Israel: Military service, including age of recruitment, length of service, grounds for exemption, and availability of alternative service (March 2009-January 2013)
1. Requirement for Military Service
The website of the Ministry of Foreign Affairs of Israel indicates that the Defense Service Law (Consolidated Version) 5747 of 1986 governs military service in the country (Israel n.d.a). The law, which is attached to this Response, indicates that military service applies to both men and women, whether they are Israeli citizens or permanent residents (ibid. 1986, Art. 1). The Ministry of Foreign Affairs website indicates similarly that military service is compulsory for all citizens of Israel, whether living in Israel or abroad, "even if they have another citizenship, and even if they live permanently abroad," and all permanent residents of Israel, even if not Israeli citizens (ibid. n.d.a). The fifth edition of Military Service, published in 2011 by the Ministry of Immigrant Absorption, indicates that new immigrants are also subject to the requirement for military service, one year after arrival in Israel (ibid. 2011, 7).
2. Age of Recruitment
The Ministry of Foreign Affairs website indicates that every citizen and permanent resident is "obliged … to establish his status with the Israel Defense Forces" (IDF) upon reaching the age of 16 (ibid. n.d.a). The Defense Service Law says that a 17-year-old may be called for medical examination "for the purpose of determining his fitness for defense service" (ibid. 1986, Art. 8).
The Defense Service Law also indicates that men are "of military age" between 18 and 54 years of age, and women between 18 and 38 years of age (ibid., Art. 1). Any person, male or female, who has not reported for service will remain as "designated for defense service" between 18 and 54 years of age (ibid.).
3. Length of Service
The Defense Service Law stipulates the length of required service for men and women (ibid., Art. 15, 16).
The US Central Intelligence Agency's (CIA) World Factbook section on Israel indicates that the conscripted-service obligation is 36 months for enlisted men, 21 months for enlisted women, and 48 months for officers (US 29 Jan. 2013).
Military Service indicates the following military-service requirements for immigrants who arrived in Israel after 1 July 2006:
| to age 18 |
– |
36 months |
36 months |
| 18-19 |
31-97 |
30 months |
18 months |
| 20-21 |
31-97 |
24 months |
6 months |
| 22-25 |
65-97 |
6 months |
6 months |
| 22-25 |
31-64 |
*Reserves |
*Reserves |
| 26-29 |
31-97 |
*Reserves |
*Reserves |
| 30 and up |
Exempt |
Exempt |
Exempt |
(Israel 2011, 8)
| to age 20 |
24 months |
Exempt |
| 20 and over |
30 months |
Exempt |
(ibid., 9)
Information on the determination of health profiles could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
3.1 Reserves
An article in the Global Legal Monitor, an online publication of the US Law Library of Congress (US n.d.), indicates the following regarding the regulation of military reserve service in Israel:
On April 2, 2008, the Knesset (Israel's Parliament) passed a law that defines the structure of the Israel Defense Forces (IDF) reserve force and its capability and objectives. The law provides the framework for a call for reserve service and the rights and duties of reserve soldiers. The law declares that the reserves are an inseparable part of IDF and constitute a central pillar on which IDF relies for purposes of State security. According to the law, a soldier may be called to reserve service for specific objectives, including training for a state of emergency, organization of manpower and discipline, operational tasks, and, in the absence of an alternative, for service in jobs and professions determined by a decree. The law further regulates the duration of service in the reserves. Accordingly, in a period of three consecutive years, officers may serve up to 84 days; non-officers who serve in supervisory roles, up to 70 days; and others, up to 54 days. These periods may be extended in a period of emergency or in other special situations, as determined by a government decision. The law further authorizes the Minister of Defense, in consultation with the Minister of Foreign Affairs, to determine a list of countries into which the entry of reserve soldiers is prohibited, limited, or conditional.
According to the explanatory notes of the bill, the law constitutes a major change in the constitution of the reserve force and reserve service. It reflects the situation in which only part of formerly drafted soldiers serve in the reserves, while guaranteeing them adequate pay and limiting the tasks for which they can be called up for service to situations that are absolutely necessary. (Reserve Service Law and Bill, 5768-2008, the Knesset Website). (ibid. 2 May 2008)
The CIA World Factbook indicates that the reserve obligation for men is until they reach "age 41-51," and for women until age 24 (ibid. 29 Jan. 2013). According to the Jewish Agency for Israel, an entity that serves as the "official link between the Jewish state and Jewish communities elsewhere" (Jewish Agency n.d.a), reserve duty for men is about a month every year until their "mid-forties or early fifties" (ibid. n.d.b).
