Court ruling9/3/2026

High Court of Justice Strikes Down Freeze on Arrests of Yeshiva Students Who Failed to Report for Service

The High Court of Justice granted the petitions against a temporary provision amending the Defense Service Law, which prohibited a series of measures against yeshiva students who failed to report for service. The nine justices unanimously ruled that the legislative process for the amendment was fundamentally flawed.

Key facts

•Court: High Court of Justice, Supreme Court of Israel
•Panel: nine justices
•Ruling on the defect in the legislative process: unanimous
•Finding regarding the infringement of equality: eight justices to one
•The law was approved by the Knesset on July 14; the year is not specified
•Legal basis: Section 85 of the Knesset Rules of Procedure

What the Amendment Stipulated

The amendment prohibited arrests, investigations and other enforcement measures against those defined by law as yeshiva students for draft evasion, desertion or absence without leave. It applied both to those required to report beginning in July 2023 and to persons liable for conscription whose reporting date fell after the law entered into force.

Who Petitioned the Court

The petitions were filed, among others, by the Free Israel Movement, opposition leader Yair Lapid, Yisrael Beiteinu party chairman Avigdor Lieberman, the Movement for Quality Government and the Brothers and Sisters in Arms organization. They argued, among other things, that the final wording differed materially from the original bill, to which the continuity rule had been applied.

Why the Law Was Struck Down

Deputy President of the Supreme Court Noam Sohlberg ruled that the amendment as enacted materially exceeded the scope of the bill approved in its first reading. This contravened Section 85 of the Knesset Rules of Procedure: in effect, the relevant arrangement had not passed a first reading. All nine justices held that the defect was so substantial that it required the law to be struck down.

The Issue of Constitutional Equality

Eight justices also concluded that the amendment severely infringed the core of the constitutional right to equality and did not meet the requirements of the limitation clause. Justice David Mintz disagreed with this additional reasoning but supported striking down the law because of the defect in the legislative process.

The Law Never Took Effect

The Knesset approved the law on July 14, but the very next day Justice Ofer Grosskopf issued an interim order preventing it from taking effect. After the hearing on the petitions, the panel left the freeze in place pending a final ruling. The year in which the law was enacted, the date of the judgment and the case numbers are not specified in the source.

What this means for you

The amendment that was struck down cannot shield yeshiva students from arrest, investigation and other measures solely on the basis of the special status it established. For ordinary citizens, the judgment emphasizes that the Knesset is required to complete every stage of the legislative process and that differences in the application of the service obligation are subject to review from the perspective of constitutional equality.

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