Israel: Sanctions for and consequences of avoiding military service or refusing to bear arms or to follow orders from officers, including in battle zones; possibility for soldiers to sue officers for improper conduct or wrong-minded orders (March 2009-January 2013)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Publication Date | 27 February 2013 |
| Citation / Document Symbol | ISR104280.E |
| Related Document(s) | Israël : information sur les sanctions et les conséquences prévues pour les personnes qui se dérobent au service militaire, refusent de prendre les armes ou refusent de suivre l'ordre d'un officier, y compris dans les zones de combat; la possibilité pour les soldats d'intenter des poursuites contre des officiers qui se conduisent mal ou donnent des ordres malveillants (mars 2009-janvier 2013) |
| Cite as | Canada: Immigration and Refugee Board of Canada, Israel: Sanctions for and consequences of avoiding military service or refusing to bear arms or to follow orders from officers, including in battle zones; possibility for soldiers to sue officers for improper conduct or wrong-minded orders (March 2009-January 2013), 27 February 2013, ISR104280.E, available at: https://www.refworld.org/docid/5152be082.html [accessed 31 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
1. Consequences of Avoiding Military Service
The website of the Military Advocate General (MAG) of the Israel Defense Forces (IDF) indicates that "The IDF operates an internal judicial system, separate from the State of Israel's general judicial system. Its legislative basis is the Military Justice Law, which was promulgated by the Knesset in 1955" (Israel n.d.). Articles 92 and 94 of the Military Justice Law stipulate the penalties for desertion and absence from military service without permission, respectively (ibid. 1955). Part One and Part Two of this law are attached to this Response.
Section 46 of the Defense Service Law (Consolidated Version), 5746 of 1986 indicates the following:
46. (a) A person who
- fails to fulfil a duty imposed on him by or under this Law or
- knowingly supplies to an authority acting under this Law false information as to a particular which he is bound to supply thereunder or
- by knowingly supplying to an authority acting under this Law false information as to a material particular, obtains an order of exemption from service, or of deferment of service, under section 36, or an exemption under section 40, an exit permit under section 43 or any other relaxation under this Law or
- commits an offence under section 43 [on going abroad] shall be liable to imprisonment for a term of two years.
(b) A person who
- does one of the things specified in subsection (a) with intent to evade defence service or
- injures or maims, or allows another person to injure or maim, his body with intent thereby to impair his medical fitness for defence service shall be liable to imprisonment for five years. (ibid. 1986)
The website of the MAG indicates that cases are heard by one of three regional courts of first instance or a special court that tries only cases involving offences by senior ranks or offences that are punishable by death, the decisions of which may be appealed to the Military Court of Appeals (ibid. n.d.). The website also indicates that in "important, difficult or novel legal issue[s]," decisions rendered by the Military Court of Appeals can be further appealed to the Supreme Court, if the Supreme Court gives permission to do so (ibid.).
Sources report that a 30 year-old Canadian-Israeli woman was sentenced on 27 September 2012 to three months in an Israeli prison for army desertion (The Times of Israel 15 Oct. 2012; Toronto Star 17 Oct. 2012). Sources indicate that she left Israel with her parents when she was 17 years old (ibid.; The Times of Israel 15 Oct. 2012). The Times of Israel, a Jerusalem-based newspaper, cites her as saying that, upon detention, she was "treated like a 'delinquent'" (ibid.). The same newspaper reports that the IDF said in a statement that the woman "'did not complete her exemption from military service in 2007 as requested by the IDF' [and] that the failure to do so was legally considered desertion" (ibid.).
The US Country Reports on Human Rights Practices for 2011 for Israel indicates that persons who do not perform military service have access to "fewer societal and economic benefits and are sometimes discriminated against in hiring practices" (US 24 May 2012, 20). Citizens generally were ineligible to work in companies with defense contracts or in security-related fields if they had not served in the military" (ibid.). Corroborating or additional information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
1.1 Conscientious Objectors
The website of the Ministry of Foreign Affairs of Israel indicates the following:
According to Article 36 of the Israeli Defense Service Law (Consolidated Version), 1986, the Minister of Defense has the authority to exempt or defer any soldier, women and men alike, from fulfilling his national army service for reasons that are listed in the law. These reasons may stem from educational requirements, security settlement, the national economical situation, extenuating family circumstances, or other reasons.
