Torah, War, Politics, and the Supreme Court: The 2024 Military Service of Ultra-Orthodox Yeshiva Students Bill

Moshe Jaffe is a constitutional law adjunct professor at the Academic Center of Law and Science in Israel and an adjunct professor at Cardozo School of Law. He is also a SJD candidate at the University of Michigan Law School.

Introduction

The tragic events of 7 October and the subsequent war in Gaza have reignited longstanding tension in Israel regarding the draft of Ultra-Orthodox yeshiva students. This issue has been impacted as well by recent rulings of the Israeli Supreme Court, which have brought the matter back into public debate. This post aims to simplify this extremely complex issue and guide the reader through developments leading to the recent bill currently being considered by the Knesset. Given the brevity of this post, its focus is on recent developments and specifically on the 2024 bill rather than a comprehensive historical review.

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The Right to Be Proselytized Under International Law

Ryan Cheney is a 2024 JD/MPA graduate of Brigham Young University and an incoming attorney at Boyack Christiansen Legal Solutions. This post is based on an article published in the BYU Law Review.

Legal arguments and academic discussions about proselytism tend to focus on the right of the proselytizer to proselytize and on the right of the “proselytizee” to be free from such “interference.” Sometimes proselytism is criticized on the grounds that it interferes with a person’s religious rights or with the integrity of the person’s religious community.[1] However, if proselytism is restricted and people are thereby prevented from being “being proselytized,” a noteworthy result is that fewer people hear proselytizers’ messages and adopt new religions or beliefs. Of course, some people will prefer not to interact with proselytizers. However, many individuals listen to and accept proselytizers’ messages.[2] By depriving them of the opportunity to choose whether to listen to and accept proselytizers’ messages, might proselytism restrictions infringe on individuals’ rights?

I argue that such restrictions in fact do violate individuals’ rights under international law because international law protects a right to be proselytized.

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Religious and Anti-religious Hatred: Reflections on the January 2024 Report of the UN Special Rapporteur on FoRB

Nazila Ghanea, UN Special Rapporteur on Freedom of Religion or Belief

In January 2024, UN Special Rapporteur on freedom of religion or belief (FoRB) Nazila Ghanea published a new thematic report titled “Hatred on the Basis of Religion or Belief.” The theme chosen by the Special Rapporteur could hardly be more topical: the report was issued against a trending backdrop of social hostilities toward religious minorities in many parts of the world, where governments and/or influential social actors inspire, encourage, and incite hatred against small and unpopular religious communities and other vulnerable groups.

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