Military service in Israel is a deeply ingrained aspect of national life, often perceived as a universal obligation. The question, “Do All Israelis Have To Serve In The Idf?” is a common one, reflecting both the centrality of the Israel Defense Forces (IDF) and the complexities surrounding conscription laws in the country. While the image of a nation in arms is prevalent, the reality is more nuanced, with legal exemptions and societal factors playing significant roles in who serves and who does not.
This article delves into the intricacies of Israeli military draft law, exploring who is legally obligated to serve, who is exempt, and the ongoing debates surrounding conscription policies. We will examine the legal framework, the historical context of exemptions, particularly for ultra-Orthodox (Haredi) Jews and Israeli Arabs, and the challenges of enforcing a universal draft in a diverse society. Understanding these aspects is crucial for grasping the dynamics of Israeli society and the ongoing discussions about equality and national service.
General Conscription Terms in Israel
The foundation of military service in Israel lies in the Defense Service Law [Consolidated Version] 5746-1986. This law grants the military the authority to conscript any eligible Israeli citizen or permanent resident, male or female, upon reaching the age of eighteen. The duration of this mandatory service varies, influenced by factors such as gender, age at conscription, and professional training, especially in medical or dental fields.
Typically, male conscripts aged 18 to 26 serve for 32 months. This period reduces to 26 months for those aged 27 to 29, or for doctors and dentists between 30 and 34. Male immigrants who arrive in Israel after turning 27 face a 20-month service, while doctors or dentists drafted between 34 and 38 serve for 14 months.
Female conscripts generally serve for 24 months if drafted between 18 and 26 years old, or if they are doctors or dentists aged 27 to 34. Female immigrants arriving after 27 serve 18 months, and female doctors or dentists aged 35 to 38 serve for 12 months.
It’s important to note that draft avoidance is a serious offense under Israeli law, carrying potential penalties of imprisonment ranging from two to five years, highlighting the legal weight attached to military service. Despite the seemingly universal nature of the draft law, the actual rate of conscription has seen a decline in recent years, signaling the growing complexities and exemptions within the system.
Legal Exemptions from IDF Service
While military service is presented as a mandatory duty, Israeli law and long-standing practices recognize several categories of exemptions. For female recruits, specific exemptions are in place for those who are pregnant, mothers, or who can demonstrate eligibility based on reasons of conscience, religious family background, or religious conviction. These exemptions acknowledge personal circumstances and beliefs that may preclude military service.
Beyond these general exemptions, two significant groups within Israeli society have historically been granted exemptions from military conscription: the ultra-Orthodox (Haredi) Jewish community and Israeli Arabs. These exemptions, however, are not identical in nature or legal basis and have been the subject of considerable public and legal debate.
The exemption for the Haredi community, primarily yeshiva (religious seminary) students, originated from an arrangement in the early years of Israel. In contrast, the exemption for Israeli Arabs is rooted in different considerations, linked to national identity and security concerns. These distinct exemptions have evolved through political negotiations, court challenges, and ongoing societal discussions, shaping the current landscape of military conscription in Israel.
The Haredi Community and Draft Deferment
The question of Haredi Jews and military service is a long-standing and contentious issue in Israel. The Haredi community, which constituted over 10% of the Israeli population as of 2019, has historically benefited from a military draft deferment that often led to full exemption. This arrangement began with David Ben-Gurion, Israel’s first Prime Minister, who sought to prevent the closure of yeshivas in Israel after the Holocaust decimated Jewish religious institutions in Europe. The initial intention was to allow yeshivas to flourish and rebuild.
However, by 1998, the Supreme Court questioned the validity of this original rationale, noting the thriving state of yeshivas in Israel and dismissing concerns about their potential disappearance due to military drafts. Despite this, the deferment system persisted, becoming a point of significant public debate, government scrutiny, and numerous Supreme Court challenges.
Legislative and Legal Battles Over Haredi Conscription
The legal framework for Haredi draft deferment has been a constantly shifting terrain, influenced by political bargaining and coalition agreements. In 2002, the Knesset (Israeli Parliament) passed the Tal Law, the first legislation to formally regulate these deferments. This law authorized the Minister of Defense to approve yeshiva student deferments for up to five years.
The Tal Law’s constitutionality faced repeated Supreme Court scrutiny. Ultimately, in 2012, the Supreme Court struck down the Tal Law, deeming it unconstitutional and a violation of the principle of equality. The court mandated its annulment by August of that year.
In 2014, a new legislative attempt emerged with an amendment law aimed at “equal sharing of the burden.” This law set conscription quotas and targets for the Haredi community and introduced sanctions for non-compliance. It included a three-year “adjustment period” where mandatory conscription was not enforced, and deferments continued.
However, political pressures, particularly from ultra-Orthodox parties joining the government, led to Amendment No. 21 in 2015. This amendment significantly extended the adjustment period to 2020 and granted considerable discretion to the Minister of Defense regarding Haredi conscription targets. Critics, like the Israel Democracy Institute (IDI), argued that Amendment 21 effectively voided the original intent of the 2014 law, reverting the situation to a pre-Tal Law state where Haredi enlistment was essentially voluntary.
