Israel – Compulsory Military Service – Conflict Zone – Cut-Off Age – Penalties

Home , Avshalom Vilan, Gabi Ashkenazi, Matan Vilnai, Reservist

Refugee Review Tribunal AUSTRALIA

RRT RESEARCH RESPONSE

Research Response Number: ISR34012 Country: Israel Date: 21 November 2008

Keywords: Israel – Compulsory military service – Conflict zone – Cut-off age – Penalties – Conscientious objection

This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein.

Questions 1. Please provide general material available on compulsory military service in Israel? 2. Are all men subject to annual military/reservist service? 3. If so, are all required to engage in active service in a conflict zone? 4. Is there a cut off age? 5. Is service compulsory? 6. What are the consequences for not doing military service? 7. Is conscientious objection available?

RESPONSE

1. Please provide general material available on compulsory military service in Israel? 2. Are all men subject to annual military/reservist service?

An Economist Intelligence Unit risk briefing on Israel dated 25 September 2008 indicates that:

To counter the threat that it believes it faces from its neighbours, Israel has built up a strong military capability, based on conscription and a system of annual reserve duty. Of the IDF’s [Israel Defence Force] estimated serving strength of 168,000 in 2005, 107,500 were conscripts. Terms of service are 48 months for officers, 36 months for servicemen and 21 months for unmarried women and those without children (longer for officers and those with specialist skills). After military service is completed, male conscripts are required to serve up to 39 days a year until they reach 40, although certain specialists serve longer. Although military service is compulsory for women, and all units and functions are open to them, reserve duty rarely extends beyond the age of 24 (‘Israel risk: Political stability risk’ 2008, Economist Intelligence Unit – Risk Briefing, 25 September – Attachment 1).

According to an article in The Christian Science Monitor dated 27 August 2008, “[m]ilitary service is mandatory in Israel – two years for females, three for males, and more if one volunteers for certain elite units or stays on as an officer. Afterwards, most Israeli men, and some women, are required to report for reserve duty every year until age 40, and sometimes beyond.” The article also notes that:

The IDF spokesman’s office confirmed that 28 percent of 18-year-old men and 43 percent of the women did not join the army this year. The vast majority of those who are not drafted are ultra-Orthodox Jews – a large population that is legally exempt. Others are exempted on medical grounds, because they have low test scores, criminal records, or are living abroad. Israeli Arabs are also exempt from service, although they can volunteer (Harman, Danna 2008, ‘A summer camp for political dissenters in Israel’, The Christian Science Monitor, 27 August – Attachment 2).

In relation to military reserve service, an article dated 2 May 2008 in the Global Legal Monitor, an online publication from the Law Library of Congress, indicates that on 2 April 2008, Israel’s Parliament “passed a law that defines the structure of the Israel Defense Forces (IDF) reserve force and its capability and objectives”, and includes details of “the duration of service in the reserves.” It is stated in the article that:

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) (Levush, Ruth 2008, ‘Israel: Military – Regulation of Military Reserve Service’, Global Legal Monitor, 2 May http://www.loc.gov/lawweb/servlet/lloc_news?disp2_455_Military – Accessed 13 November 2008 – Attachment 3).

Another article dated 2 April 2008 refers to the Knesset approving “the ‘Military Reserve Law’ which, for the first time, regulates benefits for reserve soldiers in the Israel Defense Forces.” The law “allows for affirmative action in favor of reservists in such areas as tax benefits, university scholarships and university dormitories.” The bill also “stipulates that the IDF may release those it does not need - the same as today.” According to MK Avshalom Vilan (Meretz), the bill “heralds the end of the people’s army… because the more benefits are granted to more reservists, the more expensive it will become to call them for duty, so the army will call up fewer men. ‘Only the good regiments will be called up. This is already happening,’ Vilan said.” It is also stated in the article that:

One of the proposal’s goals is to limit the number of reserve duty days each man must put in per year - 54 days per soldier in three years (an average of 18 days a year); 70 for a non- commissioned officer (23 a year) and 84 per officer (24 a year). Some of this time must be spent in training.

This appears at first like a great improvement. But Itay Landsberg, of the forum of regiment and brigade commanders and pilots, says that holes in the law make it possible to call for a 36-day service a year - which would leave today’s situation unchanged.

[Deputy Defence Minister Matan] Vilnai’s people said this would only apply to special professions such as pilots and doctors (Ilan, Shahar 2008, ‘After 5 years of debate, reserve soldiers get regulated benefits’, Haaretz, 2 April http://www.haaretz.com/hasen/spages/971106.html - Accessed 18 November 2008 – Attachment 4).

