Israeli High Court Upholds IDF Passover Policy in Landmark Ruling

The Lawfare Project (“LP”) is proud to announce a decisive legal victory in Israel’s High Court of Justice, which has affirmed the Israel Defense Forces’ (IDF) authority to prohibit chametz (leavened foods) on bases during the holiday of Passover, including in private living areas. In Bagatz 8420/21 (Galit Hanabbi Alnakawa et al. v. IDF & Minister of Defense), Justice Gila Kanfi-Steinitz ruled that the IDF’s policy is lawful and proportionate under Israel’s Basic Law: Human Dignity and Liberty.

This historic decision safeguards Jewish tradition and unit cohesion within the IDF, ensuring that religious soldiers can serve without compromising their dietary observances.

LP supported the defense of this policy by filing an amicus brief through its Israeli counsel, Adv. Guy Busy, founding partner of Busy, Negbi, Aviani, Cohen, Eyal & Co. The brief was submitted on behalf of a coalition of pre-military and yeshiva organizations—including the Pre-Military Preparatory Council, the Higher Yeshivot Association, and the Hesder Yeshivot Association—representing institutions that prepare tens of thousands of young Israelis for IDF service.

In 2021, NGOs such as the Secular Forum and Hiddush petitioned the High Court to strike down the IDF’s Passover policy. They sought to allow chametz on bases, including private quarters, framing the issue as one of civil or human rights.

Had the petition succeeded, it would have infringed upon the religious freedom of countless observant IDF soldiers, discouraged their participation during Passover, and undermined Israel’s Jewish character by portraying the longstanding prohibition of chametz during the holiday—a tradition observed by the overwhelming majority of Israeli Jews, both religious and secular—as a violation of rights.

The Court unanimously rejected the petition, affirming that the IDF may uphold kosher standards across bases during Passover to preserve the dignity of observant soldiers and to maintain cohesion in shared living spaces. The Court emphasized that any impact on personal autonomy is limited in scope, temporary in duration, and justified by operational necessity and the importance of kosher observance during the holiday.

This ruling is more than a procedural victory—it is a resounding affirmation of Israel’s collective Jewish identity. It ensures that observant soldiers can serve fully and without compromise, while reinforcing the values of unity, tradition, and respect across the IDF.

Thanks to the support of our community, The Lawfare Project continues to defend the civil and human rights of the Jewish people in courtrooms around the world. We are grateful to stand with you in this vital mission.