Israel’s high court orders the army to draft ultra-Orthodox men, rattling Netanyahu’s government

Under longstanding arrangements, ultra-Orthodox men have been exempt from the draft (AFP/FILE)
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Updated 25 June 2024
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Israel’s high court orders the army to draft ultra-Orthodox men, rattling Netanyahu’s government

  • Under longstanding arrangements, ultra-Orthodox men have been exempt from the draft
  • These exemptions have long been a source of anger among the secular public

JERUSALEM: Israel’s Supreme Court on Tuesday ruled unanimously that the military must begin drafting ultra-Orthodox men for compulsory service, a landmark decision that could lead to the collapse of Prime Minister Benjamin Netanyahu’s governing coalition as Israel continues to wage war in Gaza.
The historic ruling effectively puts an end to a decades-old system that granted ultra-Orthodox men broad exemptions from military service while maintaining mandatory enlistment for the country’s secular Jewish majority. The arrangement, deemed discriminatory by critics, has created a deep chasm in Israel’s Jewish majority over who should shoulder the burden of protecting the country.
The court struck down a law that codified exemptions in 2017, but repeated court extensions and government delaying tactics over a replacement dragged out a resolution for years. The court ruled that in the absence of a law, Israel’s compulsory military service applies to the ultra-Orthodox like any other citizen.
Under longstanding arrangements, ultra-Orthodox men have been exempt from the draft, which is compulsory for most Jewish men and women.
These exemptions have long been a source of anger among the secular public, a divide that has widened during the eight-month-old war, as the military has called up tens of thousands of soldiers and says it needs all the manpower it can get. Over 600 soldiers have been killed since Hamas’ Oct. 7 attack.
Politically powerful ultra-Orthodox parties, key partners in Netanyahu’s governing coalition, oppose any change in the current system. 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. During arguments, government lawyers told the court that forcing ultra-Orthodox men to enlist would “tear Israeli society apart.” There was no immediate comment from Netanyahu’s office.
The court decision comes at a sensitive time, as the war in Gaza drags on into its ninth month and the number of dead soldiers continues to mount.
In its ruling, the court found that the state was carrying out “invalid selective enforcement, which represents a serious violation of the rule of law, and the principle according to which all individuals are equal before the law.”
It did not say how many ultra-Orthodox should be drafted, but the military has said it is capable of enlisting 3,000 this year.
Some 66,000 ultra-Orthodox men are now eligible for enlistment, according to Shuki Friedman, an expert on religion and state affairs and the vice president of the Jewish People Policy Institute, a Jerusalem think tank.
The ruling of Israel’s highest court must be followed, and the military is expected to begin doing so once it forms a plan for how to draft thousands of members of a population that’s deeply opposed to service, and which follows a cloistered and modest lifestyle the military may not be immediately prepared to accommodate. The army had no immediate comment.
The court also ruled that state subsidies for seminaries where exempted ultra-Orthodox men study should remain suspended. The court temporarily froze the seminary budgets earlier this year.
In a post on the social media platform X, Cabinet minister Yitzhak Goldknopf, who heads one of the ultra-Orthodox parties in the coalition, called the ruling “very unfortunate and disappointing.” He did not say whether his party would bolt the government.
“The state of Israel was established in order to be a home for the Jewish people whose Torah is the bedrock of its existence. The holy Torah will prevail,” he wrote.
The ultra-Orthodox see their full-time religious study as their part in protecting the state. Many fear that greater contact with secular society through the military will distance adherents from strict observance of the faith.
Ultra-Orthodox men attend special seminaries that focus on religious studies, with little attention on secular topics like math, English or science. Critics have said they are ill-prepared to serve in the military or enter the secular work force.
Religious women generally receive exemptions that are not as controversial, in part because women are not expected to serve in combat units. The ruling does not address the status of Israel’s Palestinian citizens, who are not required to serve and most of whom do not. As descendants of Palestinians who remained in Israel after the 1948 war that led to its creation, their ties to the military are more fraught and some in Israel see them as a fifth column because of their solidarity with Palestinians in Gaza and the West Bank.
Tuesday’s ruling now sets the stage for growing friction within the coalition over the draft issue. Ultra-Orthodox lawmakers are likely to face intense pressure from religious leaders and their constituents and may have to choose whether remaining in the government is worthwhile for them. Previous court rulings on the issue and threats of enlistment have sparked protests and violence between ultra-Orthodox and police.
Friedman said the ultra-Orthodox “understand that they don’t have a better political alternative, but at same time their public is saying ‘why did we vote for you?’”
The exemptions have faced years of legal challenges and a string of court decisions has found the system unjust. But Israeli leaders, under pressure from ultra-Orthodox parties, have repeatedly stalled.
The Movement for Quality Government in Israel, which has helped lead the challenge against the exemptions, called on the government to immediately draft all eligible seminary students. “This is their legal and moral duty, especially in light of the complex security situation and the urgent need for personnel” in the army, said Tomer Naor, head of the group’s legal department.
Netanyahu’s coalition is buoyed by two ultra-Orthodox parties who oppose increasing enlistment for their constituents. The long-serving Israeli leader has tried to adhere to the court’s rulings while also scrambling to preserve his coalition. But with a slim majority of 64 seats in the 120-member parliament, he’s often beholden to the pet issues of smaller parties.
The government could in theory try to draft a law that restores the exemptions, but doing so will be politically challenging in light of the court’s ruling.
Some moderate members of the government have indicated they will only support a law that enlists sizable numbers of ultra-Orthodox, and the legislative clock is running out with the Knesset soon to leave for summer recess. That could force the military to begin drafting religious men before any new law is in place.
Netanyahu has been promoting a bill tabled by a previous government in 2022 that sought to address the issue by calling for limited ultra-Orthodox enlistment.
But critics say that bill was crafted before the war and doesn’t do enough to address a pressing manpower shortfall as the army seeks to maintain its forces in the Gaza Strip while also preparing for potential war with the Lebanese Hezbollah group, which has been fighting with Israel since the war in Gaza erupted last October.
With its high birthrate, the ultra-Orthodox community is the fastest-growing segment of the population, at about 4 percent annually. Each year, roughly 13,000 ultra-Orthodox males reach the conscription age of 18, but less than 10 percent enlist, according to the Israeli parliament’s State Control Committee.