An article dated 1 April 2008 on the Israel Ministry of Foreign Affairs website provides further information on the terms of service in the Israel Defence Forces:

Compulsory Service: All eligible men and women are drafted at age 18. Men serve for three years, women for two years. Deferments may be granted to qualified students at institutions of higher education. New immigrants may be deferred or serve for shorter periods of time, depending on their age and personal status on entering the country.

Reserve Duty: Upon completion of compulsory service, each soldier is assigned to a reserve unit and may serve up to the age of 51.

Career Military Service: Veterans of compulsory service meeting current IDF needs may sign up as career officers or NCOs. The career service constitutes the command and administrative backbone of the IDF. Graduates of officers’ or pilots’ schools or special military technical schools are required to sign on for periods of career service (‘The State: Israel Defense Forces (IDF)’ 2008, Israel Ministry of Foreign Affairs website, 1 April http://www.mfa.gov.il/MFA/Facts+About+Israel/State/THE+STATE- +Israel+Defense+Forces+-IDF-.htm – Accessed 12 November 2008 – Attachment 5).

The US Department of State report on human rights practices in Israel and the occupied territories for 2007 also includes the following information on military service in Israel. It is stated in the report that:

The law exempts Israeli Arabs from mandatory military service. Citizens who do not perform military service enjoy less access to social and economic benefits. Israeli Arabs generally were restricted from working in companies with defense contracts or in security-related fields. In June the government started a civilian service program for citizens not drafted for military service, which gives Israeli Arabs and ultra-Orthodox Jews the opportunity to serve and be eligible for the same benefits accorded military veterans. According to press reports, the National Service Administration registered 289 Israeli-Arab volunteers during the 2006-07 academic year.

The Israeli Druze community comprised approximately 8.3 percent of the population, and the Circassian community numbered some 3,000. Males were subject to the military draft, and the overwhelming majority accepted willingly. Some Bedouin and other Arab citizens not subject to the draft also served voluntarily (US Department of State 2008, Country Reports on Human Rights Practices for 2007 – Israel and the occupied territories, March, Section 5 – Attachment 6).

An ABC News report dated 14 March 2008 indicates that the “long tradition - and more recently, the law” in Israel that “those in full-time religious study are excused from” compulsory military service “may be about to change”, with the Israeli Defence Minister “preparing to draft ultra-orthodox religious students into the army, breaking a tradition that goes back to the country’s creation in 1948.” The report also indicates that “[i]n theory, the decision to draft those students could break apart the coalition government. But the religious right says it is a political stunt and it’s calling the minister’s bluff” (Knight, Ben 2008, ‘Israel breaks tradition to draft religious students Currently all young Israelis must complete three years of compulsory military service unless they are in full-time religious study. Israel religious draft could break govt’, ABC News, 14 March – Attachment 7).

The more recent article in The Christian Science Monitor dated 27 August 2008 refers to Israel’s ultra-Orthodox Jews as being “legally exempt” from the military draft (Harman, Danna 2008, ‘A summer camp for political dissenters in Israel’, The Christian Science Monitor, 27 August – Attachment 2).

According to the US Department of State report on religious freedom in Israel and the occupied territories for 2007:

Politicians, media outlets, and many private citizens criticized the Government’s practice of granting military draft exemptions and living allowances to full-time yeshiva (Jewish religious school) students. Under the so-called Tal Law, passed in 2002 and renewed in 2007, ultra-Orthodox Jews are entitled to exemption from military service to pursue religious studies. This exemption allows ultra-Orthodox Jews to postpone military service in one-year increments to pursue fulltime religious studies at recognized yeshivas. These students must renew their deferments each year by proving that they are full-time students. At the age of 22, the yeshiva students receive a 1 year hiatus from their deferment obligations, during which they have the option of performing community service, learning a trade, or serving in the army for an abbreviated enlistment period. Students who choose none of these are subject to the military draft at the conclusion of the grace year, unless they continue their yeshiva studies full time with yearly renewals until they reach the age of 40. According to the government watchdog group Movement for Quality, since 2002 only 1,520 ultra-Orthodox men have chosen to enter the workforce through programs mandated by the Tal Law, while 50,000 have continued to study in yeshivas. According to Israeli Defense Force (IDF) figures released in July 2007, approximately 11 percent of all male candidates for military service have deferments as full-time yeshiva students, up from 7.3 percent in 2000.