In 2017, the Supreme Court again intervened, overturning Amendment No. 21. The court, in a majority decision, found that the amendment’s arrangements for Haredi conscription violated the principle of equality and the constitutional right to dignity of those obligated to serve. The court criticized the lack of clear targets, sanctions, and long-term vision in the legislation. To allow for transition, the annulment was delayed for a year, becoming effective in September 2018.
Current Status of Haredi Draft Law
Following the expiration of Amendment No. 21 in September 2018, the legal basis for Haredi draft deferment dissolved. An interim government proposed a new draft bill (Amendment No. 25) in July 2018. However, this bill has not progressed through the Knesset and has faced criticism from various groups.
The issue of Haredi conscription remains a central point of contention in Israeli politics and coalition negotiations. Ultra-Orthodox parties strongly oppose legislation that would significantly increase Haredi enlistment. Currently, in the absence of specific legislation granting exemptions, Haredi individuals are technically subject to the draft, although the practical enforcement of this remains a complex issue.
Israeli Arabs and Military Service
Israeli Arabs, comprising nearly 20% of Israel’s population by the end of 2018, represent another group with a distinct relationship to military service. While Druze and Circassian minorities within the Arab population are generally conscripted, Arab Muslims, Christians, and Bedouins are typically not called to serve. However, individuals from these groups can volunteer for service.
The exemption of Israeli Arabs is not rooted in law but in IDF policy, exercising discretionary powers under the Defense Service Law to enlist qualified individuals. These policies are outlined in IDF guidelines and interpreted within the legal framework.
Similar to the Haredi exemption, the non-drafting of Israeli Arabs dates back to the establishment of Israel. Early considerations included questions about the Arab minority’s acceptance of the new state and their loyalty. Over time, justifications have shifted to include state security concerns and humanitarian considerations, aiming to avoid forcing Israeli Arabs to serve in an army in conflict with Palestinians and the wider Arab world.
Nevertheless, the exemption of Israeli Arabs has also faced public debate and petitions to the Supreme Court, mirroring the controversies surrounding Haredi exemptions. The issue of Arab conscription is expected to be further addressed in future discussions about equality and national service.
Enforcement Challenges and Compliance Rates
A State Comptroller’s report in March 2018 highlighted significant challenges in enforcing military conscription and meeting recruitment targets. The report criticized “barriers to encouraging the Bedouin sector to volunteer” and “delays in promoting recruitment goals of yeshiva students.”
The report revealed a growing gap between recruitment targets and actual enlistment of yeshiva students. From 2013 to 2016, this gap widened dramatically, increasing roughly eightfold. The report also pointed to a lack of effective enforcement mechanisms to monitor service deferments for yeshiva students and to draft those not genuinely engaged in full-time yeshiva study.
These findings underscore the practical difficulties in implementing and enforcing conscription laws, particularly concerning the Haredi community and, to some extent, the Bedouin population. The report emphasizes the need for improved monitoring and enforcement mechanisms to ensure a more equitable distribution of military service.
Conclusions: The Future of Conscription in Israel
The exemptions granted to ultra-Orthodox Jews and Israeli Arabs have significant demographic implications for Israel. These groups collectively constitute a substantial portion of the population, and with higher birth rates, are projected to represent an even larger share in the future. This demographic reality raises concerns about the socio-economic impact of exempting a growing segment of the population from military service and its associated civic duties and economic contributions.
The State Comptroller’s report officially acknowledged the lack of effective enforcement, highlighting the gap between legal obligations and actual implementation. Instead of forcefully conscripting these groups, some voices suggest that Israeli leaders have implicitly accepted or even encouraged the current trends, perhaps believing that the perceived threat level does not justify the expense of a mass army or fearing societal disruption from enforcing universal conscription.
However, as military draft enforcement remains a key issue in ongoing coalition negotiations, the current situation is unlikely to be static. Future developments and potential legislative changes are anticipated as Israel grapples with the complex balance between national security needs, societal equality, and the evolving demographics of its population. The question of “do all Israelis have to serve in the IDF?” continues to be a subject of dynamic legal and political debate, reflecting fundamental questions about Israeli identity and the shared responsibilities of citizenship.
References
- Defense Service Law [Consolidated Version] 5746-1986, §§ 1 & 13, Sefer HaHukim [SH] (official gazette), No. 1170 p. 107 (as amended) (in Hebrew).
- Id. §§ 39 (c) & 40(a).
- Id. § 46.
- Hagai Amit, The Israeli Army Needs Ultra-Orthodox Soldiers, Haaretz (July 2, 2018), https://perma.cc/VA3L-P239
- Avi Jager, The Myth of Compulsory Military Service in Israel, Jerusalem Post (Oct. 18, 2018), https://perma.cc/9XQH-TVCH.
- Defense Service Law [Consolidated Version] § 15.
- Id. § 16.