The IDF will respect the views of a conscience objector, provided that it is satisfied that these views are genuine. To this end, a special military committee, headed by the IDF's Chief Recruitment Officer, or his deputy, hears the application of those who wish to be exempted from the army on the basis of conscience objection. Among the members of this committee are an officer with psychological training, a member of the IDF attorney's office and a civilian expert on conscience objection. (Israel 13 July 2005)
War Resisters' International (WRI), an international network of "antimilitarist" organizations (WRI 8 Feb. 2013), reports that Natan Blanc was sentenced for the fifth time on 21 January 2013, to 20 days imprisonment, for refusing military service based on conscientious objection (ibid. 22 Jan. 2013). His previous sentences, the first of which was on 20 November 2012 (ibid. 3 jan. 2013), were 10 days, 20 days, and 14 days twice (ibid. 22 Jan. 2013).
Haaretz, a Tel Aviv-based newspaper, reports that an IDF reserve soldier who refused to take up arms to "protest Israel's occupation of the Palestinian territories" was sentenced to 20 days in jail (Haaretz 17 June 2012). The same article reports that he went on a hunger strike in the military prison, and cites representatives from Ta'ayush as saying that the person was placed in isolation after refusing to wear a uniform in the prison and to address prison commanders by their rank (ibid.). Ta'ayush is an Arab-Jewish NGO that fosters Arab-Jewish partnerships (Ta'ayush n.d.).
2. Consequences of Refusing Orders
Part Two of the Military Justice Law of 1955 contains the penalties for offences under the statute (Israel 1955). Among the penalties are 15 years to life imprisonment for mutiny (ibid., Art. 46), 3 years for insubordination (ibid., Art. 48), 3 to 10 years for abandonment of post (ibid., Art. 58), 15 years for desertion (ibid., Art. 92), and 2 years for absence from service without leave (ibid., Art. 94).
The Jerusalem Post reports that the IDF has been "facing a progressive breakdown of order and discipline among troops" (The Jerusalem Post 7 Feb. 2012a). The paper reported in 2009 that the Kfir Brigade, stationed in the West Bank, had been dealing with insubordination (ibid. 26 Dec. 2009). The article describes two instances of insubordination, one that took place in October 2009, when two soldiers from the Shimshon Battalion publicly displayed a banner denouncing the 2005 evacuation of Israeli settlers in Samaria, and one the next month, when "several" soldiers from the Nahshon Battalion pulled out a banner indicating that they would not "deport" settlers (ibid.). The article indicates that the soldiers from the Shimshon Battalion were "oust[ed] from the brigade and the IDF" (ibid.).
Sources report that, in June 2011, four Golani Brigade soldiers were sentenced to military prison terms in June 2011 after wearing t-shirts at their graduation ceremony that read "'Golani fights enemies and does not evict Jews'" (Haaretz 24 June 2011; Arutz Sheva 24 June 2011). According to Arutz Sheva, an Israeli electronic media network, the Golani Brigade "has an established history of staunchly objecting to orders" to expel Israeli settlers (ibid.). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The Jerusalem Post reported in 2012 that drug and alcohol abuse "is widespread and growing, violence among soldiers is no longer rare, and soldier rebellions make the news every other month" (7 Feb. 2012a).
Sources report that 17 soldiers from the Golani Brigade were sentenced to periods of imprisonment varying from one to three weeks after they abandoned their posts near the Syrian border on 2 January 2013 (RT 4 Jan. 2013; Ynet News 3 Jan. 2013). Sources indicate that soldiers abandoned their posts after they were forced to perform "administrative chores" such as cleaning and guard duty (ibid.; RT 4 Jan. 2013). Additional information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
2.1 Ultra-Orthodox Students
Sources report that, in 2012, the Supreme Court ruled unconstitutional the indefinite deferment of military service for yeshiva [ultra-Orthodox Jewish] students (The Jewish Chronicle 31 Aug. 2012; Reuters 1 Aug. 2012). Haaretz reports that some 3,000 ultra-Orthodox were issued draft notices (3 Jan. 2013). The Jewish Chronicle, a London-based Jewish newspaper, reports that some rabbis have called on their followers to "disobey the call-up orders and not to turn up for their scheduled interviews at the induction centres" (The Jewish Chronicle 31 Aug. 2012).
The Guardian reports that some rabbis have advised religious soldiers to refuse to attend military ceremonies that feature women singing (12 July 2012). The Jerusalem Post reports that four soldiers were expelled from the Officer Training School when, without permission, they left a ceremony at which women were singing (7 Feb. 2012b). Another article reports that, on 2 January 2012, the IDF Chief of Staff Lt. Gen. Benny Gantz ruled that every Israeli soldier must attend all official army ceremonies, "even if they include women singing" (The Jerusalem Post 5 Jan. 2012). Sources indicate that, according to Jewish law, women singing in front of men is forbidden (ibid.; The Guardian 12 July 2012), although the Jerusalem Post reports that "rabbinic authorities" have said that an exception can be made for recorded music and radio broadcasts (The Jerusalem Post 5 Jan. 2012). Another article by the Post reports that the Association for the Torah-observant Soldiers submitted a complaint protesting the treatment of religious soldiers within the IDF and denouncing the expulsion of two soldiers by the IDF after they disobeyed orders and went to pray (ibid. 7 Feb. 2012b).
