Israel High Court Annuls Law Shielding Haredi Draft Dodgers from Arrest

Israel's High Court of Justice has unanimously struck down a law that prevented the arrest, investigation, and prosecution of Haredi yeshiva students who evaded military service. The court found that the law was unconstitutional due to fundamental flaws in the legislative process and a violation of the principle of equality. Deputy Supreme Court President Noam Sohlberg, who authored the principal opinion, stated that the final law passed in July was fundamentally different from the bill that passed its first reading, meaning it did not legally pass the required legislative stages. Eight of the nine justices further ruled that the law was unconstitutional because it protected one specific group from criminal enforcement while leaving their legal obligation to report for service intact.

The law never took effect because it was frozen by Justice Ofer Grosskopf on July 15, one day after its passage. The court noted that the Knesset's own legal advisers had warned lawmakers multiple times that the measure could not be treated as a continuation of the original bill. Attorney General Gali Baharav Miara and the IDF Chief of Staff also opposed the measure, with the latter warning that it would incentivize eligible men not to report for duty. The government did not mount a legal defense of the law, submitting instead that the result of the proceedings was known in advance.

Outlets with a center lean focused on the court's finding that the law flagrantly violated the state's obligation to exercise coercive power equally. A center right outlet provided detailed context on the legislative process and the specific rules of the Knesset that were violated. A left leaning outlet characterized the legislative flaws as glaring and emphasized the severe infringement on the constitutional right to equality.