Israeli High Court orders sanctions on ultra-Orthodox draft dodgers, pressures gov't to enforce conscription

Israel's High Court of Justice ordered the government to begin imposing punitive measures against ultra-Orthodox (Haredi) draft dodgers on Sunday, as part of a filing asking the court to declare the government in contempt of the court over its failure to implement rulings from a November 2025 ruling on the issue. 

Unusually, the court gave specific instructions to the government, ordering it to restrict several social benefits only to members of the Haredi community who have enlisted in the IDF.

The court said discounted property purchase programs for first-time buyers, children’s daycare subsidies, and after-school care subsidies would be limited to those who have enlisted. It also instructed the Israel Land Council and the Labor Ministry to develop and implement the restrictions within 21 days.

In addition, the court gave the transportation ministry 35 days to determine whether public transportation discounts, which are also available to many Haredi yeshivah students, can be conditioned on military service. 

The ruling, which was given unanimously by the justices, was supported by justices often seen as sympathetic to the coalition government, including Noam Sohlberg, whom the coalition government wanted to make the President of the Supreme Court. 

Citing the government’s lack of action, the justices wrote, “In light of the above [the previous court decisions], and since no concrete steps have been presented that would indicate an intention to act to enforce the draft obligation, and to comply with the provisions of the ruling, which stemmed from clear and unambiguous legal provisions, there is no choice but to order operative steps, which are nothing more than the direct implementation of the ruling.” 

Anticipating pushback from the coalition government, the justices wrote, “Indeed, it is not the court's manner to issue operative instructions of the type at issue. But the distance between the normal and accepted state of affairs and the current state of affairs is unbridgeable. In the circumstances, it seems, and with great regret, that there is no escape. Admittedly, we do this with a heavy, very heavy heart, but after countless attempts to take a more moderate path – there is no choice left.” 

The court also noted that while ultra-Orthodox make up 80% of draft dodgers in Israeli society, “enforcement of the draft obligation against this public is at very low levels, to say the least.” 

Despite over 79,000 draft orders being sent to eligible members of the ultra-Orthodox community, only around 2,100 have responded to the summons. However, during the period from January 2025 to January 2026, only 17 Haredi men were arrested for avoiding the draft. 

The justices accused the Israel Police of “not acting in accordance with their obligations” in enforcing arrests. 

An attorney representing the police at a hearing earlier this month on the issue had told the court that the large protests organized by ultra-Orthodox groups in order to prevent such arrests from taking place are the main reason behind the lack of police action. 

The justices responded sharply to such a line of reasoning, writing, “the societal message that emerges from the police refraining from acting specifically against those who try to thwart enforcement actions through widespread violations of [public] order, is that of a 'sinner who gets away with it' – a message that cannot be accepted.” 

The court’s decision was met with praise by members of the opposition, who have criticized the coalition government for increasing benefits to the ultra-Orthodox community at a time when many reserve soldiers are facing severe financial repercussions from repeated duty during the Gaza War, while at the same time attempting to pass laws that would exempt most of the Haredi men from having to serve. 

Opposition leader Yair Lapid wrote to social media following the court’s decision, “The High Court of Justice has ruled - draft dodging must end immediately. Netanyahu's government must decide whether it stands with the Zionists or with the draft dodgers.” 

He also shared a picture of members of the ultra-Orthodox community burning Israeli flags, while writing, “Netanyahu's natural partners are acting against the State of Israel. Where are the condemnations from all the political leaders of the Haredi public? The next government will be a collaboration of Zionists and servants, not of anti-Zionist draft dodgers.” 

Right-wing opposition leader Avigdor Liberman shared an article about a haredi man who enlisted in the IDF and was attacked at his home by other ultra-Orthodox men, writing, “Attack on an IDF soldier in his home by draft dodgers - this is a lynching attempt in every sense of the word. We must not allow our soldiers to be harmed. The criminals must face justice!” 

He also praised the court’s decision, saying, “The true right does not support evasion and does not support evaders. Whoever does not enlist - does not receive. Period.” 

Haredi politicians, such as United Torah Judaism chairman Yitzhak Goldknopf, attacked the court’s decision as “a direct blow to the heart of the Jewish identity of the State of Israel.” 

Degel HaTorah Chairman Moshe Gafni echoed his statement, saying, "The State of Israel is losing, step by step, its identity as a Jewish and democratic state.” Gafni claimed that Haredi yeshivah students are “the foundation of our existence as a people.”