Exemption from military service in Israel

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Male Haredi Jews who declared that Torah study is their profession were exempt from compulsory military service or served for a considerably shorter period until the law was changed in 2014. Legislation on this has since changed in a way that has been contested by the High Court. Haredi Judaism.jpg
Male Haredi Jews who declared that Torah study is their profession were exempt from compulsory military service or served for a considerably shorter period until the law was changed in 2014. Legislation on this has since changed in a way that has been contested by the High Court.

Exemption from military service in Israel is covered by the Israeli Security Service Law, which regulates the process of Israeli military conscription. Per the law, an Israeli citizen who is drafted into the Israel Defense Forces (IDF) may be exempted if an evaluation finds them to meet specific criteria. The IDF's conscription laws only apply to three communities: the Jews, the Druze, and the Circassians. [3] Both men and women are drafted from the Jewish community, whereas only men are drafted from the Druze and Circassian communities.

Contents

Grounds for exemptions are expatriate status, medical or psychological issues, conscientious objection, [4] [5] [6] and criminal record (subject to review). Additionally, female Jewish draftees can be exempt due to marriage, pregnancy, motherhood, or religious commitments, including observing dietary and Sabbath travel laws, in accordance with §39 and §40 of the Security Service Law.

Under a special arrangement ( Torato Umanuto ), male Haredi students who were issued a draft notice could be granted a total exemption from service so long as they remained enrolled at their yeshiva for religious studies. In June 2024, Israel's Supreme Court unanimously ruled that Haredi Jews were eligible for compulsory service, ending nearly eight decades of exemption. [7] The army began drafting Haredi men the following month. [8]

Additionally, Arab citizens of Israel (who constitute about 21% of the Israeli population) are also exempted from military service. This exemption does not originate via Israeli statutory law, but is instead based on the guidelines of the IDF Human Resource Department, issued under the IDF's discretionary powers pursuant to the law. [3] As a result, Arab Muslims, Arab Christians, and Bedouins are not conscripted, [3] though all of them may still serve voluntarily. Among Israel's non-Druze and non-Circassian minorities, the Bedouin community has been notable for their voluntary contributions to service in the IDF. [9] [10]

Statistics

According to 2007 IDF figures, the largest single group of young (Jewish) Israelis who avoided conscription consisted of women who claim exemptions on religious grounds. This group made up 35% of all women eligible for the draft. Amongst males, the overall percentage of non-participation was 27.7%. This figure included 11.2% for Torato Omanuto, 7.3% for medical and psychological grounds, 4.7% because of criminal records and 4.2% because of residing abroad. [11] In 2014, the law changed such that the majority of the Haredi Jews were no longer exempt from the military service. [1] Another law change to grant exemptions again was contested by the High Court in 2017. [2] This ban on exemptions has now theoretically come into force but a lack of government action means nothing has changed in practice. [12]

By 2020, about 32.9% of men and 44.3% of women received exemptions from IDF service, and an additional 15% of men dropped out before completing their term of service. [13] Of those who received exemptions, some 44.7% were Haredim, 46.6% were secular, and 8.7% were religious Zionist. [13] There was a noted increase in exemptions granted for reasons of mental health. [13]

Non-recruitment

Accordance with section 36 of the Security Service Law, the security minister may exempt certain people from an army service in the IDF, for reasons related to the volume of the military forces or reserve forces, or for reasons related to educational needs, settlement needs, security needs, economy needs, family needs and various other reasons.

In accordance with section 5 of the Security Service Law, a medical board is authorized to determine if a candidate is unfit for national security service.

Draft evasion

In 2005, 32.1% of the Jewish women did not enlist in the military on religious grounds, and the overall rate of non-enlisted Jewish women has risen to 42.3%. [14] These high rates indicate that refraining from the draft is relatively common, at least among Israeli women. In 2008, the proportion of women who did not enlist rose to 44%, from which 34.6% did not enlist on religious grounds. As a result, the Israeli military tightened the way it handles cases in which Jewish women request an exemption on religious grounds, through investigating the truthfulness of their claims, in order to expose young women who lied about being religious. [15]

Section 94 of the Security Service Law describes another method of draft evasion: defecting from the military on the day of recruitment. When a soldier fails to show up to be recruited he is defined by the military as a draft evader. After being defined as a draft evader, an arrest warrant is issued against him and thereafter the military police is responsible for locating and capturing him. After being caught by the military police, it would be decided whether the draft evader would go through disciplinary proceedings (which means that they would get a limited punishment and not a criminal record), or whether he or she would face a military court where the punishment is not limited and the criminal conviction is registered.

