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Stopping the reservists' volunteering - the coup d'état - the legal and moral significance • Commentary

Every volunteer reservist is a reservist for all intents and purposes.
He may cancel his volunteering agreement for the reserves, but not if he received an order to report before canceling his volunteering.


Until the struggle for legal reform, there were clear codes of defense of the homeland without sector differences. The State of Israel, which is surrounded by over 400 million Muslims, in over 20 countries, with a population of 7 million Jews, cannot function in war, when politics is mixed with military service.

Soldiers - those photographed have nothing to do with the subject of the article (photo: IDF spokesperson)

Violation of the fundamental contract between the state's leadership and its citizens

The opponents of the legal reform claim the violation of the fundamental contract between the leadership of the country and those who give their lives to defend the homeland. According to them, this is a move to concentrate absolute power in the hands of the Prime Minister and the executive branch, with the aim of dwarfing the position and ability of the judiciary, taking over the legislative branch, and turning Israel into a dictatorship. According to them, such a course of reform is contrary to the values ​​of the Declaration of Independence, and that these values ​​make their desire to give their lives to their homeland unnecessary.

The defenders of the land - those who walk before the camp

Ruhama Matlon wrote:
There is something true about loyalty, because loyalty is a connection, it is a connection, it is a statement - I am with you, and when I am loyal....in friendships....in the community...., I help others to trust me, and when we trust we are safe and when we are safe We are safe, calm, quiet.
And that's a lot!

Chaim Gori wrote the following poems following the War of Independence:
"Bab al-Wad..."
And I'm walking, passing here deaf deaf
And I remember them one by one.
Here we fought together on cliffs and rocks
Here we were together as one family.

Bab al-Wad…

A spring day will come and the plants will bloom,
Red anemone in the mountains and in the mountains.
The one who will walk the way we walked
Let him not forget us, us in Ab al-Wad.

Bab al-Wad…

Song of Evil:
But we will remember them all
You are the beauty of the crystal and the degree
Because such evil is forever
You will not let our hearts forget
Love is sanctified in blood
You will return among us to bloom.

We will leave you without words
Stubborn and silent gray
From the great horror nights
You remain bright and on.

The bad guys are all yours
Again in your name we will smile and go
Because bad people who fell on their sword
Your life was left to the memory of…

Termination of defense of the homeland

After the rise of the new government and the immediate moves that led it to carry out the legal reform - clear codes were created for soldiers who volunteer to serve in reserves in the IDF, in the direction of ending the defense of the homeland.

Below are several examples of soldiers and officers in the reserves, who are threatening not to report for reserve service, if the legislation continues: reservists from Sledg, units of reserve personnel 8200 (more than 1,100 graduates of 8200), the special operations array, the offensive cyber, the medical corps, pilots from the 69th squadron of Air Force, about 420 reservists from the 13th Fleet and more.

Chief of Staff Herzi Halevi says: "These days oblige us to focus on the security mission and the cohesion that supports it, we do not have the authority in the current reality not to show up for every challenge and mission."

Herzi Halevi hints against the refusals?: "...we do not have the authority not to show up for any task..."

Law on Reporting to Reserve Service

The law refers to two main types of the reservist population:
The first population - mandatory: Soldiers and officers in compulsory reserve service until the age of exemption. These are soldiers who are required to enlist until they reach the age of exemption. The state has the ability to mobilize them at any time. According to the law, they do not meet the definition of "volunteers". Soldiers are generally required to serve until the age of 40 and officers until the age of 45. In certain and exceptional cases, there are soldiers and officers who are required to serve until the age of 49.

The second population - the volunteers: Soldiers and officers who volunteered for the reserves, after passing the age of exemption from service in the reserves and decided to volunteer even at a late age and serve in their units, alongside the younger ones.

A reservist applying to volunteer

That reservist beyond the age of exemption from mandatory reserve service, submits a request to the IDF to volunteer for the reserve service, he fills out an application form (Reserve Service Law, Order 31.0813, Appendix A). In the form, he undertakes and is aware that every military veteran who is part of the reserve forces is legally eligible. Obliged by the rights and duties due to his volunteering, that is: he is considered a reservist and is aware of the expected punishment due to failure to report to the reserve as a full-fledged soldier.

