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Israeli Justices Press Government on Religious Conscription Waivers

Israeli Prime Minister Benjamin Netanyahu - Reuters
Israeli Prime Minister Benjamin Netanyahu - Reuters
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Israeli Justices Press Government on Religious Conscription Waivers

Israeli Prime Minister Benjamin Netanyahu - Reuters
Israeli Prime Minister Benjamin Netanyahu - Reuters

The top Israeli court heard responses by the state on Sunday to challenges against exemptions granted to ultra-Orthodox Jews from military conscription, a long-standing source of friction with more secular citizens now inflamed by the long Gaza war.

In the name of equality, the Supreme Court in 2018 voided a law waiving the call-up for ultra-Orthodox men who want to study in seminaries instead. Parliament failed to come up with an alternative arrangement, and a government-ordered stay on a mandatory mobilization of ultra-Orthodox expired in March, according to Reuters.

That has left Prime Minister Benjamin Netanyahu scrambling to agree with ultra-Orthodox coalition partners on a military service compromise that might preempt any Supreme Court ruling that Israel's fasted-growing minority must be forcibly drafted.

"We're not on quiet waters. We are at war, and the need (for military personnel) cries out," one of nine justices hearing the case, Noam Solberg, told a government lawyer who argued that it was still too early for an ultra-Orthodox mass-conscription.

With fighting against Palestinian Hamas in Gaza and related violence on the Lebanese border exacting the highest troop casualties in decades, many Israelis resent their fellow citizens being spared their share of the risk.

The ultra-Orthodox claim the right to study in seminaries instead of serving in uniform for the standard three years. Some say their pious lifestyles would clash with military mores, while others voice ideological opposition to the liberal state.

The ultra-Orthodox make up 13% of Israel's population, a figure expected to reach 19% by 2035 due to their high birth rates. Economists argue that the draft exemption keeps some of them unnecessarily in seminaries and out of the workforce.

The government's lawyer, Doron Taubman, said it placed a high priority on increasing ultra-Orthodox enlistment.

"But it is also mindful of the enormous difficulty the community sees in the drafting of seminary students, both due to the cardinal fear of their lifestyle being compromised and the fear of Bible study being compromised," he told the court.

It was not immediately clear when the court might rule in the case, whose first hearings took place in February.

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South Korean Opposition Submits Motion to Impeach Country's Acting President

South Korea's acting President Han Duck-soo speaks at the government complex in Seoul, South Korea, Thursday, Dec. 26, 2024. (Choi Jae-koo/Yonhap via AP)
South Korea's acting President Han Duck-soo speaks at the government complex in Seoul, South Korea, Thursday, Dec. 26, 2024. (Choi Jae-koo/Yonhap via AP)
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South Korean Opposition Submits Motion to Impeach Country's Acting President

South Korea's acting President Han Duck-soo speaks at the government complex in Seoul, South Korea, Thursday, Dec. 26, 2024. (Choi Jae-koo/Yonhap via AP)
South Korea's acting President Han Duck-soo speaks at the government complex in Seoul, South Korea, Thursday, Dec. 26, 2024. (Choi Jae-koo/Yonhap via AP)

South Korea’s main opposition party submitted a motion on Thursday to impeach the country’s acting leader over his reluctance to fill three Constitutional Court vacancies ahead of the court’s review of rebellion charges against impeached President Yoon Suk Yeol stemming from his short-lived martial law decree on Dec. 3.
The court appointments have stalled amid an intensifying dispute between the liberal opposition and Yoon’s conservative party, and the potential impeachment of Prime Minister Han Duck-soo may deepen the political paralysis that has halted high-level diplomacy and rattled financial markets, The Associated Press reported.
The opposition-controlled National Assembly also passed motions calling for the appointment of three Constitutional Court justices as the court prepares to start deliberations on whether to dismiss or reinstate Yoon. The vote came shortly after Han reiterated in a televised statement that he wouldn’t appoint the justices without bipartisan consent.
National Assembly Speaker Woo Won Shik urged Han to swiftly appoint the justices, saying that his calls for bipartisan consent essentially amounted to a refusal and “infringes on the National Assembly’s right to select Constitutional Court justices.”
Yoon’s People Power Party, whose members mostly boycotted the National Assembly vote, argued that Han shouldn’t exercise presidential authority to appoint the proposed justices while Yoon has yet to be formally removed from office.
The main opposition Democratic Party has accused the conservatives of undermining the court process to save Yoon’s presidency, and its motion to impeach Han could go to a floor vote as early as Friday. The Democrats’ floor leader, Park Chan-dae, said Han’s comments showed “he lacks both the qualifications to serve as the acting leader and the will to uphold the Constitution.”
Yoon’s presidential powers were suspended after the National Assembly voted to impeach him on Dec. 14 over an attempted power grab that lasted only hours but has triggered weeks of political turmoil that has shaken one of Asia’s most robust democracies.
To formally end Yoon’s presidency, at least six justices on the nine-member Constitutional Court must vote in favor. Three seats remain vacant following retirements and a full bench could make conviction more likely.
The court, which is to hold a pretrial hearing in Yoon’s case on Friday, has said it believes the acting president can exercise the right to appoint justices.
Three of the court’s nine justices are directly appointed by the president. Three are nominated by the head of the Supreme Court and three by the National Assembly, and they are then formally appointed by the president in what is widely considered a procedural matter.
The three seats that are currently open are to be nominated by lawmakers. South Korea’s Constitution states that the National Assembly “selects” three spots on the court rather than recommends, suggesting that the presidential appointments for these spots are a formality rather than a substantive authority, according to some legal experts.
“The consistent spirit reflected in our Constitution and laws is that an acting president should focus on maintaining stability in governance to help the country overcome crisis while refraining from exercising significant powers exclusive to the president, including appointments to constitutional institutions,” Han said. “I will withhold the appointment of Constitutional Court justices until the ruling and opposition parties submit an agreed-upon proposal.”
Han has also clashed with the Democrats over his vetoes of bills calling for independent investigations of Yoon and corruption allegations involving his wife, Kim Keon Hee.
If Han is impeached, Choi Sang-mok, the country’s deputy prime minister and finance minister, is next in line.
The impeachment vote against Han could face legal ambiguities. Most South Korean officials can be impeached with a simple majority of the National Assembly, but impeaching presidents requires two-thirds. The rival parties differ on which standard should apply to an acting president. The Democratic Party controls 170 of the National Assembly’s 300 seats, so it would need support from members of other parties including Yoon’s own to get a two-thirds majority.
While focusing on defending himself in the Constitutional Court, Yoon has dodged several requests by law enforcement authorities to appear for questioning over rebellion charges and also blocked searches of his office.
Authorities have already arrested Yoon’s defense minister, police chief and several other military commanders involved in the attempt to implement martial law, which harkened back to the days of authoritarian leaders the country hasn’t seen since the 1980s.
In a news conference in Seoul, Yoo Seung Soo, lawyer for former Defense Minister Kim Yong Hyun, repeated Yoon’s claim that his martial law decree was to “sound alarm against ... political abuse” by an opposition that has bogged down his agenda, and did not amount to a rebellion.