Public censure

Draft evasion is a criminal act and condemned by the majority of Israelis. Among the strongest opponents to the Israeli government policy, a few people support draft evasion, but they are a minority in the Israeli public. After the 2006 Lebanon War media campaigns were organized against draft evasion and to promote enlistment, especially in combat units. Head of Human Resources Elazar Stern and Defense Minister Ehud Barak were particularly vocal on this subject:

The army is increasingly transforming from the people's army to the army of half of the people. A soldier should not feel that he is going into a battle while being perceived by large parts of the Israeli public as a patsy. [17]

In 1992, Israeli rock singer Aviv Geffen stated that he did not serve in the IDF and encouraged people not to enlist Aviv Geffen AG.jpg
In 1992, Israeli rock singer Aviv Geffen stated that he did not serve in the IDF and encouraged people not to enlist

Israeli celebrities and public figures who evaded the draft in their youth (mostly before they became famous) have been condemned.

Impact on civilian life

An individual's military service is usually a topic of discussion in many job interviews in Israel, and is information job seekers usually would add to their resume. Nevertheless, in 2003 the Regional Court in Tel Aviv declared that the requirement of military service as a precondition to be hired for a position constitutes discrimination and is forbidden if military service is not relevant for that position. [20] The Israeli Equal Opportunities Act (חוק שוויון ההזדמנויות בעבודה) was revised in the mid 1990s [21] to prohibit employers from asking candidates about their military profile in the IDF. Nevertheless, legally there is as yet no prohibition against questions regarding an individual's military service or the fact that they did not enlist in the military - information which might be used later on as part of the many considerations which would contribute to an interviewer's decision not to hire the individual. In the years since the Equal Opportunities Act was revised, and despite the changes in the Israeli public regarding military service, there is still largely a negative attitude toward those who have not served in the IDF. As an example, a substantial proportion of the employment ads in the newspapers state explicitly that only candidates who have carried out "full military service" will be considered for that position.

Exemption expiration

In June 2023, blanket military service exemptions for ultra-Orthodox yeshiva students expired. This meant that the IDF could conscript anyone eligible for military service, including ultra-Orthodox citizens. Right before the expiration, a cabinet resolution passed that extended the no-draft policy for another 10 months, while it decided on how best to proceed. After the October 7th attacks, the government failed to pass any subsequent laws regarding conscription exemption. Subsequently, the Movement for Quality Government in Israel petitioned that the lack of exemption should result in enforcement of conscription of ultra-Orthodox Israelis. [22]

In June 2024, the Supreme Court of Israel declared any continued exemption of IDF conscription unlawful. [22] The ruling had caused officials in the ultra-Orthodox Shas party to urge potential conscripts in July 2024 to ignore any call-ups from the IDF and protests. During at least one protest protestors attacked both law enforcement and the vehicle of Minister Yitzhak Goldknopf. [23] [24]

In July 2024, the army began drafting 3,000 Haredi men. [25] In mid November 2024 it was announced that Israeli military officials had issued 1,126 arrest warrants for ultra-Orthodox Jewish conscripts who had not responded to drafting orders, those who continued to not cooperate could declared a draft dodger and banned from foreign travel and risk of arrest. [26]

