Military law
In Israel, there is a separate court that deals with criminal cases related to violations of military law. The Military Court, also known as the Military Tribunal, hears the cases of both military personnel and civilians accused of serious violations of military law.
Our law office represents the interests of soldiers, as well as citizens who are subject to military conscription in matters related to service in the IDF (Israel Defense Forces), such as:
- resignation from the army;
- conditions of military service;
- exemption from military duty;
- absence from military service;
- drug-related crimes – production, storage, transportation, sale, use;
- weapons crimes – manufacture, acquisition, storage, carrying, sale, use;
- public order, morality and ethics offenses;
- sexual offenses.
In Israel, military service is compulsory for all citizens from the age of 18 to 27, with the exception of some categories that serve voluntarily.
According to the Military Service Act conscripts fall into two categories:
- conscripts who have reached the age of 18 – Israeli citizens permanently residing in the country, and those who live outside the country, they are fit to serve in the army and are not exempt from military duty;
- conscripts under the age of 18 – Israeli citizens permanently residing in the country, and those who live outside the country, reaching the age of 16 years and 4 months, they have not reached the military age and are not exempt from military duty.
After receiving the summons, a conscript must, on a mandatory basis, come to the recruiting office within 21 days. This obligation is enshrined in the law. If the period exceeds 21 days, an evasist is officially declared a deserter.
Draft evasion is a crime and leads to serious consequences, including arrest and conviction. However, this does not relieve the conscript from the obligation to serve in the army. Representatives of the law can arrest an evasist at any time, whether it’s a standard driver’s license check or a passport check at the airport. Therefore, it is very important to resolve all the issues related to military duty in a timely manner in order to avoid unnecessary problems.
At the moment, the term of service in the army is 32 months for men and 24 months for women. Penalties such as arrest, imprisonment or absenteeism without permission are not taken into account when calculating the term of service. For example, if a soldier was absent for 30 days of the service, and then was convicted of desertion and sentenced to 30 days of arrest, the period by which the service will be increased is 60 days, and instead of the prescribed 32 months, he will have to serve 34 months.
It is important to realize that the army is a large and complex mechanism that operates in strict accordance with the law. The rules enshrined in the Law on Military Proceedings, the Law on Military Service and in the orders of the IDF General Staff are fundamental. This is a narrow direction, with many subtleties, most often incomprehensible to an ordinary person who has not dealt with this area before.
It is recommended to contact a lawyer who specializes in military law to confirm that you have a valid reason which, in your opinion, is the basis for release or may affect the conditions of service. Herewith, the moment of appeal is of key importance, since many controversial issues are easier to resolve before the moment of conscription than after it.
For more information, you can contact our law office for a consultation. By contacting us, you can be sure of a qualified defense in the Israeli Military Court.
