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Attorney general to High Court: IDF issued draft orders to ultra-Orthodox men – but gov't fails to sanction draft dodgers

 
Ultra-Orthodox Jewish men protest against the drafting of Ultra-Orthodox Jews to the Israeli army, outside the army recruitment office in Jerusalem, May 1, 2024. (Photo: Chaim Goldberg/Flash90)

Attorney General Gali Baharav-Miara submitted a declaration to the High Court of Justice on Tuesday, criticizing the government’s policy regarding ultra-Orthodox conscription.

"In July, the army issued call-up orders to all those obligated to enlist from the ultra-Orthodox sector (54,000 orders), and reported an enforcement plan that includes increasing delays and arrests and shortening the process for declaring draft evasion," the statement read.

"An additional essential step is expanding the range of sanctions and revoking benefits from draft dodgers. This matter, which is under the responsibility of the government, has yet to be advanced."

According to the position of all professional bodies that participated in the oversight discussions [...] “The powers currently held by the army are not sufficient to meet the IDF’s staffing needs based on current security requirements,” Baharav-Miara continued.

“They believe it is critically important to expand personal enforcement measures against draft dodgers and to revoke state benefits – steps that fall under the authority of various government agencies.”

The attorney general clarified that the professional echelon had presented proposals for improving enforcement and expanding the range of personal sanctions and benefit revocations granted by the state, some of which can be implemented immediately without the need for legislation.

“The decision now lies with the political leadership.”

On Monday, the Knesset officially approved the appointment of Knesset Member Boaz Bismuth as Chairman of the Foreign Affairs and Defense Committee, replacing Knesset Member Yuli Edelstein, as part of Likud party's effort to address the recruitment crisis with the ultra-Orthodox parties.

Before the vote, Edelstein published the draft version of the conscription law he had worked on for the first time.

The updated draft law sets a new and reduced annual recruitment target for the first year of the law’s implementation – only 4,800 soldiers, of whom at least 35% must serve as combat soldiers. In subsequent years, the recruitment target gradually increases: 5,760 in the second year, 6,840 in the third, and 7,920 in the fourth – while maintaining the requirement that 35% of recruits be combat soldiers.

As for personal sanctions against yeshiva students who fail to report for enlistment, the draft includes a driving license ban until the age of 23, a travel ban, and the cancellation of income tax credit points.

About two weeks ago, Kan News revealed the specific clauses in the proposed exemption law that sparked outrage among ultra-Orthodox parties.

One clause addresses the use of a special committee to approve overseas travel for draft-eligible individuals who have not reported. According to the draft, this committee would be controlled by the military. In addition, the law stipulates the use of driving license revocations.

The third clause that ultra-Orthodox parties refuse to accept stipulates that in the first year, 5,700 ultra-Orthodox men would be drafted instead of 4,800.

According to the draft, every candidate for military service would be formally enlisted and returned to his unit before receiving an exemption, and sanctions would apply until age 30.

Tamar Almog is a legal affairs correspondent and commentator for KAN 11 news.

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