Case Number

HCJ 7622/02

Date Decided

12-30-2002

Decision Type

Original

Document Type

Full Opinion

Abstract

Facts: Petitioners are reserve soldiers in the IDF, who refused to serve in the Administered Territories. They were subject to disciplinary proceedings, and were sentenced to their respective punishments. The subject of this petition is the decision of the Minister of Defense not to grant the petitioners an exemption from military reserve service.

Held: The Supreme Court held that exemptions from military service may be granted according to the discretion of the Minister of Defense, pursuant to section 26 of the Defense Service Law (Consolidated Version)-1986. The Court held that the question of granting exemptions to military service based on selective conscientious objections involved a delicate balance between the freedom of conscience and the public interest. Here, the public interest was that it was neither proper nor just to exempt part of the public from a general duty imposed on all others. This was especially true when fulfilling the duty subjected a person to the ultimate trial—sacrificing his life. This is certainly true when granting exemptions may harm national security and lead to administrative unfairness and discrimination in specific cases. As such, and under the circumstances, which included the current situation in Israel, the Court held that it saw no reason to intervene in the decision of the Minister of Defense not to grant exemptions for selective conscientious objectors. The balance between the considerations that led the Minister to this decision was, according to the Court, reasonable under the circumstances.

Keywords

Army Constitutional Law -- Conscientious Objection

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