Attorney General Gali Baharav-Miara has asked Israel’s High Court of Justice to strike down the recently enacted law preventing the arrest of yeshiva bochurim for failing to report for military service, arguing that the legislation is unconstitutional, violates equality, and undermines Israel’s security needs.

In the state’s formal response to petitions challenging the law, submitted Friday, Baharav-Miara argued that although the legislation was presented as a temporary measure until a broader draft law is enacted, it effectively grants yeshiva students immunity from criminal enforcement.

According to the Attorney General, the law creates a “group immunity mechanism” that prevents law enforcement authorities from taking action against draft evaders and deserters who are yeshiva students, while all other draft-eligible Israelis remain subject to enforcement.

The filing describes the legislation as a severe violation of the constitutional principle of equality.

The Attorney General further argued that the law places a greater burden on those already serving in the IDF at a time when Israel faces significant security challenges and needs to expand the pool of military recruits.

According to the state’s filing, IDF officials warned lawmakers during the legislative process that the law would encourage noncompliance with military service requirements, undermine efforts to increase enlistment from the Chareidi community, and conflict with the army’s operational needs.

The Attorney General also argued that the law results in selective enforcement by exempting one category of draft-eligible citizens from criminal penalties while leaving all others subject to the same legal obligations.

In addition to criticizing the substance of the law, the state contended that significant procedural flaws occurred during its passage through the Knesset.

The filing states that the legislation is “so discriminatory, contrary to Israel’s security needs, and contrary to the public interest” that “its unconstitutionality speaks for itself.”

The Attorney General concluded by asking the High Court to invalidate the law, stating that “this law has no constitutional validity” and should be struck down.

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