High Court begins hearing arguments on law freezing draft enforcement for haredi men

Israel's High Court of Justice commenced hearings Tuesday on the legality of a law that freezes draft enforcement measures for eligible ultra-Orthodox (haredi) men. The law, enacted on July 14, was quickly suspended the following day by Justice Ofer Grosskopf after five petitions challenging its constitutionality were filed, including by opposition leaders Yair Lapid and Avigdor Liberman.

Justice Grosskopf's initial decision highlighted two key concerns: the court's established rulings regarding yeshiva student enlistment and the law's disproportionate impact on specific population segments. The Attorney-General, Gali Baharav-Miara, has formally requested the court to invalidate the law. She described it as a "group immunity mechanism," arguing that it shields only one sector from legal consequences like arrest and prosecution, while leaving other draft evaders subject to the full extent of the law.

The Knesset's legal advisers focused their position on procedural defects in the law's enactment rather than the broader constitutional arguments. Meanwhile, the government submitted a brief statement, declining to hire private counsel to defend the law, asserting that the outcome was "known in advance." Instead, the government's filing criticized the court for allegedly overstepping its bounds and accused the Attorney-General's Office of hindering efforts to increase haredi enlistment.

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group immunity mechanism