Zonstien v. Military Advocate General

HCJ 7622/02 (2002)

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Zonstien v. Military Advocate General

Israel Supreme Court
HCJ 7622/02 (2002)

Facts

A group of reservists in the Israel Defense Forces were ordered to report for duty to provide military services in a politically contentious area. The reservists refused to serve in that area, claiming that they had conscientious objections to Israel’s military activity there. The reservists were all convicted of refusing to comply with military orders and sentenced to a range of 28 to 35 days of confinement. Seven of the reservists (plaintiffs) asked the military advocate general (defendant) to vacate their judgments, arguing that the orders were (1) illegal because Israel’s military activity in that area was illegal and (2) invalid because the orders violated the reservists’ right to freedom of conscience. The military advocate general refused the request, finding that the military activity was legal and that selective conscientious objectors, i.e., people who objected to selected forms of military service instead of all military service, did not have a right to refuse to obey military orders. The seven reservists petitioned the Israel Supreme Court for relief from their convictions.

Rule of Law

Issue

Holding and Reasoning (Barak, J.)

Concurrence (Beinisch, J.)

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