From the moment he volunteered for the reserves, the soldier is considered by the IDF as a reservist for all intents and purposes. Therefore, this does not constitute a legitimate refusal, but a violation of the Security Service Law (combined version), 1986 XNUMX"
However, as stated in the regulations, the volunteer may submit in writing to the unit commander his desire to cancel his volunteering for the service before the end of the period specified in the declaration of volunteering.

If so, the government has the ability to force soldiers and officers to come to the reserves if they have received an order to report, but if they cancel their volunteering in advance without receiving an order to report to the reserves, then the government has no ability to force them to serve in the reserves.

Summary of the law relating to volunteers
(after the exemption age or for other reasons)

a) Security Service Regulations (volunteering for security service), 1974-XNUMX (source: Nevo website)
Conditions for accepting a volunteer for reserve service:
Those who are not required by law to be in reserve service and volunteered for service in the reserve forces of the Israel Defense Forces, will be accepted for service in the reserve forces and may be called up for reserve service until the end of the volunteer period, if he fulfills all of the following conditions:
(1) has reached the age of 17 but not 18 and his parents or guardian have given their consent to his volunteering, or has reached the age of 18;
(2) (a) found fit for service in accordance with the second chapter of the law; or
(b) is found to be unfit for service or temporarily unfit for service in accordance with the second chapter of the law and a military doctor has confirmed, taking into account the volunteer's health condition and the position assigned to him in the reserve service, that he can be accepted for reserve service voluntarily, with or without reservations, all as determined by the military doctor;
(3) submitted a signed statement in which he requests to be admitted to reserve service, including reserve service according to section 26 of the law, for the period specified therein, provided that this period is not less than 24 months.
(4) The Minister of Defense approved his volunteering.

Cancellation of volunteering

  1. Volunteering for service in the reserve forces will be canceled if one of the following occurs:
    (1) The volunteer notified the unit commander in writing of his desire to cancel his volunteering for service before the end of the period specified in the volunteering statement;
    (2) The period specified in the declaration of volunteering has expired.

b) Declaration of volunteering for reserve service in the IDF

According to section 17 of the Security Service Law (combined version), 1986 (hereinafter: "the Law") and Security Service Regulations (Volunteering for Security Service), 1974-XNUMX.

Part I - Declaration of the volunteer
I the undersigned…… hereby declare:
1. Since I am not obligated to serve in the security service according to the law, and I have a desire to serve, I hereby request to volunteer for service in the reserve forces of the Israel Defense Forces for a period beginning on _ and ending on July 15 in the year
3. I know that if my volunteering is approved, I can be called by order to report to reserve service for periods of service, to which any military veteran who is part of the reserve forces can be called, according to sections 28, 29 and 34 of the law.
4. I am also aware that during the entire period of service according to my volunteering, I will be considered a soldier, who belongs to the reserve forces of the IDF for all intents and purposes, and all the rights and obligations applicable to reservists in the IDF will apply to me, according to all laws and matters, and according to Army instructions.

Only after enlisting in the trinity - the volunteer is a soldier for all intents and purposes

I completely agree with Israeli military-society relations researcher Dr. Eil Levin that a soldier must fulfill all his duties, whether the order makes more sense to him or whether it makes less sense.

Any soldier can drop out for one reason or another, but after enlisting in the trinity - the volunteer is a soldier for all intents and purposes and has unconditionally and unreservedly accepted the yoke of the IDF's discipline, and vowed to dedicate and even give his life to the defense of the homeland and the freedom of Israel. That's why every reservist who leaves the army - renounces the oath by which he wears a uniform for the defense of the homeland.

