In video: Paratroopers, Givati and the Air Force: about 200 ultra-Orthodox enlisted in the IDF/Reuven Castro
In the endless battle over the question of the limits of the Supreme Court's powers, even the activist-liberal camp did not highlight in recent years the multitude of rulings of the High Court regarding the recruitment of ultra-Orthodox. The feeling that gradually took hold in this camp was that these rulings are not the flag that should be highlighted, and among them is a part of India Maybe in this story, the High Court went one step too far.
One of the arguments that was heard was that even if the principle is justified, if the High Court of Justice did not create a different reality anyway, then it failed anyway and therefore there was no point in its
rulings anyway. All the alternative models created after the High Court's rulings resulted in negligible increases in ultra-Orthodox recruitment, which certainly did not come close to correcting the The glaring inequality in the burden of military service.
Therefore, over the years, the opposition parties also pretty much abandoned this flag, also due to the thought that someday they will need the ultra-Orthodox parties, but mostly because it seems to them a lost battle, and in any case the army also broadcasts that it is not urgent, that it doesn't really need the ultra-Orthodox in the field units.
Even the protest organizations, with the exception of a few crazy talkers, got quite tired, and so it happened that an issue that once swept mass protests and well-publicized hunger strikes, became troublesome and unattractive.
The general vibe was - let them stay in yeshiva, they don't interest us.
Tel Hashomer Recruitment Bureau August 29, 2018/Reuven Castro
The truth is that the change began shortly before the seventh of October.
In an almost prophetic manner, some of the protest organizations, led by "Brothers in Arms" and "Mothers in Front", brought the issue back to the agenda.
This move was not popular among a large part of the demonstrators against the regime revolution and it seemed to them like a mixing of sexes that they did not like.
I admit that this also seems a bit of an artificial connection. Today I understand that I was wrong and they were right. The context that was explained then focused on the violation of the contract - there is a group that fights and risks its life for certain values written in the Declaration of Independence of the State of Israel. One day, the government changes the values these, and at the same time asks everyone to continue fighting. It's not this one either, the same government consists in large part of politicians who make sure that their voters do not bear the same burden of fighting. Today it is clear how much sense and justice there was in the connection between these two protests.
The events of Shiva in October finally brought back the issue of Equality in the burden. That "burden" suddenly now received faces and names every morning in the "publication permission" notices. Every morning we were all informed about the fall of young soldiers and military men with families from Judea and Samaria, from the kibbutzim, from Tel Aviv, Jerusalem, Haifa, Beer Sheva and Dimona, almost From every Jewish (and of course Druze, or Bedouin serving in the IDF) point on the map of the Land of Israel.
Any Jewish point that is not an ultra-orthodox settlement point.
This inequality turned everyone's stomach, probably also large parts of the ultra-Orthodox population.
The point is that the ultra-Orthodox population is not the one who decides its fate, but only its rabbis.
Yesterday, the state asked the High Court, for the fifth time since August, to receive an adjournment to provide an answer regarding the conscription law. The request submitted by the High Courts Department at the Prosecutor's Office states that "the complex issue at hand is still in discussion between the most senior state and government officials, and positions have not yet been conveyed finality on a number of issues that require a decision, without which the state's position cannot be finally formulated for the purpose of completing the preparation of the response."
All this, to the outrage, against the backdrop of the Ministry of Defense's bill to increase the burden on the servants, to extend the mandatory service and the annual reserve service, as well as to extend the service period of the soldiers in the reserve until the age of 46. Today it is absolutely clear that if this situation is indeed settled, on the one hand The exemption for the ultra-Orthodox from military service will be enacted and on the other hand the burden will be lifted on those who do serve, the country will burn.
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Reserve soldiers at the Gaza border/Flash 90, Yonatan Zindel
The question being asked is whether the High Court will intervene this time as well. The history of the High Court and the issue of recruiting the ultra-Orthodox is long.