…Military service is only compulsory for Jews, Druze, and Circassians. Orthodox Jews could obtain exemptions from service for full-time religious study. Approximately 90 percent of Israeli Arabs chose not to serve in the army. Some Arab citizens, mainly Bedouin, were accepted as volunteers. Israeli-Arab advocacy groups charged that housing, educational, and other benefits, as well as employment preferences based on military experience, effectively discriminate in favor of the Jewish population, the majority of who serve in the military. In December 2004 the Ivri Committee on National Service recommended to the Government that Israeli-Arabs be afforded an opportunity to perform alternative nonmilitary service. On December 13, 2006, the Government announced procedures to offer a civilian service program to citizens not drafted for military service. Beginning in June 2007 Israeli Arabs and ultra- Orthodox Jews are expected to have the opportunity to serve for one to two years as volunteers in health, education, or welfare sectors. After completing service, volunteers would be eligible for the same national benefits accorded military veterans (US Department of State 2007, International Religious Freedom Report for 2007 – Israel and the Occupied Territories, September, Section II – Attachment 8).

An Immigration and Refugee Board of Canada response to information request dated 7 June 2007 refers to the Israeli cabinet voting “on 18 February 2007 to extend the Tal Law by five years”. The response to information request also notes that:

In April 2007, a government committee voted in favour of a proposed law known as the “Sahar Law” (Jewish Chronicle 26 Apr. 2007; see also The Mail on Sunday 18 Mar. 2007). The Sahar Law will permit sports prodigies to be exempted from military service in exchange for performing service in their communities (Jewish Chronicle 26 Apr. 2007). The proposed law is named after Ben Sahar, a promising Israeli soccer athlete playing for Chelsea in England (ibid.; Guardian 29 Dec. 2006; The Mail on Sunday 18 Mar. 2007) (Immigration and Refugee Board of Canada 2007, ISR102548.E - Israel: Whether there has been an amendment to the military service law; if yes, whether the law is more open/flexible with respect to conscientious objectors; what the law states with respect to conscientious objectors, 7 June http://www.irb- cisr.gc.ca/en/research/rir/index_e.htm?action=record.viewrec&gotorec=451292 – Accessed 20 August 2007 – Attachment 9).

An RRT research response dated 26 June 2007 provides information on the military service system in Israel and the obligations of reservists (RRT Research & Information 2007, Research Response ISR31732, 26 June, (Question 1) – Attachment 10).

Another RRT research response dated 2 February 2006 includes information on compulsory military service in Israel and the percentage of young people who do not complete military service (RRT Country Research 2006, Research Response ISR23829, 2 February, (Questions 1 & 7) – Attachment 11).

3. If so, are all required to engage in active service in a conflict zone?

The article dated 1 April 2008 on the Israel Ministry of Foreign Affairs website indicates that “[i]n preparing for defense, the IDF deploys a small standing army (made up of conscripts and career personnel) with early warning capability, and a regular air force and navy. The majority of its forces is reservists, who are called up regularly for training and service and who, in time of war or crisis, are quickly mobilized into their units from all parts of the country” (‘The State: Israel Defense Forces (IDF)’ 2008, Israel Ministry of Foreign Affairs website, 1 April http://www.mfa.gov.il/MFA/Facts+About+Israel/State/THE+STATE- +Israel+Defense+Forces+-IDF-.htm – Accessed 12 November 2008 – Attachment 5).

An article dated February 2008 on The Institute for National Security Studies website in relation to military reserve duty in Israel refers to the involvement of reserve forces in Operation Defensive Shield in 2002 and in the Second Lebanon War in 2006. The article also refers to the changes in reserve service in Israel during the last 20 years. Reserve service had been “a norm, and the defense establishment viewed the reserve forces as ‘a strategic human resource’ capable of deploying rapidly and winning wars.” However, “[o]ver the last two decades the IDF and reserve forces have undergone a substantial process – from the army of the people with obligatory reserve duty to a small semi-voluntary reserve military force.” The IDF had “promoted the emphasis on standoff warfare, and its main focus shifted to firepower and low profile activity (small units)”. Reservists were viewed as being “no longer important as a strategic resource”. Training exercises and the length of annual reserve duty were cut except during 2002 when reservists were used in Operation Defensive Shield. According to the article:

Overall, the general trend in the IDF up to the Second Lebanon War was a reduction in the size of the combat forces and an ongoing examination of the possibility of lowering the discharge age and exempting civilians from reserve duty.[8]

So as to avoid losing all of the manpower, the meager usage of reservists notwithstanding, the IDF decided that reservists would be viewed as a reserve pool and if the need arose for such reserve forces, they would be mobilized, equipped with equipment stored in emergency storage facilities, trained quickly, and dispatched to the battlefield.[9] On July 12, 2006 the Second Lebanon War broke out and it was decided to call up three divisions of reservists. The reservists arrived on the battlefield after a long period without training, without suitable equipment, and with very little knowledge of the missions and capabilities.

