High Court Petition Demands Draft Sanctions Be Applied to Arab Israelis as Well as Chareidim
A new petition filed with Israel’s High Court of Justice is demanding that the government apply the same registration requirements and economic sanctions imposed on Chareidim who fail to report to IDF recruitment offices to Arab Israelis and other minorities whom the petitioners contend are subject to the same legal obligation.
The petition was filed Monday by the Emet L’Yaakov B’Yisrael organization through attorney Yehuda Abeles. The group argues that enforcement measures related to failure to report for the draft are currently being applied selectively, with Chareidim facing potentially significant consequences while similar measures are not imposed on members of the Arab population and other minority groups who do not appear at recruitment offices.
At the heart of the petition is the argument that the legal obligation to report does not necessarily depend on an individual receiving a personal draft notice. According to the petitioners, publication of a “general call-up order” in Israel’s official records creates an obligation for anyone of the relevant age who has not received an exemption to present himself to military authorities, even if he never received an individual summons at his home.
Based on that interpretation, the petition asks the state to classify all individuals who fail to report under the general order with what is known as “Order 12 status,” or an equivalent administrative designation.
The petitioners contend that the current system constitutes unequal enforcement. Since the expiration of the legal framework that previously allowed yeshiva students to defer military service, various financial and civil restrictions have been imposed or advanced against Chareidi men considered obligated to enlist. Arab Israelis and members of other minority populations who do not report to recruitment offices, the petition argues, are generally not classified as draft evaders and therefore do not face comparable consequences.
The petition further argues that even someone who believes he will ultimately qualify for an exemption cannot independently decide that he does not need to appear at a recruitment office. According to the petitioners, the initial obligation is to report to the appropriate military authorities, after which the state can determine whether the individual qualifies for a medical, religious or other exemption.
The organization stresses that it is not asking the High Court to change Israel’s overall military recruitment policy or to require additional populations to actually serve in the IDF. Instead, the petition focuses on the requirement to appear at recruitment offices and the administrative consequences for those who fail to do so.
According to the petitioners, if the government considers failure to report sufficient grounds for stripping individuals of rights or government benefits, those rules must be enforced equally against everyone whom they contend is subject to the same legal obligation.
Among the sanctions the petitioners want applied equally are the loss of eligibility for municipal property-tax discounts, daycare subsidies, public transportation benefits and government housing programs such as “Target Price.” Similar restrictions affecting Chareidi men subject to the draft have been at the center of several legal proceedings in recent years.
Emet L’Yaakov has previously petitioned the High Court over daycare benefits. A petition filed by the organization in 2025 concerning priority in daycare registration was dismissed on procedural grounds because of delay in filing and the absence of a specific petitioner directly affected by the policy. The court did not rule on the merits of the organization’s broader legal arguments.
Following the filing of the new petition, Emet L’Yaakov said: “There cannot be a situation in which the law is enforced selectively and discriminatorily. If the judicial system and the state determine that failure to report under a general call-up order results in economic sanctions and classification as a draft evader, this rule must apply universally and equally to every citizen of the State of Israel who reaches draft age, without distinction based on religion, nationality or sector. One law for everyone.”
The petition must now clear the High Court’s initial procedural and legal hurdles. At this stage, the claims regarding Arab Israelis and other minorities represent the petitioners’ interpretation of the law, and the court has not ruled that those populations are legally subject to the reporting requirements or sanctions in the manner asserted by the organization.
{Matzav.com}
