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Israeli Election: Courts and Conscription Divide Voters as Gaza Stance Remains Static

Front-running candidates largely agree on the war in Gaza, but clash over the power of the Supreme Court and the draft requirements for ultra-Orthodox citizens.

By Sarah Montgomery ·

Illustration for: Israeli Election: Courts and Conscription Divide Voters as Gaza Stance Remains Static
Illustration generated for this article, not a news photograph.

Voters in Israel face a decision on Tuesday that separates the leading contenders not on the war in Gaza, but on domestic governance. The frontrunners have largely failed to distinguish themselves on the conflict that began after the October 7, 2023, Hamas-led attack. Instead, the campaign has centered on the role of the judiciary and the conscription of the growing ultra-Orthodox population. The choice is between Prime Minister Benjamin Netanyahu’s hard-right government, which operates with reduced judicial oversight, and a loose coalition of opponents who promise similar policies within existing legal frameworks.

The issue of the two-state solution remains unresolved across the political spectrum. Israel committed to working toward a two-state solution in the Oslo Accords of the 1990s, but few candidates plan to honor that pledge. The current government faces accusations of supporting settler attacks and construction in the West Bank, including the E1 settlement plan. Netanyahu has stated, "there will be no Palestinian state." Gadi Eisenkot of the Yashar party called the concept of two states for two peoples "a mistake." Bezalel Smotrich, Finance Minister and leader of the Religious Zionist party, urged the next government to cancel the Oslo Accords and pursue sovereignty. Yair Golan, leader of the Democrats, argued that a leap to two states is impossible while Israeli society remains in trauma, favoring civil separation instead.

Conscription of the Haredi community has become a central point of contention as the economic and human costs of the wars rise. Netanyahu relies on the Shas and United Torah Judaism parties for Knesset support. Both have demanded legislation to overturn a Supreme Court ruling from June 25, 2024, which shields ultra-Orthodox youth from the draft. After approximately 40 Haredim were arrested this month for avoiding conscription, Netanyahu described the action as "a deliberate attempt to harm the process of drafting Haredim without coercion." Aryeh Deri, leader of Shas, said his party would not join any government without regulations for yeshiva students. Eisenkot framed the election as a choice between "Netanyahu's draft-dodging government" and a government of conscription led by himself. Avigdor Liberman of Yisrael Beiteinu called Netanyahu "a hostage to the draft evaders."

The judicial overhaul serves as another major flashpoint. Days after taking office in 2022, the government unveiled a plan to curb the courts, sparking months of mass protests in 2023 before the war in Gaza interrupted them. The coalition has since passed measures changing judicial appointments. In July, a law stripped Attorney General Gali Baharav-Miara of many powers, allowing the government to reject her legal advice. Both measures are set to take effect after the election. The opposition has vowed to reverse them. The government has also boycotted Chief Justice Isaac Amit. Critics view this as an assault on democracy by a prime minister facing a corruption trial. Justice Minister Yariv Levin describes the election as a historic chance to finish the job. Netanyahu argues that Israel needs "we the people," not "we the judges," and says the judiciary must not crush the Knesset or the executive. Naftali Bennett, co-leader of the Together alliance, pledged to cancel all "legal revolution laws" as soon as the Knesset convenes.

Accountability for the events of October 7 has dominated the campaign, even though the killing of more than 74,000 people in Gaza has been absent from the platforms of the two main alliances. Inquiries into security failures led Chief of Staff Herzi Halevi to announce his resignation in January 2025. A dispute with the prime minister ended with Shin Bet head Ronen Bar leaving in June last year. No comparable inquiry has examined Netanyahu's own role, despite reports that the UAE and Egypt warned him before the attack. Eisenkot said Netanyahu "was warned and did not act" and promised a State Commission of Inquiry. Netanyahu told the Knesset his government wants an inquiry with "as broad public support as possible." The proposed government-led inquiry never reached its final reading and has been deferred to the next session.

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