High Court of Justice 41953-07-26 Free Israel v. Knesset

High Court of Justice 41953-07-26

High Court of Justice 42737-07-26
High Court of Justice 42842-07-26
High Court of Justice 43095-07-26

High Court of Justice 48513-07-26

Judgment

Vice President Noam Sohlberg:

The issue of the enlistment of yeshiva students is long-standing, painful, and burdensome.  This time, we are required to branch out specifically into it: the question of the constitutionality of Amendment No. 28 toDefense Service Law [Consolidated Version], 5746-1986 (hereinafter, respectively: The Correction andDefense Service Law or The Law), which added to the law the Chapter 31, titled "Freezing arrest, interrogation or enforcement proceedings against a person designated for security service who is a yeshiva student - Temporary Order".

Amendment Provisions

1. These are the main points of the arrangement on the agenda:

The first section of the amendment, Section 26B of the law, which is defined as the purpose clause, states that "In recognition of the importance of Torah study, a special arrangement was hereunder, by temporary order, for the suspension of the detention of yeshiva students whose Torah is their art.".  The amendment applies only to "yeshiva students, " when it defines "Yeshiva student", essentially, as someone who"I study Torah studies in the yeshiva, on a regular basis, in a scope of no less than 45 hours per week, and in a kollel - Not less than 40 hours a week"; Does not deal "In any occupation in addition to his studies in the yeshiva"; declares in writing that these conditions are met; and the Rosh Yeshiva, or "A rabbi from one of the rabbis of the yeshiva" in which he studies he has declared in writing that he meets the first condition above (Sections 26D-26E to the law).

Section 26G The law is the operative clause at the core of the amendment.  It states as follows:

"No arrest, investigation or enforcement proceedings shall be taken for offenses under section 46 or under sections 92 or 94 of the Military Justice Law, 5715-1955, with respect to all of the following:

• is intended for a security service whose date of reporting for security service falls in the period between the 12th of Tammuz 5783 (July 1,2023) and the day preceding the date of the commencement of the Temporary Order, and has declared that it meets the condition in section 26D(1);
• is intended for a security service whose date of reporting for security service falls from the date of the commencement of the Temporary Order, and has declared that from that date the conditions in section 26D(1) and (2) are met."

In other words, arrest, investigation, or enforcement proceedings for evasion of enlistment, desertion or absence from service without permission shall not be taken against those who are subject to the amendment defines as a 'yeshiva student', when This provision applies both retroactively to a person whose date of reporting for service applied prior to the enactment of the amendment (as of July 1,2023, when Chapter C1 (previous) of the Law, which in the past regulated the issue of conscription of yeshiva students, and was invalidated in a High Court of Justice case 1877/14 The Movement for Quality Government in Israel v.  The Knesset [Nevo] (September 12,2017) (hereinafter: High Court of Justice 1877/14)); They are looking to the future, with respect to a candidate for security service whose date of reporting for service falls after the enactment of the amendment.