The Israel Defense Forces informed the High Court of Justice Wednesday it would no longer search soldiers and their personal belongings as part of Passover preparations on military bases.
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The move follows a petition submitted to the court by a group of 14 parents to IDF soldiers and those set to enlist in the Israeli military as well as nongovernmental organization Hiddush, which works toward religious freedom and equality, and the Secular Forum.
The petition demanded the cancellation of the ban on leavened bread and goods known as chametz on IDF bases during the Passover holiday. The petition demanded soldiers be allowed to have and consume non-kosher food outside of areas where the military prepares and serves food.
Represented by attorneys Uri Regev and Sagi Agmon, the parents told of incidents in which soldiers were forced to allow searches of their belongings and lockers for unleavened bread. The parents further demanded a temporary order be issued banning the IDF from searching soldiers' persons or personal property and banning restrictions on soldiers' right to consume leavened food items in the week leading up to Passover.
Ahead of a hearing on the issue Monday, the state responded by expressing opposition to allowing leavened goods on military bases and their consumption there but noted the IDF intended to refresh guidelines for chametz searches and clarify the IDF does not conduct proactive inspections of the personal belongings of soldiers entering military sites or their persons to locate chametz. It said the point would be clarified to IDF commanders ahead of the coming Passover holiday.
It said that "insofar as individual complaints are received regarding the implementation of the said directive, they will be dealt with by the relevant IDF bodies."
Regev, who also serves as the head of Hiddush, welcomed "the fact that even before the clarification of the petition, the IDF decided to halt its illegal invasion of the privacy of IDF soldiers and stop the … humiliating searches they conducted across many bases for many years.
"This is an important yet insufficient first step, and we will therefore continue our struggle in the High Court of Justice against the rabbinate's dictates and the unit commanders' unconditional response to these dictates. The realization of the principles of solidarity and unity in the military cannot come in the form of coercion and humiliation, but rather through the recognition and acceptance of the variety of populations in the IDF."
Secular Forum Chairman Dr. Ram Fruman said: "The IDF is continuing its approach that prioritizes the rights of religious soldiers and ignores the rights of secular soldiers. In the eyes of the military, freedom of religion means religious coercion and the erasure of the value of freedom from religion, and of course, secular soldiers must be respectful and considerate [of others].
He said, "It's amazing that the military is claiming these searches for chametz, including of their personal belongings, are not common practice. Almost everyone who has served in the IDF over the last decade is familiar with these humiliating searches. The statement about clarifying procedures is insufficient as we have learned time and again that the IDF seemingly clarifies procedures, but the humiliation and harm to privacy continue on the ground."
In a statement, IDF officials said: "In the state's response to the petition submitted to the High Court on the subject, the considerations underlying the orders banning chametz on military bases on Passover were clarified. It was also made clear that the orders were issued lawfully and authoritatively, and that following a comprehensive assessment by the IDF, they were found to be necessary for maintaining the kashrut of food served to IDF soldiers over Passover, and there is no room to change them.
"As part of the response, it was made clear for the avoidance of doubt and in response to the allegations raised that there is no policy of proactive searches of the personal belongings of those entering military bases, including searches of soldiers' bags or persons to locate chametz during the Passover holiday period. It was noted that the IDF would issue a clarification of the issue."
The religious Zionist NGO Ne'emanei Torah Va'Avodah, meanwhile, congratulated the IDF on "the welcome cooperation between the Military Rabbinate, the Technology and Logistics Division, and the Military Prosecutor's Office, in the administrative work toward maximum verification of the kosher food in the IDF and its Jewish character, while ensuring soldiers' wellbeing and optimal response to service conditions and believe the continued attentive and tolerant administrative work will also result in appropriate solutions for the kitchenettes issue. We are also happy that the IDF continues to be kosher in every sense, and that without performing an activity that harms an individual's privacy such as unnecessarily rummaging through bags."
In a statement, Maj. Gen. (res.) Gershon Hacohen, a member of Habithonistim–Protectors of Israel movement of security forces personnel advocating for Israel's future security needs, said: "The IDF is a public space and a stately symbol of the Jewish state. The Passover holiday and its observation of the prohibition on chametz are some of the cornerstones of the State of Israel's heritage. The state's response to the High Court of Justice on this issue is a blow of the first degree to the IDF spirit as the people's army. It is true that in the IDF, non-Jewish soldiers serve alongside [Jewish soldiers], and they are deserving of great respect, but they also know to appreciate the IDF's uniqueness as a Jewish military. This decision not only harms IDF soldiers who observe Jewish customs but harms the Jewish people's identity in Israel and the Diaspora as the Jewish people's army."
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