The security challenges confronting the State of Israel since October 7, and the imperative to strengthen civic commitment and social solidarity, have made the issue of equality in the burden of military service existential and more significant than ever.
In July 2023, the legislative provision that allowed for the exemption of yeshiva students from serving in the military expired. However, with the enactment of a temporary resolution, the government authorized the Minister of Defense to continue exempting them from service.
On behalf of the "Brothers in Arms" organization, we filed a petition with the High Court of Justice of Israel, requesting a ruling declaring the government decision illegal and therefore - void, and asserting that there is no legal provision allowing for the non-enlistment of yeshiva students in the IDF.
We asked the High Court of Justice to issue an order requiring the government, the Minister of Defense, and the IDF Chief of Staff to comply with the principles of equality as stipulated in the Defense Service Law.
This order would mandate the enlistment of all eligible individuals, considering both the legal provisions and the existential needs of the army arising from the current conflict. Additionally, other petitioners petitioned the court to order the government to cease financial support for yeshiva students who do not enlist in the IDF, in the absence of a legal basis for such support.
In a historic ruling, an expanded panel of nine judges unanimously declared that there is no legal framework allowing for the non-enlistment of yeshiva students in the IDF, and that it is impermissible to provide financial support to those who have not been properly enlisted or exempted from service. Therefore, the state is obligated to enlist yeshiva students in accordance with the law and the needs of the army.
The "Brothers in Arms" organization was represented in the petition by Naschitz Brandes Amir partners Tommy Manor, Amit Mor, and Tal Gendelman.