In 1998, the High Court of Justice ruled for the first time that the "Torah and Art" arrangement was illegal. Following this ruling, a committee headed by retired Supreme Court judge Zvi Tal was formed, which drafted a law that was adopted in July 2002. The basis of the law was the principle that at the age of 22, each calf would receive a decision year in which will be able to choose whether to continue studying or go to work, and whoever chooses to work will be able to choose between abbreviated military service and a year's civilian service. The law has completely failed in terms of recruitment data, and the number of recipients of the exemption has only increased.
Thus, in February 2012, the High Court of Justice ruled that the Tal Law contradicts the Law Basis: human dignity and freedom, therefore the Knesset will not be able to return and extend it.
The Tal Law was replaced in 2014 by the Shaked Law (the law led by MK Ayelet Shaked), a law that included criminal sanctions for evaders. The sanctions section flew from the number of laws with the re-entry of the ultra-orthodox parties into the coalition. This was the stage when the High Court again entered the picture and in September 2017 invalidated Also this evasion law.
Since then, following the multiple election systems and the political instability, the state has repeatedly asked for a postponement.
As of last August, the law is no longer in effect.
In a week and a half, the High Court of Justice will convene again to discuss the question of conscription of the ultra-Orthodox. This time, as long as there is no alternative law that regulates their non-conscription, the High Court of Justice will deal with the question of enforcing the existing situation, that is, the situation in which every 18-year-old citizen must enlist in the IDF, including yeshiva students. Since we have lost our innocence, it is clear that the government will soon inform the High Court of its intention to promote a new legislative outline, this with the hope of buying time, and with the assumption that the High Court will always prefer a legislative solution to a judicial solution.
Again at the door of the High Court of Justice/Reuven Castro
Let's start from the assumption that the High Court will allow a certain period of time to reach an agreed legislative arrangement regarding the recruitment of ultra-Orthodox (which is not certain). After the legislation the question will be asked again, will the High Court be correct to intervene again, as in the past, in legislation that will not require the ultra-Orthodox to bear any burden, either in military service or in civil service.
The answer to this question is complex: on the one hand, the war in Gaza sharpened the feeling of inequality among all sections of the people;
Even in Likud, tiny buds of raising a voice have begun.
Although the voice is weak and unconvincing for the time being, it is nevertheless heard.
The Chief of Staff in his last statement to the press spoke clearly about the importance of all sections of the people bearing the burden. These are things that have not been said to this day by any Chief of Staff.
In light of this and in light of the large protest that will arise, it is clear that if the High Court of Justice wishes to intervene in an unequal law that would regulate non-conscription, it seems that the ruling will receive support from a very broad position in the public. , and certainly not the 1998 composition. He is significantly less activist, and this is after a traumatic year in which he experienced a severe attack against him.
On the other hand, this time the petitioners will not have to make an effort to bring to the High Court complicated statistics and recruitment curves, but simply illustrate the burden in the most painful way that exists in Israeli society .
The timing of the expiration of the conscription law turned out to be very bad for the ultra-orthodox parties, but also very significant for the High Court of Justice. However conservative the panel of judges that will be tasked with dealing with the explosive issue, there is no way that can explain this unbearable gap between families who do not sleep at night while their loved ones are in the Strip Gaza, and families whose loved ones are not required to make any civic contribution to the society they live in. This is not just a value discussion, this is a legal discussion that deals with one of the core principles of a democratic society - the value of equality.
So just before we enter another round of fighting between the authorities, maybe, just maybe , the heads of the coalition, led by the Prime Minister, will suddenly come to their senses, and realize that the time has come to stop the evasion, that they are tired of the sociological brainstorming that the ultra-Orthodox are different and that it is necessary to understand, etc., that there is no more patience for this digging in a society that pays such a high blood price every day, that there is no moral justification for exemption this.
The moment has come when the authorities, the legislature and the executive, have to make a brave decision;
Don't roll her over to the judiciary again, and then whine about her interference again.
More on the same topic:
The conscription law
Haredim recruitment
High Court