Following the Second Lebanon War, there was “criticism from reservists who served in Lebanon and experienced the results of the neglect.” After investigations, the IDF had “made changes and adjustments to its operational approach. As a result, it was decided to increase maneuvering efforts and to reinforce the reserve force. Under the leadership of Chief of Staff Gabi Ashkenazi, the IDF has restored its faith in the reserves as a provider of strategic and decisive depth on the battlefield. This entailed restoring the reserve forces to full readiness, including training, equipment, and appropriate command.” The article also indicates that:

As of now, the current trend is receiving support from the political leadership and public opinion in Israel, although the test of time will show if this is a genuine strategic change. This process will also affect the national level: renewed investment of resources in reserve forces will further accentuate the discrepancy between those who do reserve duty and those who don’t.[12] Although there has been an increase in the response to reserve duty, most of the country’s citizens still do not carry out active service (Hendel, Yoaz 2008, ‘The Reserves Comeback’, Strategic Assessment, February http://www.inss.org.il/publications.php?cat=21&incat=&read=1647 – Accessed 17 November 2008 – Attachment 12).

The article dated 2 May 2008 in the Global Legal Monitor regarding the Reserve Service Law passed by Israel’s parliament on 2 April 2008, indicates that the law “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)” (Levush, Ruth 2008, ‘Israel: Military – Regulation of Military Reserve Service’, Global Legal Monitor, 2 May http://www.loc.gov/lawweb/servlet/lloc_news?disp2_455_Military – Accessed 13 November 2008 – Attachment 3).

The previously mentioned article dated 2 April 2008 also refers to the Knesset approving “the ‘Military Reserve Law’”. The bill “stipulates that the IDF may release those it does not need - the same as today.” According to MK Avshalom Vilan (Meretz), the bill “heralds the end of the people’s army… because the more benefits are granted to more reservists, the more expensive it will become to call them for duty, so the army will call up fewer men. ‘Only the good regiments will be called up. This is already happening,’ Vilan said” (Ilan, Shahar 2008, ‘After 5 years of debate, reserve soldiers get regulated benefits’, Haaretz, 2 April http://www.haaretz.com/hasen/spages/971106.html - Accessed 18 November 2008 – Attachment 4). Other sources provide information on the attitude of the authorities towards Israeli soldiers who refused to serve in the occupied territories or refused orders to remove settlers from the occupied territories. An RRT research response dated 20 August 2007 refers to articles regarding the Israeli authorities taking action against soldiers who had refused to participate in the evacuation of settlers from Hebron in the West Bank (RRT Research & Information 2007, Research Response ISR32073, 20 August, (Question 3) – Attachment 13).

The RRT research response dated 26 June 2007 includes information on the Israeli government’s position with respect to selective objection by persons to performing military duties at a specific place, time or manner on the basis of ideological and political beliefs (RRT Research & Information 2007, Research Response ISR31732, 26 June, (Question 2) – Attachment 10).

The RRT research response dated 2 February 2006 looks at whether a person can request to undertake military service in particular areas and not in others (i.e. not in patrolling Israeli settler areas or Palestinian territories (RRT Country Research 2006, Research Response ISR23829, 2 February, (Question 6) – Attachment 11).

4. Is there a cut off age? 5. Is it compulsory?

An unamended version of Israel’s 1986 Defence Service Law on the Israel Ministry of Foreign Affairs website indicates that:

“person of military age” means an Israel national, or a permanent resident, of an age as specified hereunder:

(1) in the case of a male person - any age from eighteen to fifty-four years;

(2) in the case of a female person - any age from eighteen to thirty-eight years (Government of Israel 1986, ‘Defence Service Law -Consolidated Version 5746-1986’, Israel Ministry of Foreign Affairs website, 30 January http://www.mfa.gov.il/MFA/MFAArchive/1980_1989/Defence%20Service%20Law%20- Consolidated%20Version--%205746-1 – Accessed 31 October 2006 – Attachment 14).

