The Israeli Supreme Court on Tuesday ordered the government to draft ultra-Orthodox Jews into the military, delivering a blow to Prime Minister Benjamin Netanyahu that has the potential to unravel his ruling coalition.
The court also ordered the government to withdraw funding from any religious schools, or yeshivas, whose students do not comply with draft notices.
“The government wanted to distinguish at the level of law enforcement between individuals based on their group affiliation,” the court said in its ruling. “It was determined that by doing so, the government seriously harmed the rule of law and the principle according to which all individuals are equal before the law.”
Ultra-Orthodox (or Haredi) Jews have, for all intents and purposes, been exempt from mandatory military service since the occupation entity’s founding. Ultra-Orthodox men spend much of their early lives out of the workforce, entirely devoted to religious study. They view yeshivas as fundamental to the preservation of Judaism, as important to Israel’s defense as the military.
Most Israelis believe ultra-Orthodox men should serve in the military, according to recent polls, but Haredi parties have been staunchly opposed to efforts to rescind the draft exemption. Netanyahu’s fragile government coalition relies on two Haredi parties – United Torah Judaism and Shas – to govern. He has for weeks been trying to advance legislation through Israel’s parliament, the Knesset, that would enshrine in law a draft exemption for Haredi men.
The decision comes at a critical time for an entity at war for nearly nine months, and a prime minister whose far-right government lost its veneer of wartime solidarity earlier this month when Benny Gantz, an opposition leader, left Netanyahu’s war cabinet. And although Zionist military chiefs publicly decry manpower shortfalls, this ruling is unlikely to result in large numbers of ultra-Orthodox men joining ranks anytime soon.
Although the Supreme Court has now ruled that the IOF must draft Haredi men, ultra-Orthodox leaders will continue to push for legislation that gives them a legal exemption.
“We are being practical when it comes to any these issues, and leaving the coalition doesn’t change the fact,” Roth said.
The ruling is likely to increase tensions within Netanyahu’s government, and between its political and military leaders.
The war on Gaza has put significant strain on the Israeli military, and given the issue of recruitment an urgency it lacked before Hamas’ October 7 attack. The IOF has called up huge numbers of reservists, asking them to serve extended tours of service and removing legions of workers from Israel’s economy.
Defense Minister Yoav Gallant has publicly criticized Netanyahu’s attempt to exempt Haredi Jews. And IOF Chief of Staff Herzi Halevi has been vocal about the need to draft Haredi men.
“Every such battalion that we establish, an ultra-Orthodox battalion, decreases the need for the deployment of many thousands of reservists thanks to the mandatory service people,” he said earlier this month. “We want to expand the base as much as possible – of those who come to enlist, I tell you that there is an opportunity for change in the ultra-Orthodox community.”
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