(b) The right of a female veteran to perform any role shall not be considered infringement, if this is required by the nature and nature of the position.
(c) The law of a veteran of the army, who serves according to her volunteers, in one of the positions determined by the Minister of Defense with the approval of the Foreign Affairs and Defense Committee of the Knesset, is the same as the law of a male veteran."
For the sake of clarity, I will note that the terminology "veteran" is defined as follows In the section 1 To the law: "An Israeli citizen or permanent resident who is eighteen years old and has not yet received an exemption from security service due to age under section 36A".
- In the explanatory notes to the bill, it was noted that "there is currently no legal source by virtue of which it is possible to limit in any way the scope of the roles that a woman in regular service can fill. Despite this fact, the military's policy is not to allow women to be placed in various professions within the army. The proposed amendment to the law [...] is intended to open up additional professions for women, as is customary in other armies in the West, such as the United States, Canada, and the Netherlands" (Defense Service Bill (Amendment No. 11) (Women's Service), 5759-1999, H.H. 2800, 368). In the framework of the presentation of the law to the Knesset plenum, it was emphasized, inter alia, that the amendment follows the ruling of the High Court of Justice in the Miller case; that the bill explicitly establishes equal opportunities for women to be assigned to all positions in the IDF, including combat roles, based solely on qualifications; that according to the bill, a woman who is assigned to combat duty also assumes the same duties as a male soldier (for example, with regard to the duration of regular service, reserve service, etc.); and that the bill was formulated in agreement with the relevant IDF authorities, and was adopted by a unanimous vote of the members of the Knesset's Foreign Affairs and Defense Committee (see, for example: Minutes of Session 223 of the 14th Knesset, 159, 162 (July 1, 1998); Minutes of Session 281 of the 14th Knesset, 161-159 (26.1.1999); Minutes of Session 66 of the 15th Knesset, 191 (January 3, 2000)).
- The second amendment relevant to our case is Amendment No. 2 to the Women's Equal Rights Law. In the framework of this amendment, section 6D of the Law, under the heading "Service in the Security Forces", stipulates that "every woman who is a candidate for service in the security forces, or who serves in them, has the equal right to the right of a man to fulfill any position, or to be assigned to any position; This right will not be considered a violation if it is required by the nature or nature of the position." In the explanatory notes attached to the bill, it was noted as follows:
"Section 6D proposes to establish that with regard to the fulfillment of positions or placement in positions within the security forces, the woman's right will be equal to the man's, unless it is not possible to grant an equal right due to the nature or nature of the position or service in that position. Like some of the other sections of the proposed law, this section does not create new rights for men, but rather equates women's rights with those of men, to the extent that these rights exist by law" ( Women's Equal Rights (Amendment No. 2), 5759-1999, H.H. 2801, 371, 374).
- The clear provisions of the two amendments, as well as their explicit purpose, unequivocally indicate that the legislature sought to establish, as a 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; this was accompanied by an exception that allows women to be prevented from serving in certain positions, where this is required "by the nature and nature of the position."
- Thus, as I had the opportunity to point out in the matter of the Women's Lobby, in the context of a rather similar doctrinal development, "Legislation and halakha went hand in hand and guided us the way" (ibid., para. 24). Indeed, since those amendments there has been a marked change; gradual, but certainly significant. This change has led to the fact that, in practice, even before the petitions were filed, the number of combat roles open to women, as well as the percentage of women serving in combat roles, has been steadily increasing. Thus, for example, as noted above, the share of women in the total combat force in the IDF increased from 3% in 2012 to 17% in 2020 (for additional data, see also: Idit Shafran Gittelman, "Women's Service in the IDF: Between the People's Army and Gender Equality," Israel Democracy Institute (2018)). This constitutes significant progress towards the realization of the goal that the legislature sought to achieve - equal opportunities between men and women in all matters relating to service in the IDF.
- At the same time, there are still quite a few combat roles that women cannot be assigned to, and in any case not to serve, with an emphasis on special units (which are the ones that were the focus of the petitions), infantry, and armor. In the petitions before us, the Petitioners, as detailed above, sought to take the 'additional step' towards this goal as well.
