Conclusion
- In summary: On the level of principle, it seems that there is no longer a dispute. The legislature imposed on the IDF a duty to maintain, as much as possible, equal opportunities between the sexes in assignment to positions in general, including combat roles. The starting point, therefore, is the opening of all the positions to women, unless - and the burden of establishing this is on the respondents - this is 'necessitated by the nature and nature of the position'.
- Indeed, at the time of filing the petitions, there was a clear gap between this obligation and the actual policy of the IDF (although there is no denying that even at that time, there was considerable progress in IDF policy with respect to the state of affairs that prevailed prior to the legislative amendments of 2000). However, since the petitions were filed, there has been a significant change; The IDF is acting consistently and seriously, out of considerable commitment, and is gradually moving toward the full realization of its legal obligation. It is presumed that he will continue with the aforementioned trend, while constantly balancing all the relevant considerations on the agenda, and meticulously maintaining optimal operational readiness, in accordance with the needs of the army. Thus, even though there is still work to be done, and there is still no congratulation on the finished, I am of the opinion that in view of the fact that the very obligation to fulfill the provisions of the order nisi is valid and exists, also agreed upon - and taking into account the weighty security considerations that underlie the decisions of the Chief of Staff regarding the date of the obligation, which derive mainly from the constraints of the war, there is no justification for us to issue an operative order before us. This is the case in general, and in particular with regard to the date of the opening of the experiment in the maneuvering armor (the practical meaning of which would be, at most, the opening of the experiment by a few months).
- On the margins of the matter, but not on the margins of their importance, we can only express our gratitude and deep appreciation to all those young men and women who wish to bear the burden, to come to the aid of Israel "from the hand of trouble that has befallen them" (Mishneh Torah, Laws of Kings and Wars 5:1), and to make every effort to contribute in the best possible way to the security of the state, while investing tremendous efforts and risking real lives. All this, out of a deep sense of social responsibility and mutual responsibility. May the blessing come upon them and upon them.
- This is true at all times, but it is all the more beautiful these days, when the country is in a damned, long, and extremely difficult war; and given the pressing security need, and the severe shortage of fighters, with its many and severe consequences (see above, paragraph 41). In these circumstances, in which, as stated, "there is not only an issue of equality, but a real security need" (HCJ 5819/24, para. 35 [Nevo]), the great contribution of those young women who wish to bear the burden and serve in combat roles, as well as the appreciation they deserve, is only sharpened.
- Therefore, in accordance with the aforesaid rule, and since the petitions in question have been exhausted, in their current form, I will suggest to my colleague that we order the deletion of the petitions. I would also suggest to my colleague that in view of the duration and scope of the proceeding, and in view of the fact that the petitions led to a significant change in IDF policy, we will charge the state's respondents with expenses in the sum of ILS 40,000 in favor of the petitioners.
- Prior to signing, the opinions of my friends were presented to me, who believe that a definitive order should be ordered, which will oblige the IDF to begin testing the maneuvering armor in November (the date on which the Chief of Staff decided that the experiment would begin). However, in my own opinion, I am of the opinion that it is not the way of this court to issue orders instructing the authorities to do what they themselves declare to do. But in any event, since the disagreement between us is quite limited, I wanted to emphasize what is agreed: my colleagues and I are unanimous as to the explicit legal duty imposed on the IDF to uphold, as far as possible, equal opportunities between the sexes in assignment to combat roles; As to the IDF's obligation to continue to act in order to realize the aforementioned purpose; As to the fact that the burden of proving that a certain 'nature and nature of a position' requires that women not serve in it rests with the respondents, and it is required to establish it through relevant experiences; and that women who wish to serve in combat roles deserve all appreciation. It seems to me that this is the main thing.