4. Exemption from Service
The Defense Service Law indicates in Articles 39 and 40 the exemptions from military service (Israel 1986).
The US Country Reports on Human Rights Practices for 2011 for Israel says that Arab-Israeli citizens are exempt from military service (US 24 May 2012, 20). The Jewish Agency for Israel indicates that ultra-Orthodox yeshiva students and "a small group of delinquents" are exempt from military service (n.d.b).
Sources report that, in early 2012, the Supreme Court of Israel invalidated the Tal Law, which exempted ultra-Orthodox men from military service (Haaretz 3 Jan. 2013; JTA 9 Aug. 2012; Reuters 1 Aug. 2012). Sources indicate that the ultra-Orthodox constitute about 10 percent of Israel's population (BBC 11 Sept. 2012; AP 2 July 2012). On 1 August 2012, Al Jazeera reported that the Israeli defence minister ordered the army to prepare for the incorporation of ultra-Orthodox men. Haaretz, an Israeli news source, quotes the Director of the IDF Personnel Directorate as saying on a local radio station that "[r]oughly 3,000 ultra-Orthodox Israeli youths have been issued draft notices, and are set to be inducted into the Israeli Defense Forces in August 2013" (3 Jan. 2013).
4.1 Deferment of Service
The Defense Service Law provides in Articles 36 and 37 that, under certain conditions, defense service may be deferred (Israel 1986).
5. Voluntary Service
The Jewish Agency for Israel indicates that "most non-Jews" are not required to serve in the army, although some Arab and Bedouin men volunteer (n.d.b). The US Country Reports 2011 indicates that the government established a National Civil Service to give the "opportunity" for Arabs, haredi Jews, and Orthodox Jewish women to provide public service and to be eligible for 'the same financial benefits accorded to military veterans (24 May 2013, 20). The CIA World Factbook also mentions that Christians, Muslims and Circassians are eligible for voluntary service (US 29 Jan. 2013).
6. Israelis Living Abroad
The website of the Ministry of Foreign Affairs indicates that prescribed persons living outside Israel can report to an Israeli diplomatic mission for the purposes of registering, by filling out a Registration and Personal Application of a Person Designated for Defense Service Who is Staying Abroad (Israel n.d.a). If the person wishes to defer his or her service, an Application to Defer Defense Service - Israeli Citizens Staying Abroad also must be filled out (ibid.). The person must attach to these forms the following:
- an official letter from the school the person has been attending, noting the number of years that the student has been studying and the number of years remaining for graduation;
- photocopies of his or her parents' passports; and
- certification that "the center of the child's life with his parents is in that country" (ibid.).
The website of the Consulate General of Israel in Montreal indicates that "deferment means that the individual does not need to serve in the military as long as he/she is residing outside Israel" (ibid. n.d.b). The website also indicates that, as a general rule, children who left Israel before the age of 14 with their parents, and children born abroad to an Israeli parent are eligible for deferment, but not for exemption (ibid.). Deferment for persons over 19 years of age is decided by military authorities in Israel and not a diplomatic mission (ibid.). Persons whose service has been deferred in this way are permitted to visit Israel every year "under certain conditions" (ibid.). Information on these conditions could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Information on the implementation of the Defense Service Law could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Al Jazeera. 1 August 2012. "Israel's Ultra-Orthhodox to Face Army Draft." <http://www.aljazeera.com/news/middleeast/2012/08/201281103837456491.html> [Accessed 1 Feb. 2013]