See also

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References

  1. 1 2 "Israel Ends Ultra-orthodox Military Service Exemptions". BBC News . 12 March 2014. Archived from the original on 28 January 2016. Retrieved 17 August 2014.
  2. 1 2 Kershner, Isabel (12 September 2017). "Israel's Military Exemption for Ultra-Orthodox Is Ruled Unconstitutional" . The New York Times . Archived from the original on 13 September 2017. Retrieved 27 June 2024.
  3. 1 2 3 Levush, Ruth (30 December 2020) [November 2019]. "Israel: Military Draft Law and Enforcement". Law Library of Congress . Archived from the original on 16 May 2024. Retrieved 27 June 2024.
  4. ↑ פירוט של הקושי בהשגת פטור מטעמי מצפון - מתוך דברי הסבר להצעת חוק שירות ביטחון (תיקון - פטור מטעמי מצפון), התשס"ו-2006 [Details of the difficulty in obtaining an exemption for reasons of conscience - from the explanatory notes in the Defense Service Law (Amendment - an exemption for reasons of conscience), 2006] (in Hebrew). 8 May 2006. Archived from the original on 5 November 2013. Retrieved 12 October 2014.
  5. ↑ Felix Frisch (16 June 2003). צה"ל נתן פטור משירות לסרבן מצפון [IDF gave exemption from service to conscientious objector] (in Hebrew). Ynet . Retrieved 12 October 2014.
  6. ↑ Roy Cochavi (1 March 2004). סרבן שירות קיבל פטור מטעמי מצפון [conscientious objector received exemption from reasons of conscience] (in Hebrew). News1 . Retrieved 12 October 2014.
  7. ↑ "Israel's high court orders the army to draft ultra-Orthodox men, rattling Netanyahu's government". AP News. 25 June 2024. Retrieved 25 June 2024.
  8. ↑ Fabian, Emanuel (18 July 2024). "IDF to begin drafting 3,000 Haredi men starting Sunday, in three waves". Times of Israel.
  9. ↑ Fabian, Emanuel (27 November 2022). "IDF Outreach in South Aims to Steer Young Bedouin Away From Crime". The Times of Israel . Archived from the original on 27 November 2022. Retrieved 2 September 2023.
  10. ↑ i24 News; ILH Staff (6 January 2022). "Despite challenges, Bedouin soldiers 'proud to serve' in IDF". Israel Hayom . Archived from the original on 27 June 2024. Retrieved 2 September 2023.{{cite web}}: CS1 maint: numeric names: authors list (link)
  11. ↑ Grinberg, Mijal (6 November 2007). "IDF: Nearly 28% of Israeli Males Avoided Conscription in 2007" . Haaretz . Archived from the original on 28 December 2023. Retrieved 19 March 2012.
  12. ↑ Gross, Judah Ari. "IDF exemption for Haredim expires — but nothing's likely to change, for now". www.timesofisrael.com. Retrieved 18 April 2021.
  13. 1 2 3 Anna Ahronheim, A third of Israeli youth do not enlist in IDF, Jerusalem Post (January 19, 2020).
  14. ↑ Hanan Greenberg (24 July 2005). דאגה בצה"ל: הבנות ממעטות להתגייס [Military concern: fewer girls to enlist]. Ynet (in Hebrew). Retrieved 12 October 2014.
  15. ↑ Hanan Greenberg (1 March 2009). זינוק במספר הלא-מתגייסים, בעיקר צעירות [Jump in the number of non-recruits, mainly young]. Ynet (in Hebrew). Retrieved 12 October 2014.
  16. ↑ עת"ם (י-ם) 9050/08 יניב דוד הראל נגד שר הפנים, ניתן ב-25.6.2009[ dead link ]
  17. ↑ Yuni Schoenfeld. ברק: צה"ל הפך לצבא חצי העם [Barak: IDF army became half the people] (in Hebrew). MSN. Archived from the original on 20 April 2008.
  18. ↑ הרווחתי בגדול שלא התגייסתי [big payoff that I didn't enlist]. Ynet (in Hebrew). 22 October 2007. Retrieved 12 October 2014.
  19. ↑ Moran Zelikovich (1 February 2005). חמישית מהבנים ושליש מהבנות לא מתגייסים מדי מחזור [One-fifth of boys and one-third of girls do not enlist every cycle]. Ynet (in Hebrew). Retrieved 12 October 2014.
  20. ↑ מדינת ישראל נגד תפקיד פלוס בע"מ [State of Israel v. Position Plus Ltd.](PDF) (in Hebrew). Ministry of Labor and Social Affairs, State of Israel. 12 June 2003. Archived from the original (PDF) on 3 March 2016. Retrieved 12 October 2014.
  21. ↑ חוק שוויון ההזדמנויות בעבודה, התשמ"ח-1988 [Equal Opportunities Act, 1988] (in Hebrew). Hilan. Archived from the original on 28 September 2013. Retrieved 12 October 2014.
  22. 1 2 Sharon, Jeremy (25 June 2024). "In historic ruling, High Court says government must draft Haredi men into IDF". Times of Israel . Retrieved 25 June 2024.
  23. ↑ Izso, Lauren; Atay Alam, Hande (30 June 2024). "Ultra-Orthodox Jewish protesters attack Israeli minister's car amid anger at military draft ruling". CNN. Retrieved 21 November 2024.
  24. ↑ Izso, Lauren; Lister, Tim (17 July 2024). "Ultra-Orthodox party in Israel urges young Haredi men to resist draft". CNN. Retrieved 21 November 2024.
  25. ↑ Fabian, Emanuel (18 July 2024). "IDF to begin drafting 3,000 Haredi men starting Sunday, in three waves". Times of Israel.
  26. ↑ Michaelis, Tamar (19 November 2024). "Israel issues more than 1,000 arrest warrants for ultra-Orthodox draft avoiders". CNN. Retrieved 21 November 2024.
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