The more recent article dated 1 April 2008 on the Israel Ministry of Foreign Affairs website notes that “[u]pon completion of compulsory service, each soldier is assigned to a reserve unit and may serve up to the age of 51” (‘The State: Israel Defense Forces (IDF)’ 2008, Israel Ministry of Foreign Affairs website, 1 April http://www.mfa.gov.il/MFA/Facts+About+Israel/State/THE+STATE- +Israel+Defense+Forces+-IDF-.htm – Accessed 12 November 2008 – Attachment 5).

Another article dated 25 September 2008 by the Economist Intelligence Unit indicates that in Israel, “[a]fter military service is completed, male conscripts are required to serve up to 39 days a year until they reach 40, although certain specialists serve longer. Although military service is compulsory for women, and all units and functions are open to them, reserve duty rarely extends beyond the age of 24” (‘Israel risk: Political stability risk’ 2008, Economist Intelligence Unit – Risk Briefing, 25 September – Attachment 1).

The article in The Christian Science Monitor dated 27 August 2008 also refers to “most Israeli men, and some women” being “required to report for reserve duty every year until age 40, and sometimes beyond” after completing mandatory military service (Harman, Danna 2008, ‘A summer camp for political dissenters in Israel’, The Christian Science Monitor, 27 August – Attachment 2).

A search of the sources consulted did not locate a copy of the Reserve Service Law passed by Israel’s parliament on 2 April 2008 as referred to in the article dated 2 May 2008 in the Global Legal Monitor (Levush, Ruth 2008, ‘Israel: Military – Regulation of Military Reserve Service’, Global Legal Monitor, 2 May http://www.loc.gov/lawweb/servlet/lloc_news?disp2_455_Military – Accessed 13 November 2008 – Attachment 3). An earlier press release dated 6 May 2007 on the Israel Prime Minister’s Office website indicates that the Cabinet had “approved the draft 2007 Reserve Duty Law” that had been “designed to implement the new reserve service model adopted by the Government following the recommendations of the public committee chaired by Prof. Avishai Braverman.” It had been “decided to enact several changes in the reserves model, as per the Braverman committee recommendations”, including “[s]etting the discharge age at 45 for officers and 40 for other ranks, in contrast to the original draft law in which no such distinction was made” (‘At the Weekly Cabinet Meeting 6.5.07’ 2007, Israel Prime Minister’s Office website, 6 May http://www.pmo.gov.il/PMOEng/Archive/Cabinet/2007/05/govmes060507.htm - Accessed 18 November 2008 – Attachment 15).

The article dated February 2008 on The Institute for National Security Studies website in relation to military reserve duty in Israel indicates that “in 2005 the new reserve military service bill, which proposed limiting service to fourteen days a year, passed its first parliamentary reading and the discharge age was lowered to forty” (Hendel, Yoaz 2008, ‘The Reserves Comeback’, Strategic Assessment, February http://www.inss.org.il/publications.php?cat=21&incat=&read=1647 – Accessed 17 November 2008 – Attachment 12).

The RRT research response dated 2 February 2006 includes documents that provide information on the length of compulsory military service in Israel and the age to which reserve service is undertaken (RRT Country Research 2006, Research Response ISR23829, 2 February, (Question 1) – Attachment 11). The research response refers to an earlier report dated 3 February 2003 on the War Resisters’ International website which indicates that:

Reserve service is required up till the age of 51 in the case of men (54 for officers) and up till 24 in the case of women. Reservist duty involves one month training annually7.

Traditionally the reserve service has been considered a very important aspect of Israel’s defence policy, indeed an important aspect of building a national identity. Since the 1980s attitudes seem to have changed somewhat. Men of over 35 are often not called up for reserve training, as they are considered medically unfit. Usually men are finally discharged at the age of 41 or 45. Women are as a rule not called up for reserve training at all (Speck, Andreas 2003, ‘Conscientious objection to military service in Israel: an unrecognised human right’, War Resisters’ International website, 3 February, p. 3 http://wri-irg.org/pdf/co-isr-03.pdf - Accessed 24 January 2006 – Attachment 16).

6. What are the consequences for not doing military service?

The RRT research response dated 20 August 2007 includes information on how refusal to undertake military service is perceived in Israel (RRT Research & Information 2007, Research Response ISR32073, 20 August, (Question 3) – Attachment 13).

The RRT research response dated 26 June 2007 provides information on the penalties for desertion or evasion of military service in Israel (RRT Research & Information 2007, Research Response ISR31732, 26 June, (Question 1) – Attachment 10).

