Israeli Military Lawyer – Resolving Military Status with the IDF | Obtaining exemption from Military Service or Deferral of military service
- Our Israeli Military Law Office provides legal representation to deserters, military draft dodgers, children of immigrants from Israel, returning minors and all others concerned with resolving their Military Status with the IDF.
- In appropriate cases, we resolve our client’s military status by way of obtaining a deferral of military service or a full exemption from Israeli military service.
- Within are areas of practice, we focus on Israeli Military Law. Our legal team includes military lawyers from the Israeli Military Advocate General’s Office, the Military Police and the Israeli General Security Agency (“Shabak”). All our lawyers are certified to appear before the Israeli military courts.
The legal obligation to serve in the Israeli Army
- The legal obligation to serve in the Israeli Army applies to all citizens of the State of Israel in Israel and abroad, even if they have additional citizenship, and even if they were born outside of Israel or permanently live outside Israel. It also applies to permanent residents of Israel even if they are not Israeli citizens.
- A word of warning: The obligation to arrange or resolve one’s military status vis-à-vis the military authorities sits fully on the individual in question, and not the authorities. Evasion of military service is considered a criminal offense and if convicted, the offender will not only be sentenced but also obliged to serve in the military and fulfill his legal duty.
- The longer the evasion period, the more severe the criminal offence is considered. Hence, it is imperative to attempt to resolve one’s army status with the military’s authorities as soon as possible.
The Israeli Military Prosecution – Attorney for Absentees and Deserters
- Within the Israeli Military Prosecution, the Military Attorney for Absentees and Deserters is responsible for dealing with draft evading, deserting and unlawfully absenting from military service.
- In cases of absence from military service, it is the role of the Attorney for Absentees and Deserters to decide whether to bring forward criminal proceedings before a military court, initiate disciplinary proceedings or close the case.
Case study: Our law office resolved the military status of a client that fled Israel and spent years evading military service (AWOL) granting him an exemption from military service
- In this page we present a case study of one of our clients without of course any identifying details. Our legal representation resolved his military status with the IDF.
The case in short:
- The military status of a draft dodger that fled Israel and spent many years unlawfully evading his military duty was resolved by our law office; The client was never arrested, never prosecuted, never punished in any way and was granted exemption from military service, allowing him to freely visit Israel as he pleases.
The case study in more detail:
- The client in this case study is a 29-year-old student living in Germany who approached our law office seeking to resolve his legal status with the Israeli Army.
- The client was born in Kazakhstan and after immigrating to Israel with his parents at the age of 14, received Israeli citizenship.
- When he was almost 18 years old, instead of his fulfilling lawful duty to enlist in the Israeli army, he fled Israel never to return.
- Upon evading military service and not presenting himself for recruitment at his designated time, the client was declared AWOL, a deserter, and a warrant for his arrest upon entry to Israel was issued against him.
- Years later, when the client attempted to resolve his legal status with the Israeli Military by way of approaching the Israeli consulate in Germany, he was denied.
- In brief, the Israeli military responded to his request to resolve his status by stating the following:
- As a rule, the IDF does not negotiate with deserters nor grant their requests.
- Once immigrating to Israel (making “Aliya”) and becoming an Israeli citizen, he is obligated by law to enlist and serve in the Israeli military. That duty stands, as well as the criminal offence of desertion from military service.
- If he seeks to resolve his legal status vis-a-vis the Israeli military authorities, he must return to Israel and bear the consequences of his long-standing offence of desertion. Only after he returns to Israel and stands trial for desertion may he put forward his arguments and pleas regarding his legal status.
- Furthermore, he was specifically told that upon entry to Israel, he will be arrested at the airport and will not be allowed to leave the country before the matter is legally settled.
- In light of these answers, the client turned to us, asking that we provide him with legal representation and attempt to resolve on his behalf his military status, without him having to return to Israel and facing a court-martial
- Our law office received from this young man all the relevant information and documents and submitted on his behalf to the Israeli Military authorities a formal request to resolve his legal status by way of full exemption from military service.
- Within the framework of a special decision, as a supererogation, “beyond the letter of the law” our pleas and arguments were accepted, and the Israeli Military granted our client an exemption from military service. This was achieved:
- Without the client having to return to Israel to resolve his military status.
- Without being arrested upon his entry into Israel and being held until his military status is resolved.
- Without having to serve even one day in military service.
- Without being court-martialed before a military court for the offense of unlawful absence from military service or desertion.
- Without being convicted of a criminal offense that would stain his good name with a criminal record.
- Without serving a single day in prison, nor any other punishment being imposed on him for his long-term evasion from military service.
- Without having to “return” to the army the period during which he served a prison sentence.
- Once his status was resolved and he was granted an exemption from serving in the IDF, the border gates of the State of Israel opened to him and he was free to enter and leave Israel as he pleases.
- Scrolling down this page you may review the decision of the Israeli military authorities to grant our client an exemption from military service, as well as the formal exemption certificate itself.
Israeli Military Law Office Guy Flanter
- We are Israeli military lawyers. Our legal team includes former military prosecutors, State prosecutors, military police and the Israeli General Security Agency (“Shabak”) lawyers. All our attorneys are certified to appear before the Israeli military courts.
- We handle all legal matters relating to resolving military status with the IDF.
- As a general rule, each case falls on its own merits. However, as shown in the example in this page, it may be possible to resolve the client’s military status without the client ever having to set foot in Israel.
Israeli Military law | Resolving Military status with the Israeli Army – IDF | AWOL | Fugitive | Desertion | Evasion from military service | Draft dogging | Unlawful abstention from military service | Exemption from Israeli military service | Deferral of military service
תאריך פרסום המאמר : 21.11.2017