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.

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.

Hundreds of thousands of Israeli reservists have been deployed to Gaza, the occupied West Bank and along the northern border with Lebanon since the outbreak of war with Hamas on 7 October.

A growing chorus of Israelis have called for ultra-Orthodox men to share "an equal burden" in military service.

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

The court's ruling could undermine the stability of Netanyahu's government, whose members have been at loggerheads over the issue.

Ultra-Orthodox politician Yitzhak Goldknopf, head of the United Torah Judaism party 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.

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".