Update to ISR14711 of 22 July 1993 and ISR41569.E of 10 June 2003 on the penalties for an individual who left the country for months or years beyond the time permitted by the military authorities, and possibilities of extension of date of return (2003-April 2005) [ISR43490.E]

War Resisters' International (WRI) noted that its February 2003 report Conscientious Objection to Military Service in Israel: An Unrecognised Human Right was still valid as of February 2004 (WRI 15 Feb. 2004). As mentioned in ISR41569.E of 10 June 2003, the 2003 WRI report outlines penalties for avoiding military service under the Israeli National Defence Service Law, including a prison term of up to five years for "attempting to evade military service." For a complete list of infractions and penalties for avoiding military service, please consult ISR41569.E of 10 June 2003.

The US Consular Information Sheet for Israel, the West Bank and Gaza reported that "Israeli citizens, including dual nationals, are subject to Israeli laws requiring service in Israel's armed forces" (US 7 July 2004). In addition, those individuals who have not regularized their military service situation "may not be able to leave Israel without completing military service or may be subject to criminal penalties for failure to serve" (ibid.). Foreign Affairs Canada's Travel Report for Israel, the West Bank and Gaza also mentioned that "Israeli law requires Israeli citizens to enter and leave the country on an Israeli passport and to show proof of military status upon their arrival" (Canada 23 Mar. 2005).

According to the Website of the Embassy of Israel in Ottawa, military service is "obligatory" for "citizens of the State of Israel, whether they are residing in or out of Israel, even if they have another nationality," and permanent residents, "even if they are not Israeli citizens" (Israel n.d.).

However, the Website of the Embassy of Israel in Ottawa also outlined procedures for those wishing to defer military service, which involves applying in person at a consulate, presenting Israeli and foreign passports of the individual and family members, and filling out and signing at the embassy three forms that are available on the embassy Website (ibid.). The first two forms pertain to "registration and personal request from military service," while the third is a request for deferment; however, this last form is only available in Hebrew (ibid.). The three downloadable forms have been attached to this Request.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References


Canada. 23 March 2005. Foreign Affairs Canada. Travel Report. "Israel, the West Bank and Gaza." http://www.voyage.gc.ca/dest/reportPF-en.asp?country=135000 [Accessed 20 Apr. 2005]

Embassy of Israel, Ottawa. n.d. Consular Services: Arrangements of Military Status. "Army Status Deferments and Releases." http://ottawa.mfa.gov.il/mfm/web/main/document.asp?SubjectID=40269&MissionID=13&LanguageID=0&StatusID=0&DocumentID=-1 [Accessed 19 Apr. 2005]

United States (US). 7 July 2004. Department of State, Bureau of Consular Affairs. "Consular Information Sheet: Israel, the West Bank and Gaza." http://travel.state.gov/travel/cis_pa_tw/cis/cis_1064.html?css=print [Accessed 20 Apr. 2005]

War Resisters' International (WRI). 15 February 2004. "Court Martials Against Conscientious Objectors in Israel." http://www.wri-irg.org/news/2004/israel0204-en.htm [Accessed 20 Apr. 2005]

Attachments


Embassy of Israel, Ottawa. n.d. Consular Services: Arrangements of Military Status. "Army Status Deferments and Releases: The Procedure - Part 1." http://ottawa.mfa.gov.il/mfm/Data/69908.pdf [Accessed 20 Apr. 2005]

____. n.d. Consular Services: Arrangements of Military Status. "Army Status Deferments and Releases: The Procedure - Part 2." http://ottawa.mfa.gov.il/mfm/Data/69909.pdf [Accessed 20 Apr. 2005]

____. n.d. Consular Services: Arrangements of Military Status. "Army Status Deferments and Releases: The Procedure - Deferment Form." http://ottawa.mfa.gov.il/mfm/Data/46742.pdf [Accessed 20 Apr. 2005]

Additional Sources Consulted


Two oral sources did not respond within time constraints

Internet: Center on Conscience & War, Country Reports 2004, Freedom House, Human Rights Watch, The Jerusalem Post, Jewish Peace Fellowship, New Profile, Refuser Solidarity Network.

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