The Third Turning Point - The Petitions in Question
- Already at the beginning of the decision, there is room to comment on the changes that have taken place in the IDF's policy throughout the process. At the time of the filing of the petitions, approximately six years ago, women could not be classified and serve in the combat units defined as 'special units'; They were not allowed, in any configuration, to serve in combat roles in the armored and infantry. As described above, from then until today - there has been a very significant change. Women are being sorted out and served, in practice, in combat roles in several special units, while the number of female fighters in these units is gradually and steadily increasing. In addition, women serve as armored fighters, for all intents and purposes, in the Border Protection Corps (while experimentation with maneuvering armor is also expected); An experiment was even conducted to integrate them into the infantry mobility track (another trial is expected to be launched). In addition, the IDF routinely conducts designated patrol days for women. To this must also be added the fighting of women in the framework of war, on land, in the air, and at sea, including on the front lines of intense warfare (for more on women's combat in the recent war, see, for example, Elisheva Rossman-Stallman and Itamar Rakover, "Women in Combat Roles: The Impact of Iron Sword War on the Integration of Women in Combat," Between the Poles 44 (2025)).
- The trend is therefore sharp and clear: the number of women enlisting in combat roles, the share of women among the entire combat division in the IDF, and the percentage of positions open to women are all on a consistent upward trend. These are dramatic changes; They should not be taken lightly. Moreover, it has been emphasized time and time again, by three different chiefs of staff, that they see this issue as of the utmost importance, which has also led them to deviate from the recommendations of the professional staff and add to them.
- In this sense, I am of the opinion that the dispute that still remains in the framework of the present petition - which, in any case, is limited at this stage - is mainly applicable; on the fundamental level, it seems that there is no dispute as to the content of the provisions of the law, and the duties they impose on the IDF, to act as much as possible to realize equality in service between men and women. From all of the above, we learn that we are in the midst of a third turning point, in which the IDF is working to significantly expand the scope of positions open to women, while examining all combat roles, and making gradual progress towards the realization of the duty imposed upon it by the legislature - equal opportunities between men and women, to the extent possible.
The Law of Petitions at the Present Point in Time
- This last point leads to the conclusion that at this time the petitions have exhausted themselves, and there is no reason to issue an operative order on them, or to leave them standing. As noted above, on September 21, 2023, a decision was given in the petitions in question, according to which: "Given the series of new steps for the integration of women in combat roles in the IDF, which were noted in the reply affidavit, the petitioners will announce by September 28, 2023 whether they stand by their petitions" (President Hayut and Justices Baron andRonen). Thus, already at that time, the court expressed a prima facie position that in view of the actions and changes carried out by the IDF, the petitions in their current form had exhausted themselves. Since then, more than two and a half years have passed, during which additional steps have been taken to promote the integration of women into combat roles in the IDF, as detailed above. Therefore, and for the reasons that I will detail below, I am of the opinion that the time is ripe for the conclusion of the present litigation.
- In this context, I will first note that since the petitions were filed, the factual basis on which they are based has changed significantly, several times. However, following the first change - following the Chief of Staff's decisions regarding the recommendations of the professional staff - an amended petition was filed. However, since then, there have been three other significant changes: additional staff work was carried out in the IDF, following which new decisions were made on the issue, with an emphasis on the decision to focus on special units first, to operate in the experience model, and to expand the experiences in the special units. Subsequently, after the orders nisi were issued, additional new decisions were made, as detailed above, with an emphasis on opening experiments in infantry mobility, maneuvering armor, and Sayeret Matkal. Finally, following women's participation in combat during the war, the IDF is conducting an in-depth investigation, following which additional new decisions are expected to be made. The changes that have occurred in the factual basis are so substantial that, in accordance with the rulings of this Court, it is clear that there is no longer room to further clarify additional issues that arise in the framework of those petitions (see, for example: High Court of Justice 1793/03 Drori v. Israel Lands Council, para. 6 [Nevo] (November 30, 2005); High Court of Justice 6940/22 EAL - Medical Interns Association v. Ministry of Finance, para. 23 [Nevo] (August 8, 2023)).
- In addition, the current state of affairs provides a solution to two of the heads of the order conditionally:
(-) "Why shouldn't women be included, as part of an experiment, in a mobility or mortar platoon in one of the maneuvering infantry brigades?" - This question has been addressed, since an experiment has already begun involving women in the profession of infantry mobility. Although this experiment was not carried out in one of the maneuvering infantry brigades, as stated in an order nisi, it took place in a mobility unit operating "Subordinate to one of the IDF's maneuvering brigades, which is subordinate to a special division". In addition, although the experiment was ultimately unsuccessful, the Chief of Staff instructed that The opening of another experiment in 2026 for combat in the infantry professions, In accordance with the lessons learned, and in accordance with the examination of the establishment of mobility departments in a different configuration than the one tried, which attests to the IDF's commitment, as well as its willingness to act on this head of the order conditionally.