Israel's AG asks High Court to strike down 'discriminatory' haredi draft enforcement freeze

Israel's Attorney-General Gali Baharav-Miara has urged the High Court of Justice to invalidate a recent law that halts enforcement actions against ultra-Orthodox yeshiva students who do not report for military service. Baharav-Miara contends that the law is discriminatory, establishing a "group immunity mechanism" that shields one segment of the population from arrest and prosecution while leaving other draft evaders subject to legal repercussions.

The amendment, passed by the Knesset on July 14, was subsequently frozen by Justice Ofer Grosskopf, who sought explanations from the state and Knesset regarding its validity. The Attorney-General's office argues that the law creates a two-tiered system of discrimination. Firstly, it impacts the burden of military service by limiting the state's ability to recruit from the ultra-Orthodox sector, potentially increasing the load on other conscripts and reservists. Secondly, it violates the principle of equality before the law, as individuals outside this group who ignore draft orders face legal proceedings, while those covered by the amendment are protected.

While the government has suggested that arrests are not effective in increasing ultra-Orthodox enlistment and that tailored legislation and adapted military frameworks are needed, Baharav-Miara's response emphasizes that the current amendment removes enforcement tools without providing alternative mechanisms to boost enlistment. The state's argument acknowledges the need for adapted service tracks and outreach but insists on maintaining enforcement options to ensure equality and address the burden on existing military personnel.