The RRT research response dated 2 February 2006 also includes information on the penalties for refusing military call-up in Israel and whether those who do not undertake military service in Israel are considered unworthy or outsiders (RRT Country Research 2006, Research Response ISR23829, 2 February, (Questions 4 & 8) – Attachment 11).

7. Is conscientious objection available?

Although in relation to whether there is conscientious objection or alternative military service available for the Circassian minority in Israel, the RRT research response dated 20 August 2007 includes general information on conscientious objection in Israel (RRT Research & Information 2007, Research Response ISR32073, 20 August, (Question 2) – Attachment 13). The research response refers to the previously mentioned Immigration and Refugee Board of Canada response to information request dated 7 June 2007 which includes the following comments by “[a] postdoctoral instructor at the Buchmann Faculty of Law at Tel Aviv University… with respect to military service law and conscientious objectors” in Israel:

The policy regarding conscientious objectors has remained more or less the same in the last decades, despite being challenged before the Israel Supreme Court by different petitioners. The way it works is as follows: The army distinguishes between “total” objection to service, stemming from pacifism, and what it calls “selective” objection, stemming from political objection to specific policies and duties of the army. In the former cases, people will be granted exemption from service, and in the latter case, they won’t (and should selective objectors refuse to enlist, they can be tried and jailed for Refusal to Obey Orders, an offense according to article 122 of the Military Justice Act, 1955). When someone states, before being drafted, that he or she is a conscientious objector, they are invited to a hearing before a special committee, popularly known as “the conscience committee”, whose role is to establish whether the person can be exempted as a “total” objector, or drafted as a “selective” objector. (15 May 2007)

The response to information request also indicates that:

In March 2007, Amnesty International (AI) conveyed its concern regarding the imprisonment of Israeli conscripts and reservists objecting to military service based on conscientious grounds (AI 30 Mar. 2007; see also ibid. 2006). Media sources reported in July and August 2006 that an Israeli military captain was jailed for refusing to fight in the conflict in Lebanon (AFP 30 July 2006; ABC 2 Aug. 2006). The Refuser Solidarity Network corroborates the imprisonment of conscientious objectors and states that “Israel maintains an extremely narrow definition of ‘conscience,’ equating conscientious objection only with some forms of pacifism” (Jan. 2006). The Refuser Solidarity Network also states that Israel does not have a definition of conscientious objection articulated in any official document (Jan. 2006) (Immigration and Refugee Board of Canada 2007, ISR102548.E - Israel: Whether there has been an amendment to the military service law; if yes, whether the law is more open/flexible with respect to conscientious objectors; what the law states with respect to conscientious objectors, 7 June http://www.irb- cisr.gc.ca/en/research/rir/index_e.htm?action=record.viewrec&gotorec=451292 – Accessed 20 August 2007 – Attachment 9).

The RRT research response dated 26 June 2007 looks at what provisions are made for pacifists in Israel (RRT Research & Information 2007, Research Response ISR31732, 26 June, (Question 2) – Attachment 10).

The RRT research response dated 2 February 2006 also provides information on whether there are provisions for conscientious or moral objectors in relation to military service in Israel (RRT Country Research 2006, Research Response ISR23829, 2 February, (Questions 2 & 3) – Attachment 11).

Recent articles on conscientious objection in Israel include the following:

An article dated 31 August 2008 in The Palestine Chronicle indicates that 18-year-old Sahar Vardi had been sent to an Israeli military prison after “refusing to be conscripted into the Israeli military.” Vardi “is part of a broader movement of Shministim, high-school seniors who refuse to be conscripted due to the military’s oppression of the Palestinians. Two other conscientious objectors, Udi Nir and Avichai Vaknin, were imprisoned earlier this month and a few others are likely to follow suit.” Vardi was “in prison because the military conscientious committee did not accept her appeal”, because in the committee’s opinion, her appeal “was based on political convictions rather than a sincere conscientious belief” (Gordon, Neve 2008, ‘Sahar Vardi: An Israeli Refusing to Oppress’, The Palestine Chronicle, 31 August – Attachment 17).