- Id. §§ 39(c) & 40(a). (Translated from Hebrew by report author).
- Guidelines and Coalition Agreements, Knesset, https://perma.cc/C59A-ZWMA.
- Ruth Levush, Here We Go Again: Forming a Coalition Government Israeli Style, In Custodia Legis (Sept. 26, 2019), https://perma.cc/EJ94-LQBP.
- Press Release, Israel Cent. Bureau of Stats., Israel in Figures – Rosh Hashanah Selected Annual Data 2019 (Sept. 26, 2019), https://perma.cc/J7ZS-25TR.
- Ruth Levush, Israel: Supreme Court Decision Invalidating the Law on Haredi Military Draft Postponement, Law Library of Congress (updated Mar. 2012), https://perma.cc/9DU8-4R2Y.
- HC 3267/97 Rubinstein v. Minister of Defense, 52(5) PD 481, 491 (1998); English translation available at State of Israel: the Judicial Authority (IJA),https://perma.cc/Z2B4-E5RR.
- Ruth Levush, supra note 12; for a statistical report on the Haredi enlistment, see Jerusalem Inst. on Pol’y Res. & Israel Democracy Inst., Statistical Report on Ultra-Orthodox (Haredi) Society in Israel 2017 (Abstract) 22, fig. 13: Ultra-Orthodox Enlisting in the IDF or Serving in National Service(bar chart), https://perma.cc/3HBV-FQGN; see also addendum to this report, Major Developments Regarding Military Draft and Deferment Exemptions (chart).
- The Deferment of Military Draft for Yeshiva Students Whose Occupation Is the Study of Torah Law, 5762-2002, SH No. 5762 p. 521.
- HC 6427/02 Movement for Quality of Government v. Knesset (Dec. 12, 2005), IJA, https://perma.cc/Z8A2-4HAF.
- HC 6298/07 Resler v. Knesset 63, IJA https://perma.cc/SQ6G-E6AQ, English translation available at https://perma.cc/3NDF-X8DF.
- Defense Service (Amendment No. 19) Law, 5774-2014, SH No. 2441 p. 350.
- Asaf Malchi, The “People’s Army”?, Israel Democracy Inst. (Oct. 16, 2018), https://perma.cc/PH3B-48QH.
- Defense Service (Amendment No. 21) Law, 5776-2015, SH No. 2512 p. 262.
- Malchi, supra note 19.
- HC 1877/14 Movement for Quality Government in Israel v. Knesset, para. 42, IJA, https://perma.cc/M4KD-UTLY.
- Id. para 46.
- Id. para 73.
- Malchi, supra note 19.
- HC 1877/14 verdict.
- Draft Bill for Integration of Yeshiva Students (Defense Service Amendment No. 25), 5778-2018, Hatsaot Hok Hamemshala (Government Bills) HH (Knesset) No. 1238 p. 1005.
- Draft Bill for Integration of Yeshiva Students (Defense Service Amendment No. 25), 5778-2018, https://perma.cc/KJ9N-7ZHK.
- Yohanan Plasner et al., Opinion, Comments and Suggestions for Correction of the Arrangement Proposed by Amendment 25 to the Security Service Law, IDI (July 5, 2018), https://perma.cc/3JCB-ZF8D.
- Yonatan Lis, Lieberman: The Draft Law Is Not a Caprice, This Is the Offer and There Is Nothing More to It, Haaretz (May 28, 2019), https://perma.cc/L4GH-UE6D.
- Toi Staff, Netanyahu’s Ultra-Orthodox Allies Stick Loyally by His Side, Times of Israel (Sept. 22, 2019), https://perma.cc/U9FR-JTJ5.
- Population by Religion and Population Group (Oct. 16, 2019), Cent. Bureau of Stats., https://perma.cc/7E7T-4MMZ.
- Druze, Encyclopedia Britannica, https://perma.cc/E94G-ZVX8.
- Oren Kessler & Ron Almog, Circassians Are Israel’s Other Muslims, Forward (Aug. 20, 2012), https://perma.cc/EX72-D8VL.
- The Druze and the Circassians of Israel, Israel Ministry of Foreign Aff. (Dec. 3, 2015), https://perma.cc/MA3X-7YJZ.
- Liav Orgad, The Arab Minority in Israel and the Defense Service 383 (2006), https://perma.cc/RP8H-424T.
- Defense Service Law [Consolidated Version] § 13; Orgad at 384.
- Orgad at 385.
- Orgad at 389.
- Orgad at 399-401.
- Orgad at 401-404.
- Annual Report 68B, Ministry of Defense: Ministry of Defense Activities to Strengthen the Connection between Youth and IDF and Designated Recruits, State Comptroller’s Office p. 50 (Mar. 14, 2018, in Hebrew), https://perma.cc/5S3Z-7LHY.
- Id. at 51.
- Id.
- Id.
- Id.at 52.
- Jager, supra note 4.
- Annual Report 68B, supra note 42.
- Id.
Last Updated: 12/30/2020
