Discussion and Decision
- At the outset, 4 comments. First, a review of the pleadings submitted throughout the proceeding shows that the last time counsel for the petitioners mentioned the specific matter of the petitioners explicitly and in detail was at the time of the filing of the amended petition, i.e., on December 22, 2022. It can only be concluded that these arguments, on the individual level, have become redundant up the road (this, of course, is expected and necessary, given the length of time that the petitions in question are pending). However, I will note that from the various responses submitted by the respondents, it can be learned that all of the petitioners have performed (and some of them are still performing) very significant service in the IDF, each in its own field, and for this - as well as the strong desire to continue and contribute, even in ways that have not yet been paved - they are appreciated and appreciated. In any event, at this stage, we have before us only the fundamental issue that arose in the petitions.
- Second, before we dive into the depths of the discussion, it is important to frame it in the appropriate context. In this regard, the words I noted not long ago, in the course of a hearing on a petition that dealt with the obligation to appoint female directors general of government ministries, are relevant: "In the present proceeding, the petitioners did not base their arguments on abstract and general norms relating to the principle of equality; We are therefore not dealing with the right to equality in the constitutional sense, nor with the principle of equality in the administrative sense [...]. The heart of the arguments lies in the interpretation and implementation of explicit legal provisions; and nothing more than [...]. Let us remember, therefore, along the way, that we are walking on legislated, safe and solid ground" (High Court of Justice 1363/23 Women's Lobby in Israel v. The Government, para. 17 [Nevo] (February 24, 2025); hereinafter: the issue of the Women's Lobby). Indeed, as I will clarify below, in our case as well, the provisions of the Law, as well as their purpose, show that the legislature sought to establish, as a clear starting point, equality between men and women in all matters relating to service in the IDF, so that women could serve in any position, including combat roles (except in exceptional cases).
- Third, and also in order for the matter to be understood in the correct context, as I noted above, the petitions emphasized that the petitioners are not asking for 'leniencies' or adjustments in the selection procedures, but rather an equal option to be assigned to the units on the agenda, and to the extent that they are found suitable - to integrate into them within the framework of their service, while complying with all the relevant operational standards. The Petitioners reiterated this point consistently throughout the proceeding; for example, in their response on December 9, 2025, it was noted that "the Petitioners demand the possibility of being selected within the framework of the days of the reconnaissance and formations that already exist and are fixed as conditions for admission to the elite units," while emphasizing that even according to the Petitioners, those who do not meet the required threshold will be "rejected." Therefore, the hearing of the petitions before us relates to the possibility of women being selected and serve in the relevant units in accordance with the existing standards; and does not deal with changing the required professional standard, both at the selection stage, at the training stage, and at the operational service stage.
- Fourth, we were recently informed, in the framework of another petition, which dealt with the recruitment of members of the ultra-Orthodox public, that "according to the current needs of the army, about 12,000 additional soldiers are required for compulsory service, with more than half of them for combat roles" (HCJ 5819/24 The Movement for Quality Government v. Minister of Defense, para. 35 [Nevo] (November 19, 2025) (hereinafter: HCJ 5819/24)). This shortage of fighters has very significant implications, which are reflected throughout the war, inter alia, "in the extraordinary scope of reserve mobilization; by raising the age of exemption from reserve service [...]; and by promoting the enlistment of students from Hesder yeshivot, pre-military preparatory programs, and those who perform years of service" (ibid.). In these circumstances, it is important to remember that when it comes to the issue of female combat recruitment, the issue is not only an issue of equality, but a real security need.
- The order of the hearing will be as follows: I will begin with a description of the normative background relevant to the case of Dadan. In the meantime, I will identify three major turning points that occurred with regard to the recruitment of women to combat roles, with the petitions in question, and the changes that took place during and in their aftermath, being the third turning point. I will then explain why, at this stage, the petitions have exhausted themselves, and there is no longer room to leave them standing, while noting the dramatic change in IDF policy since the petitions were filed. Finally, I will address some of the main arguments raised by the parties throughout the proceeding.
Recruiting Women for Combat Roles
- The Defense Service Law, which was enacted in 1986, did not distinguish between men and women in its original wording regarding the nature of the roles that could be assigned to them. However, such a distinction could be found in the past in a Supreme Command directive that regulated the service of female soldiers, and according to which the military authorities guided themselves. This provision provides as follows:
- Female soldiers in the IDF will be employed in all military professions that are defined in the list of military professions (Chief of Staff) as professions in which women can be placed, with the exception of those professions in the field of combat division, taking into account their data, abilities and special conditions of service for them as women.
- A female soldier may volunteer for positions that deviate from the framework of the definition in section 4 above after she signs an appropriate declaration of volunteering, and her volunteering for the position will be approved by the Chief Staff Officer and the Head of the Staff Unit.
Thus, the rule was that women could not be assigned to combat roles; This, along with an exception in which women were allowed to volunteer for such a position, is subject to the approval of the most senior ranks in the IDF. This was therefore the starting point; After that, you can Detect 3 Turning points Highlights, about which I will detail below: The well-known judgment in the matter Alice Miller; Amendments to the Defense Service Law and the Law Women's Equal Rights; and the decisions that have been made since the petitions were filed.