Israeli top court rules Orthodox men must serve in army

JERUSALEM: Israel’s top court ruled unanimously on Tuesday that the state must draft ultra-Orthodox Jewish men into military service, potentially destabilising Prime Minister Benjamin Netanyahu’s ruling coalition.

The High Court of Justice’s decision on the politically charged issue comes as calls grow for ultra-Orthodox men, historically exempt from mandatory service, to enlist as Israel wages war on Hamas in Gaza and prepares for potential fighting in Lebanon.

“The executive branch has no authority to order not to enforce the Security Service Law for yeshiva students in the absence of an appropriate legislative framework”, the court said.

The justices ruled that without a law granting exemptions to students at Jewish seminaries, “the state must act to enforce the law”. They also ordered the state to stop funding yeshivas whose students evade military service.

The court’s ruling was a response to petitions from civil society groups advocating mandatory military service for ultra-Orthodox men.

Ultra-Orthodox Jews adhere to a strict interpretation of Jewish custom and largely live in insular communities in Israel and elsewhere. They make up about 13 per cent of Israel’s nearly 10 million population.

In Israel, military service is mandatory for Jewish men while religious women are exempt.

The ultra-Orthodox community, represented in Netanyahu’s government, has historically received exemptions for men to study in religious seminaries, viewed as crucial to preserving Israel’s Jewish identity.

The issue of ultra-Orthodox enlistment led to the collapse of a previous Netanyahu-led coalition government in 2018, sparking years of political deadlock.

Netanyahu heads a coalition comprised of two ultra-Orthodox parties vehemently opposed to a military draft for yeshiva students, along with religious ultranationalist factions. The court’s ruling could undermine the stability of Netanyahu’s government, which is divided over the issue.

Netanyahu’s Likud party, which sought to limit the court’s powers last year with a reform package that triggered protests, proposed a bill this month aimed at setting benchmarks for increasing ultra-Orthodox enlistment to resolve the draft issue.

“It’s surprising the High Court of Justice, which has avoided forcing the enlistment of yeshiva students with a decision for 76 years, does it especially now, on the eve of completing the historic draft bill,” the party said in a statement.