Litigating Military Service at Civil Court

Bibliographic Data

ID6235047
AuthorsMenachem Hofnung (0000-0003-2674-609X, Hebrew University of Jerusalem, corresponding author)
Year2009
Volume44
Issue1
Pages97-114
Publication date2009-03-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueAustralian Journal of Political Science (JOURNAL)
Journal identifiersISSN: 1036-1146 • E-ISSN: 1363-030X
PublisherInforma UK Limited (PUBLISHER • GB)
DOI10.1080/10361140802656930
OpenAlexW2075437886
LanguageEN
Citations received1
References cited25

Compulsory military service is perhaps one of the most demanding duties a society may impose on its members. Yet, in the research of civil–military relations, the role of civil courts in imposing such a duty is often neglected. Most of the existing literature regarding compulsory service tends to focus on issues such as conscientious objection and civil disobedience. However, the issue of compulsory military service is bound to evoke conflicting demands from groups and individuals looking to change the existing policies. That being the case, what is the role of national courts in settling such disputes? The findings presented here show that in the past decade the Supreme Court of Israel went through an interesting transformation; namely, from a court enforcing universal conscription policy into an arbitration tribunal used by groups and individuals to attain personal rights and career ambitions. Additional informationNotes on contributorsMenachem HofnungMenachem Hofnung is an Associate Professor in the Department of Political Science at the Hebrew University of Jerusalem and serves as Chair of the Israeli Law and Society Association. I am greatly indebted to my research assistants Avner Tal, Yael Peled, Efrat Pilzer, Noa Ecker and Gil Hertshten for their valuable help. My colleagues Keren Weinshall, Liora Norwich and Sharon Asiskovitch have been especially kind in reading and commenting on earlier versions of this manuscript. Support for this study was received from the Israel Science Foundation and the Levi Eshkol Institute at the Hebrew University of Jerusalem

Arbitration · Business · Duty · Military service · Political science · Service (business · Supreme court · Tribunal · Gender, Security, and Conflict · International Law and Human Rights · Law · Military and Defense Studies