3. Possibility of Soldiers Suing Officers
Information on the possibility of soldiers suing officers could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. However, Part Two of the Military Justice Law of 1955 contains sections providing penalties for abuse of authority by officers (Israel 1955).
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
Arutz Sheva. 24 June 2011. Gabe Khan. "Golani Soldiers Jailed Over T-Shirts."
The Guardian. 12 July 2012. Harriet Sherwood Har Etzion. "Mutiny Fear in Israeli Army as Zionists Gain Influence: Potential for Refusals When Soldiers Asked to Remove Jews from Settlements." (Factiva)
Haaretz [Tel Aviv]. 3 January 2013. Gili Cohen. "3,000 Ultra-Orthodox Israelis Issued IDF Draft Notices."
_____. 17 June 2012. Amira Hass. "Israeli Reservist Goes on Hunger Strike in Solidarity with Palestinian Prisoner."
_____. 24 June 2011. Chaim Levinson. "IDF Soldiers Punished for Wearing Shirts Declaring 'Golani Fights Enemies and Does Not Evict Jews'."
Israel. 13 July 2005. Ministry of Foreign Affairs. "Conscience Objection."
_____. 1986. Defense Service Law (Consolidated Version), 5746-1986.
_____. 1955. Military Justice Law, 5715-1955. Seffer Ha-Chukkim, No. 189, 20 July 1955.
_____. N.d. Israel Defense Forces (IDF), Military Advocate General (MAG) Corps. "Criminal Proceedings in the Military Courts."
The Jerusalem Post. 7 February 2012a. Jonathan Yudelman. "The IDF's Greatest Challenge." (Factiva)
_____. 7 February 2012b. Jeremy Sharon. "Religious Soldiers File Complaint Over Denial of Rights at Officer School." (Factiva)
_____. 5 January 2012. Jeremy Sharon and Yaakov Katz. "IDF Chief Rabbi Calls for Moshe Ravad to Be Fired over Resignation from 'Shahar'. IAF Lt.-Col. Leaves Haredi Army Group in Protest over Infringement of Soldiers' Religious Rights." (Factiva)
_____. 26 December 2009. Yaakov Katz. "IDF's Kfir Brigade - Fighting Palestinians and Insubordination."
The Jewish Chronicle. 31 August 2012. Anshel Pfeffer. "Showdown Looms as IDF Calls Up Charedim." (Factiva)
Reuters. 1 August 2012. "Israel's Military Service Law for Ultra-Orthodox Expires."
Russia Today (RT). 4 January 2013. "IDF Soldiers Abandon Post over Refusal to Do Cleaning, Guard Duty."
Ta'ayush. N.d. "About Ta'ayush."
The Times of Israel [Jerusalem]. 15 October 2012. Philip Podolsky. "Canadian-Israeli 'Deserter' Granted Clemency."
Toronto Star. 17 October 2012. Carmelle Wolfson. "Canadian Freed from Israel Military Jail on Clemency."
United States (US). 24 May 2012. Department of State. "Israel." Country Reports on Human Rights Practices for 2011.
War Resisters' International (WRI). 8 February 2013. "War Resisters' International Condemns Pinar Selek's Life Sentence."
_____. 22 January 2013. Hannah Brock. "Israel: Fifth Detention of Conscientious Objector Natan Blanc."
_____. 3 January 2013. Hannah Brock. "Israel: Third Detention of Conscientious Objector Natan Blanc."
Ynet News. 3 January 2013. Yoav Zitun and Ahiya Raved. "Soldiers Imprisoned for Abandoning Post."
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; Freedom House; GlobalSecurity.org; Human Rights Watch; Institute for War and Peace Reporting; International Institute for Counter-Terrorism; Israel — Embassies in Dublin, Holy See, and Washington, Government of Israel, IDF Info, Knesset, Ministry of Defense, Ministry of Justice; Jane's Terrorism and Security Monitor; Mahal IDF Volunteers; Minority Rights Group International; Salem News; United Nations — RefWorld, ReliefWeb; USA Today.
Attachment
Israel. 1955. Military Justice Law, 5715-1955. Seffer Ha-Chukkim, No. 189, 20 July 1955.
