Israeli Attorney General Gali Baharav-Miara informed the Israeli High Court of Justice on Tuesday that the government’s failure to revoke personal economic benefits from yeshiva students obligated to enlist constitutes a “lapse,” arguing that the lack of sanctions contradicts prior court rulings and harms both the army’s needs and the principle of equality in bearing the burden of service.

In her response to petitions questioning why no sanctions have been imposed on members of the chareidi community who received draft orders but did not report for service, Baharav-Miara wrote: “The government has not formulated a plan to revoke personal economic benefits from those evading service, despite the fact that personal and economic sanctions against draft evaders from the chareidi public have proven effective. This lapse contradicts the High Court’s ruling, harms the needs of the army, and undermines equality in the burden of service.”

At the outset of her submission, the Attorney General emphasized that the respondents recognize their obligation to take effective personal enforcement measures against individuals who were issued draft orders and failed to appear. Such enforcement, she wrote, is necessary to ensure equal application of the draft requirement to the entire public. This includes both criminal proceedings and the development of an effective, equitable, and proportionate government enforcement policy that incorporates complementary economic-civilian measures against evaders, in accordance with the principles established in the relevant High Court ruling.

Baharav-Miara noted that, in recognition of this duty, IDF authorities have for some time been working to enforce the draft requirement on members of the chareidi community through continued implementation of the army’s enlistment plan and increased enforcement efforts. As part of this process, draft appearance orders were gradually issued to all eligible chareidi draft candidates, marking what she described as a milestone enabling equal enforcement. Following the issuance of these orders, the “enlistment chain” began, eventually leading to a significant increase in the number of draft-eligible individuals who completed the summons process, many of whom were later formally designated as draft evaders.

At that stage, she explained, authorities are able to take personal enforcement steps using tools available to the military, including arrests at border crossings and coordinated enforcement and arrest operations in civilian areas, subject to coordination with Israel Police.

According to updated data cited in the filing, implementation of the army’s enforcement plan and what she described as unprecedented outreach efforts have led to an increase in the number of chareidi recruits compared to the corresponding third of the previous recruitment year. Military officials estimate that during the first third of the 2025 recruitment year (July–October 2025), approximately 1,100 chareidi recruits enlisted.

However, the Attorney General stressed that the upward trend remains far from meeting the army’s operational needs or satisfying the value of equality. She therefore underscored the importance of expanding the measures that led to the increase, including strengthening and refining enforcement tools, with particular emphasis on personal enforcement steps.

She further wrote that the government must, without delay, formulate an effective enforcement policy that fully utilizes available tools and economic sanctions, including revocation of personal financial benefits. According to professional officials in the Finance Ministry, such measures are expected to have a particularly significant impact on enlistment numbers. These officials assess that combining enforcement actions with economic sanctions would increase incentives to enlist, enhance deterrence against draft evasion, and lead to further growth in recruitment figures.

In addition, Baharav-Miara stated that, in the view of government professionals, the expectation within the chareidi sector that legislation will be passed effectively granting exemptions from service and canceling criminal and disciplinary proceedings against those declared evaders currently serves as a negative incentive for enlistment. Absent such expectations, she argued, enforcement efforts would likely yield even higher results.

She also highlighted the significance of the IDF Chief of Staff’s July 2025 decision to issue blanket summons orders to all draft-eligible members of the chareidi public and to shorten the time frame for declaring an individual a draft evader.

According to assessments by professional officials in the army and various government ministries, the use of personal sanctions—such as detention and arrest at border crossings—is a vital tool in strengthening the standing army and combating draft evasion. These measures, she wrote, have a substantial deterrent effect and prompt eligible recruits to regularize their status.

She explained that only after a draft-eligible individual is formally declared an evader—following exhaustion of all summons procedures—can authorities initiate proactive enforcement actions or pursue disciplinary or criminal proceedings, depending on the circumstances. With the broad issuance of summons orders and adjustments made to the enlistment process that shortened the timeline to evader designation, those personal sanctions now apply to a larger group of draft-eligible individuals, thereby enhancing the effectiveness of draft enforcement.

{Matzav.com}