Trump weighs Iran strikes to inspire renewed protests, sources say

Updated 58 min 41 sec ago
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Trump weighs Iran strikes to inspire renewed protests, sources say

  • Trump’s options include targeting leaders and security forces, US sources say
  • Iran prepares for military confrontation, seeks diplomatic channels, Iranian official says

DUBAI: US President Donald Trump is weighing options against Iran that include targeted strikes on security forces and leaders to inspire protesters, multiple sources said, even as Israeli and Arab officials said air power alone would not topple the clerical rulers. Two US sources familiar with the discussions said Trump wanted to create conditions for “regime change” after a crackdown crushed a nationwide protest movement earlier this month, killing thousands of people.
To do so, he was looking at options to hit commanders and institutions Washington holds responsible for the violence, to give protesters the confidence that they could overrun government and security buildings, they said.
One of the US sources said the options being discussed by Trump’s aides also included a much larger strike intended to have lasting impact, possibly against the ballistic missiles that can reach US allies in the Middle East or its nuclear enrichment programs.
The other US source said Trump has not yet made a final decision on a course of action including whether to take the military path. The arrival of a US aircraft carrier and supporting warships in the Middle East this week has expanded Trump’s capabilities to potentially take military action, after he repeatedly threatened intervention over Iran’s crackdown.
Four Arab officials, three Western diplomats and a senior Western source whose governments were briefed on the discussions said they were concerned that instead of bringing people onto the streets, such strikes could weaken a movement already in shock after the bloodiest repression by authorities since the 1979 Islamic Revolution.
Alex Vatanka, director of the Iran Program at the Middle East Institute, said that without large-scale military defections Iran’s protests remained “heroic but outgunned.”
The sources in this story requested anonymity to talk about sensitive matters. Iran’s foreign office, the US Department of Defense and the White House did not respond to requests for comment. The Israeli Prime Minister’s office declined to comment. Trump urged Iran on Wednesday to ⁠come to the table and make a deal on nuclear weapons, warning that any future US attack would be more severe than a June bombing campaign against three nuclear sites. He described the ships in the region as an “armada” sailing to Iran.
A senior Iranian official said that Iran was “preparing itself for a military confrontation, while at the same time making use of diplomatic channels.” However, Washington was not showing openness to diplomacy, the official said.
Iran, which says its nuclear program is civilian, was ready for dialogue “based on mutual respect and interests” but would defend itself “like never before” if pushed, Iran’s mission to the United Nations said in a post on X on Wednesday.
Trump has not publicly detailed what he is looking for in any deal. His administration’s previous negotiating points have included banning Iran from independently enriching uranium and restrictions on long-range ballistic missiles and on Tehran’s network of armed proxies in the Middle East.
Limits of air power
A senior Israeli official with direct knowledge of planning between Israel and the United States said Israel does not believe airstrikes alone can topple the Islamic Republic, if that is Washington’s goal.
“If you’re going to topple the regime, you ⁠have to put boots on the ground,” he said, noting that even if the United States killed Supreme Leader Ayatollah Ali Khamenei, Iran would “have a new leader that will replace him.”
Only a combination of external pressure and an organized domestic opposition could shift Iran’s political trajectory, the official said.