The article in The Christian Science Monitor dated 27 August 2008 refers to 18-year-old Saar Vardi being jailed until 1 September 2008 after refusing to undertake mandatory military service in Israel. According to the article, “Vardi will remain in jail until Sept. 1, when she’ll be asked again to serve her term in the IDF. If she refuses, the state is expected to give her another weeklong sentence. If she continues to defy the state, Verdi could remain behind bars anywhere from 42 days to two years. Six other young Israelis are expected to choose jail time over service later this month.” The article also indicates that:

“Until the 1980s resisting the draft was practically unheard of … but kids today are thinking differently than [they once were.] Today it is easier, in some circles, to justify not serving,” said Ofer Neiman, an activist from Yesh Gvul (‘There Is A Limit’), a reservists’ resistance movement established at the start of the Lebanon War in 1982. That war saw both the beginning and the peak of the phenomenon, with 3,500 people eventually signing a Yesh Gvul petition pledge not to serve – and 200 ultimately sitting in jail.

Since then, hundreds more have resisted the call to arms on moral grounds. Some refuse to serve in the occupied territories others refuse to serve at all. And while the vast majority of these objectors are reservists, the number of 18-year-old conscripts among their ranks has also grown, despite the general social stigma.

…Between 2005 and 2007, 42 draftees – both male and female – were recognized by a special military committee as conscientious objectors and given official exemptions. Dozens of others, who were not recognized as pacifists by the IDF, eventually went to jail for refusing the order to serve.

The number of objectors is relatively small, but also hard to verify, mainly because most do not go through the process of declaring themselves objectors but rather get out of serving by feigning physical or mental incompetence (Harman, Danna 2008, ‘A summer camp for political dissenters in Israel’, The Christian Science Monitor, 27 August – Attachment 2).

A subsequent article dated 5 November 2008 on the War Resisters’ International website indicates that Israeli conscientious objectors Sahar Vardi and Raz Bar-David Varon had been “sentenced to 21 days in prison” after refusing to enlist in the Israeli Defence Forces. “Sahar Vardi first went to prison on 25 August 2008… when she was sentenced to 7 days imprisonment for refusing to enlist. On 12 October 2008, she received a second prison term of 21 days”. Raz Bar-David Varon was the fifth female conscientious objector of the signatories of a 2008 letter by high school seniors “to be imprisoned over the recent three months. Omer Goldman, Tamar Katz and Mia Tamarin have finished their second prison terms and await the army’s decision in their case” (Speck, Andreas 2008, ‘ISRAEL: COs Sahar Vardi and Raz Bar-David Varon sentenced to 21 days in prison’, War Resisters’ International website, 5 November http://www.wri-irg.org/news/alerts/msg00122.html - Accessed 14 November 2008 – Attachment 18).

An article dated 20 August 2008 refers to “[d]ozens of Israeli high school seniors who are looking to evade mandatory military service on moral grounds” sending a letter “to Prime Minister Ehud Olmert, Defense Minister Ehud Barak, Education Minister Yuli Tamir and IDF Chief of Staff Lt.-Gen. Gabi Ashkenazi in protest of Israel’s policy of ‘segregation, killing and oppression in the occupied territories’.” According to the article:

As opposed to previous protests by the defiant teens, also known as refuseniks, the IDF responded harshly and arrested 18-year-old Udi Nir at his Herzliya home a day after he was supposed to enlist in the army. The teen was subsequently brought before a military judge.

…Sahar Vardi, a senior at the prestigious Leyad Ha’universita High school in Jerusalem, said “We (conscientious objectors) planned to go to prison together, but the army has apparently learned its lesson and arrested Udi as a preemptive measure.”

…The IDF Spokesperson’s Office said, “Udi Nir was supposed to enlist on Monday, but did not report and was therefore treated as an absentee. He was detained, brought before a judge and received a six-day suspended sentence. Following his continued refusal to report for duty, Nir was sentenced to 21 days in a military prison. We consider IDF service a privilege” (Levy, Yael 2008, ‘Conscientious objector to IDF service jailed’, Ynet News, 20 August – Attachment 19).

List of Sources Consulted

Internet Sources: Government Information & Reports Israel Ministry of Foreign Affairs website http://www.mfa.gov.il/MFA/ Israel Prime Minister’s Office website http://www.pmo.gov.il/PMOEng/ Immigration & Refugee Board of Canada http://www.irb-cisr.gc.ca/ UK Home Office http://www.homeoffice.gov.uk/ US Department of State http://www.state.gov/ United Nations (UN) UN High Commissioner for Refugees (UNHCR) Refworld website http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain

Non-Government Organisations Human Rights Watch http://www.hrw.org/ Amnesty International http://www.amnesty.org War Resisters’ International website http://www.wri-irg.org/ International News & Politics BBC News http://news.bbc.co.uk Region Specific Links The Institute for National Security Studies website http://www.inss.org.il/index.php Israel Defence Forces website http://dover.idf.il/IDF/English Mahal-IDF-Volunteers.org website http://www.mahal-idf-volunteers.org/index.html Search Engines Copernic http://www.copernic.com/

Databases: FACTIVA (news database) BACIS (DIAC Country Information database) REFINFO (IRBDC (Canada) Country Information database) ISYS (RRT Research & Information database, including Amnesty International, Human Rights Watch, US Department of State Reports) MRT-RRT Library Catalogue

List of Attachments

1. ‘Israel risk: Political stability risk’ 2008, Economist Intelligence Unit – Risk Briefing, 25 September. (FACTIVA)

2. Harman, Danna 2008, ‘A summer camp for political dissenters in Israel’, The Christian Science Monitor, 27 August. (CISNET Israel and the Occupied Territories CX208891)

3. Levush, Ruth 2008, ‘Israel: Military – Regulation of Military Reserve Service’, Global Legal Monitor, 2 May http://www.loc.gov/lawweb/servlet/lloc_news?disp2_455_Military – Accessed 13 November 2008.

4. Ilan, Shahar 2008, ‘After 5 years of debate, reserve soldiers get regulated benefits’, Haaretz, 2 April http://www.haaretz.com/hasen/spages/971106.html - Accessed 18 November 2008.

5. ‘The State: Israel Defense Forces (IDF)’ 2008, Israel Ministry of Foreign Affairs website, 1 April http://www.mfa.gov.il/MFA/Facts+About+Israel/State/THE+STATE- +Israel+Defense+Forces+-IDF-.htm – Accessed 12 November 2008.

6. US Department of State 2008, Country Reports on Human Rights Practices for 2007 – Israel and the occupied territories, March.

7. Knight, Ben 2008, ‘Israel breaks tradition to draft religious students Currently all young Israelis must complete three years of compulsory military service unless they are in full-time religious study. Israel religious draft could break govt’, ABC News, 14 March. (FACTIVA)

8. US Department of State 2007, International Religious Freedom Report for 2007 – Israel and the Occupied Territories, September. 9. Immigration and Refugee Board of Canada 2007, ISR102548.E - Israel: Whether there has been an amendment to the military service law; if yes, whether the law is more open/flexible with respect to conscientious objectors; what the law states with respect to conscientious objectors, 7 June http://www.irb- cisr.gc.ca/en/research/rir/index_e.htm?action=record.viewrec&gotorec=451292 – Accessed 20 August 2007.

10. RRT Research & Information 2007, Research Response ISR31732, 26 June.

11. RRT Country Research 2006, Research Response ISR23829, 2 February.

12. Hendel, Yoaz 2008, ‘The Reserves Comeback’, Strategic Assessment, February http://www.inss.org.il/publications.php?cat=21&incat=&read=1647 – Accessed 17 November 2008.

13. RRT Research & Information 2007, Research Response ISR32073, 20 August.

14. Government of Israel 1986, ‘Defence Service Law -Consolidated Version 5746-1986’, Israel Ministry of Foreign Affairs website, 30 January http://www.mfa.gov.il/MFA/MFAArchive/1980_1989/Defence%20Service%20Law%20- Consolidated%20Version--%205746-1 – Accessed 31 October 2006.

15. ‘At the Weekly Cabinet Meeting 6.5.07’ 2007, Israel Prime Minister’s Office website, 6 May http://www.pmo.gov.il/PMOEng/Archive/Cabinet/2007/05/govmes060507.htm - Accessed 18 November 2008.

16. Speck, Andreas 2003, ‘Conscientious objection to military service in Israel: an unrecognised human right’, War Resisters’ International website, 3 February http://wri- irg.org/pdf/co-isr-03.pdf - Accessed 24 January 2006.

17. Gordon, Neve 2008, ‘Sahar Vardi: An Israeli Refusing to Oppress’, The Palestine Chronicle, 31 August. (FACTIVA)

18. Speck, Andreas 2008, ‘ISRAEL: COs Sahar Vardi and Raz Bar-David Varon sentenced to 21 days in prison’, War Resisters’ International website, 5 November http://www.wri- irg.org/news/alerts/msg00122.html - Accessed 14 November 2008. (\\melsrv1\melref\internet\isr34012.we6.doc)

19. Levy, Yael 2008, ‘Conscientious objector to IDF service jailed’, Ynet News, 20 August. (CISNET Israel and the Occupied Territories CX208493)