The Conscription Exemption Law Harms the Israeli Ethos

Ma’ariv, Israel, September 1

Last week, the leaders of the governing coalition headed by Prime Minister Benjamin Netanyahu, met to discuss a bill to exempt yeshiva students from mandatory conscription. It should be noted that before the coalition was formed, the ultra-Orthodox had requested that the law be passed before the government’s swearing-in at the Knesset. Netanyahu gave his assurance that the law would be passed during the winter session of the Knesset, following the formation of the government. Despite his promise, the bill’s advancement has been repeatedly delayed. Recently, the ultra-Orthodox coalition leaders declared that they would not vote on any legislation during the upcoming winter session beginning this October until two laws were enacted: one granting an exemption from military conscription for yeshiva students and the other a “Torah study” basic law. Benny Gantz, the current front-runner in polls for national elections, said that only 1,000 yeshiva students would be permitted an exemption from military service or national duties; the remainder would be required to serve. David Ben-Gurion’s policy in the 1950s of granting exemptions from mandatory military service to yeshiva students was maintained until the late 1960s. However, in 1968, then-Defense Minister Moshe Dayan imposed a limit of 800 yeshiva student exemptions. In 1970, Dayan reversed the limitation, and the issue was taken to the Supreme Court. The court ruled that the maximum number of student exemptions had to be respected. When Menachem Begin and the Likud party came to power in 1977, the ultra-Orthodox parties joined the coalition. As a result, the policy of granting unlimited exemptions to yeshiva students was reinstated. In 1986, attorney Yehuda Ressler challenged the government’s decisions in favor of the ultra-Orthodox on grounds of inequality. The Foreign Affairs and Defense Committee, then chaired by Menachem Hacohen of the Moshavim movement, proposed solutions to the issue but none were accepted. The matter was brought before the Supreme Court in 1998 under the presidency of Aharon Barak. Ultimately, the court determined the existing arrangement was flawed and that the status of yeshiva members should be determined by law to legally excuse them. On the advice of retired Supreme Court Justice Tzvi Tal, a committee was formed to draft a new law for the Knesset. The Tal Law, legislated in 2002, failed to meet its anticipated objectives. Practically, only a few dozen ultra-Orthodox enlisted in the Israeli Defense Forces. In answer to questions from the Israeli Supreme Court, the government confessed that the measure had been unsuccessful, and in 2012, the Tal Law was declared unconstitutional. In the summer of 2013, a government committee, chaired by the ex-head of the Shin Bet and Knesset member Yaakov Peri of Yesh Atid, drafted ideas for the recruitment of ultra-Orthodox citizens. This proposal included quotas and sanctions for avoiding service. Despite passing with a majority in the Knesset, the law failed to fulfill its goals. The ball is now in the court of the ultra-Orthodox, who may be responsible for derailing efforts to introduce legal reform. They have voiced their lack of support for the proposed reform, claiming it is primarily in the interest of exempting ultra-Orthodox Jews from military service. It appears that they only back the legal overhaul to ensure the cancellation of conscription requirements. It is questionable whether the “Torah study” basic law should be enforced, given its implications for Israel’s national ethos and the rule of law. Therefore, it remains to be seen if this law will even pass. Currently, it remains highly unlikely that it will. —Yechiel Gutman (translated by Asaf Zilberfarb)