The Israeli official said Iran’s leadership had been weakened by the unrest but remained firmly in control despite the ongoing deep economic crisis that sparked the protests. Multiple US intelligence reports reached a similar conclusion, that the conditions that led to the protests were still in place, weakening the government, but without major fractures, two people familiar with the matter said.
The Western source said they believed Trump’s goal appeared to be to engineer a change in leadership, rather than “topple the regime,” an outcome that would be similar to Venezuela, where US intervention replaced the president without a wholesale change of government.
Khamenei has publicly acknowledged several thousand deaths during the protests. He blamed the unrest on the United States, Israel and what he called “seditionists.”
US-based rights group HRANA has put the unrest-related death toll at 5,937, including 214 security personnel, while official figures put the death toll at 3,117. Reuters has been unable to independently verify the numbers.
Khamenei retains control but less visible
At 86, Khamenei has retreated from daily governance, reduced public appearances and is believed to be residing in secure locations after Israeli strikes last year decimated many of Iran’s senior military leaders, regional officials said.
Day-to-day management has shifted to figures aligned with the Islamic Revolutionary Guard Corps (IRGC), including senior adviser Ali Larijani, they said. The powerful Guards dominate Iran’s security network and big parts of the economy. However, Khamenei retains final authority over war, succession and nuclear strategy — meaning political change is very difficult until he exits the scene, they said. Iran’s foreign ministry did not respond ⁠to questions about Khamenei.
In Washington and Jerusalem, some officials have argued that a transition in Iran could break the nuclear deadlock and eventually open the door to more cooperative ties with the West, two of the Western diplomats said.
But, they cautioned, there is no clear successor to Khamenei. In that vacuum, the Arab officials and diplomats said they believe the IRGC could take over, entrenching hardline rule, deepening the nuclear standoff and regional tensions.
Any successor seen as emerging under foreign pressure would be rejected and could strengthen, not weaken the IRGC, the official said.
Across the region, from the Gulf to Turkiye, officials say they favor containment over collapse — not out of sympathy for Tehran, but out of fear that turmoil inside a nation of 90 million, riven by sectarian and ethnic fault lines, could unleash instability far beyond Iran’s borders.
A fractured Iran could spiral into civil war as happened after the 2003 US invasion of Iraq, two of the Western diplomats warned, unleashing an influx of refugees, fueling Islamist militancy and disrupting oil flows through the Strait of Hormuz, a global energy chokepoint.
The gravest risk, analyst Vatanka warned, is fragmentation into “early-stage Syria,” with rival units and provinces fighting for territory and resources.
Regional blowback
Gulf states — long-time US allies and hosts to major American bases – fear they would be the first targets for Iranian retaliation that could include Iranian missiles or drone attacks from the Tehran-aligned Houthis in Yemen. Saudi Arabia, Qatar, Oman and Egypt have lobbied Washington against a strike on Iran. Saudi Crown Prince Mohammed bin Salman has told Iranian President Masoud Pezeshkian that Riyadh will not allow its airspace or territory to be used for military actions against Tehran.
“The United States may pull the trigger,” one of the Arab sources said, “but it will not live with the consequences. We will.”
Mohannad Hajj-Ali of the Carnegie Middle East Center said the US deployments suggest planning has shifted from a single strike to something more sustained, driven by a belief in Washington and Jerusalem that Iran could rebuild its missile capabilities and eventually weaponize its enriched uranium.
The most likely outcome is a “grinding erosion — elite defections, economic paralysis, contested succession — that frays the system until it snaps,” analyst Vatanka said.