Associated Press (AP). 2 July 2012. Aron Heller. "Israeli Military Service Reform Committee Dissolved by PM Netanyahu." <http://www.huffingtonpost.com/2012/07/02/israeli-military-service_n_1643664.html> [Accessed 16 Jan. 2013]
British Broadcasting Corporation (BBC). 11 September 2012. Linda Pressly. "Israel's Ultra-Orthodox Fight to Be Exempt from Military Service." <http://www.bbc.co.uk/news/magazine-19492627> [Accessed 16 Jan. 2013]
Haaretz. 3 January 2013. Gili Cohen. "3,000 Ultra-Orthodox Israelis Issued IDF Draft Notices." <http://www.haaretz.com/news/national/3-000-ultra-orthodox-israeli-s-issued-idf-draft-notices.premium-1.491789> [Accessed 1 Feb. 2013]
Israel. 2011. Ministry of Immigrant Absorption. Military Service. Fifth Edition. <http://www.moia.gov.il/Publications/idf_en.pdf> [Accessed 16 Jan. 2013]
_____. 1986. Defense Service Law (Consolidated Version), 5746-1986. <http://www.mfa.gov.il/MFA/MFAArchive/1980_1989/Defence+Service+Law+-Consolidated+Version--+5746-1.htm> [Accessed 16 Jan. 2013]
_____. N.d.a. Israel Ministry of Foreign Affairs."Handling of Matters Relating to the Israel Defense Forces." <http://www.mfa.gov.il/MFA/About+the+Ministry/ Consular_affairs/Israel_Defense_Forces.htm> [Accessed 31 Jan. 2013]
_____. N.d.b. Consulate General of Israel in Montreal. "Arrangement of Military Status." <http://embassies.gov.il/montreal/ConsularServices/Pages/Arrangement-for-Military-Status.aspx> [Accessed 31 Jan. 2013]
The Jewish Agency for Israel. N.d.a. "Abouth the Jewish Agency." <http://www.jewishagency.org/JewishAgency/English/About> [Accessed 2 Feb. 2013]
_____. N.d.b. Jonathan Kaplan. "9) The Role of the Military in Israel." <http://www.jewishagency.org/JewishAgency/English/Jewish+Education/ Compelling+Content/Eye+on+Israel/Society/9The+Role+of+the+Military+in+Israel.htm> [Accessed 16 Jan. 2013]
Jewish Telegraphic Agency (JTA). 9 August 2012. "Israeli Military Begins Drafting Haredi Orthodox." <http://www.jta.org/news/article/2012/08/09/3103366/israeli-military-begins-drafting-haredi-orthodox> [Accessed 1 Feb. 2013]
Reuters. 1 August 2012. "Israel's Military Service Law for Ultra-Orthodox Expires." <http://www.reuters.com/article/2012/08/01/us-israel-religion-military-idUSBRE87017320120801> [Accessed 16 Jan. 2013]
United States (US). 29 January 2013. Central Intelligence Agency. "Israel." The World Factbook. <https://www.cia.gov/library/publications/the-world-factbook/geos/is.html> [Accessed 2 Feb. 2013]
_____. 24 May 2012. Department of State. "Israel." Country Reports on Human Rights Practices for 2011. <http://www.state.gov/documents/organization/187889.pdf> [Accessed 31 Jan. 2013]
_____. 2 May 2008. Law Library of Congress. "Israel: Regulation of Military Reserve Service." Global Legal Monitor. <http://www.loc.gov/lawweb/servlet/lloc_news?disp2_455_Military> [Accessed 31 Jan. 2013]
_____. N.d. Law Library of Congress. Global Legal Monitor. <http://www.loc.gov/lawweb/servlet/lloc_news?home> [Accessed 11 Feb. 2013]
Additional Sources Consulted
Oral sources: Attempts to contact an independent journalist and representatives of New Profile were unsuccessful.
Internet sites, including: Amnesty International; BBC; Christian Science Monitor; Coalition to Stop the Use of Child Soldiers; Combatants for Peace; ecoi.net; Factiva; Freedom House; GlobalSecurity.org; Human Rights Watch; IDF Info; Institute for War and Peace Reporting; International Institute for Counter-Terrorism; Israel – Embassy in Dublin, Embassy in the Holy See, Embassy in Washington, Government of Israel, Israel Defense Forces, Knesset, Ministry of Defense, Ministry of Justice; Jane’s Terrorism and Security Monitor; The Jerusalem Post; The Jewish Chronicle; Mahal IDF Volunteers; Minority Rights Group; Salem News; United Nations – RefWorld, ReliefWeb; USA Today; War Resister's International; Ynet News.
Attachment
Israel. 1986. Defense Service Law (Consolidated Version), 5746-1986. <http://www.mfa.gov.il/MFA/MFAArchive/1980_1989/Defence+Service+Law+-Consolidated+Version--+5746-1.htm> [Accessed 16 Jan. 2013]