Abandonment is also a violation of a moral obligation to Israeli society and an abandonment of dedication and sacrifice in the military service to the country and to the comrades who serve, despite the dangers. This was seen as a violation of Israel's security and the disloyalty of the comrades in arms.
Summary:

Abandonment of the Zionist idea

The decision to stop volunteering for reserve service is not refusal. It's much more than that.
In my opinion, this is the crossing of a bright red line and the abandonment of the Zionist idea - that the State of Israel will be established in Eretz Yisrael, which will surely be inhabited.
And worst of all, the internal rift in the nation and the widespread protest are not hidden from the eyes of Israel's enemies, weakening the Israeli deterrence power and reducing national resilience. All of these harm the level of national security of our country.

contact: At watsapBy email

Dr. Jacob Rob
Dr. Jacob Rob
Dr. Jacob Rob - a restless retiree

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12 תגובות

  1. We are all united for the sake of the State of Israel. good week

  2. The numbers of conscription in recent years is huge and there has already been talk of reductions because there is no room for everyone.
    In the Knesset elections, the majority of regulars constitute a right-wing voice, not to mention right-wing.
    As for the reservists, everyone already knows that in recent decades there has been a decrease in compliance with the reservists, and you can completely understand them, they are mostly married people with children and busy with their day-to-day lives.
    The media amplifies and exaggerates the voices of the evasive military maniacs, some of whom themselves take a political ride for their lack of desire and desire to reach the reserves.
    The state and the army here, in my opinion, are making a serious mistake, we are probably talking about a few hundred, it would have been nice if they had finished their reserve service and saved money and logistics for the army and along the way strengthened the loyalty to the army and removed forbidden political odors from it.

  3. Very interesting article.
    We finally got a full and eloquent explanation.
    Now the consequences of refusal are very clear to us,
    And we will not fall for self-interested and wrong political propaganda.
    with gratitude!

  4. As soon as the title says coup and not reform your opinion is known, embarrassing.

    Lucky Jacob, that you are not the majority.

  5. In their death they commanded us to live in Israel.
    And it doesn't matter under what type of regime, either a meritocracy rule, a dictatorship, or a military government.
    The bereaved families are doing injustice and damage to the IDF fighters who fought for a state for the Jewish people. The system of governance should be adapted to the needs of the existence of the State of Israel. It is not at all certain that democracy is the most suitable here and one thing is clear that the election system here creates a lack of governance and also needs reform, not only the judicial system

    • There are bereaved families who think otherwise. The very publication is an irresponsible act and is inconsistent with journalistic integrity!

  6. What Netanyahu and his government are doing is a coup d'état. So don't confuse the mind with reluctance

    • Wait, but Netanyahu and his government were elected in democratic elections. What is meant by police? This is the regime's method.
      Or do you claim that the regime was all about the rule of the High Court and therefore it is a 'regime coup' of the legislative and executive authorities against the High Court government? The rule of the supreme legal advisor?
      Because they demand that the judgment be according to the law enacted by the Knesset and not that the judgment determine the laws in thousands of petitions a year?!
      You understand that a 'regime coup' is an absurd claim. Just think a little beyond the empty slogans that feed your brain.

  7. excuses. The country does not stop being a democracy and does not start being a dictatorship. Democracy can also be totalitarian (see Prof. Talmon's book). The whole argument and apparent fear that the moves of the government and/or the Knesset have the purpose of bringing us to a dictatorship are certainly no more realistic than the fear that the movement to overthrow the elected government under the guise of a protest will bring us to a different kind of tyranny. A set of legal arguments and dubious interpretation cannot cover all the piles of protest and the argument for the right to "stop volunteering".

  8. Recruit the ultra-Orthodox 150000 parasites I don't want them to pray for me because the prayers have never brought miracles or balm to the people and I have 6 million reasons to prove this and even more hundreds of thousands in the pogroms the prayers and Torah studies helped the rabbis who earned money and respect. Now is the time to fill the ranks with fighting soldiers.

  9. that they will not volunteer, they are not thrifty and not protected if the war breaks out, it is not written on their foreheads ex-reserve or ex-pilot, they are a small handful and some of them stopped serving a long time ago, don't make noise and ring bells if you want, also leave the country, enough of the crazy demonstrators

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