Military Service and Alternative Service in Israel Considering the Principle of Equality

This research focuses on the principle of equality and its impact on the model of military service in Israel. Our goal is to ascertain the "normative boundaries" set by the principle of equality in light of attempts by decision makers to shape a new military service model and possible alternatives for the conscription of ultra-Orthodox men in Israel. Due to the centrality of the principle of equality in the discourse on conscription, the legitimacy and legal stability of any future regulatory arrangement will necessarily be examined through a normative lens which evaluates the arrangement’s alignment with the principle of equality, particularly in terms of its ability to reduce existing inequalities.

The research begins with a description of the development of the different regulatory arrangements that delt with the conscription of ultra-Orthodox men in Israel, through the lens of the principle of equality, as reflected in court rulings. Subsequently, existing relevant proposals for regulatory arrangements on the future conscription model of Haredi men are examined. The main focus of this review is to evaluate the normative challenges found in the various conscription proposals due to the differential treatment offered to different populations in Israel, as was identified in Supreme Court rulings.

Additionally, the research includes a comparative analysis examining how other countries with mandatory conscription cope with normative challenges arising from the application of the principle of equality. More specifically, this analysis examines how the principle of equality shaped alternative routes to military service.

Finally, the research identifies normative indicators that should guide decision makers in their efforts to create a new model for military conscription and alternative service in Israel.