High Court Rules Ultra-Orthodox Men Are Subject to Draft, Threatening Netanyahu’s Coalition

Israel’s high court ruled that men in the ultra-Orthodox community are subject to conscription on Tuesday. The community, known as the Haredim, is politically powerful, subsidized by the citizenry, and until now had been unaffected by the mass mandatory enlistment. This is a heavily contentious issue as more than 600 Israeli soldiers have been killed and thousands more wounded in Gaza, and the ruling could spell trouble for Prime Minister Benjamin Netanyahu’s fragile ruling coalition.

The court’s decree, which was unanimously supported by all nine justices, says “At the height of a difficult war, the burden of inequality is more than ever acute.” It also stipulates that, if they refuse military service in the absence of a formal exemption, ultra-Orthodox men studying at Yeshivas will lose their taxpayer funding.

The secular and non-Orthodox population including men and women have long been subject to mandatory enlistment, “[serving] three and two years respectively as well as reserve duty until around age 40,” the Associated Press notes. Naturally, they view the previous status quo as discriminatory. Whereas, for decades, the Haredim have vehemently opposed military service while enjoying their exemption. The dispute has boiled over now as the Israel Defense Forces (IDF) have been bogged down in the Gaza slaughter campaign, while concurrently Tel Aviv seems ready to drastically escalate the burgeoning war with Lebanon.

Opposition parties on the left and right have praised the long-awaited change in policy. The Movement for Quality Government issued a statement calling the high court decision “a historic triumph for the rule of law and the principle of equal military service burden.” The same party led the petition to the court and has now implored Defense Minister Yoav Gallant to immediately draft Haredi men.

Both United Torah Judaism and Shas, ultra-Orthodox parties in Netanyahu’s coalition, decried the ruling. “There is no power in the world that can cut off the people of Israel from studying the Torah and anyone who has tried this in the past has failed miserably,” railed Aryeh Deri, leader of Shas as well as the prime minister’s close ally. “No high-handed ruling will abolish the community of scholars in the land of Israel, which is the branch on which we all sit,” he added. United Torah Judaism declared the ruling is without legal basis, with Yitzhak Goldknopf lamenting that the decree was “expected and very unfortunate.”

Netanyahu relies heavily on ultra-orthodox and extremist factions to stay in power, especially after former general Benny Gantz exited the prime minister’s now-disbanded war cabinet over disagreements regarding the Gaza war. As the AP explains, “If the exemptions are ended, they could bolt the coalition, causing the government to collapse and likely leading to new elections at a time when its popularity has dropped. In the current environment, Netanyahu could have a hard time delaying the matter any further or passing laws to restore the exemptions.”

Netanyahu’s Likud party issued a statement excoriating the ruling, promising to introduce a bill that deals with the issue. Some critics have said it is insufficient to address the military’s personnel needs. Forcing Haredi men to enlist would “tear Israeli society apart,” government lawyers told the court. Prior to the ruling, the issue had already triggered protests that saw Haredim blocking Jerusalem roads.

On top of a myriad of other vulnerabilities Netanyahu faces that threaten to collapse his government, Haaretz reports the prime minister’s wife has alleged IDF chiefs are fomenting a coup against him. At a meeting with representatives of the families of Israeli hostages held by Hamas in the besieged enclave last week, Sara Netanyahu said she has no confidence in the senior officers and repeatedly stated they are attempting to overthrow her husband.

This followed Netanyahu’s son, Yair, calling the IDF Chief of Staff Herzi Halevi, Shin Bet Chief Ronen Bar, and erstwhile head of the Military Intelligence Directorate Aharon Haliva, “fatal failures.” He added in an X post, “What are they (army chiefs) trying to hide? If there was no betrayal, why are they so afraid that external and independent parties will check what happened?”

Recently, Rear Adm. Daniel Hagari, the IDF spokesman, proclaimed Netanyahu’s stated goal of eradicating Hamas is unachievable. “This business of destroying Hamas, making Hamas disappear – it’s simply throwing sand in the eyes of the public,” he said, adding “Hamas is an idea, Hamas is a party. It’s rooted in the hearts of the people – whoever thinks we can eliminate Hamas is wrong.” This view comports with assessments made by Chairman of the Joint Chiefs of Staff Charles Q. Brown as well as both US and Israeli intelligence.

Connor Freeman is the assistant editor and a writer at the Libertarian Institute, primarily covering foreign policy. He is a co-host on the Conflicts of Interest podcast. His writing has been featured in media outlets such as Antiwar.com, Counterpunch, and the Ron Paul Institute for Peace and Prosperity. He has also appeared on Liberty Weekly, Around the Empire, and Parallax Views. You can follow him on Twitter @FreemansMind96.