Observation: Tzav Shmoneh Can Provide Face Saving For Pilots Who Threatened
Not To Volunteer
Dr. Aaron Lerner 24 July, 2023
Tzav Shmoneh (Order 8 of the Reserve Duty Law of 2008) provides a win-win
workaround for the pilots and others who threatened not to do "volunteer
duty if the "Reasonableness" law is passed.
These pilots and their supporters have consistently warned that the State of
Israel would ultimately face a national emergency if they declined to
volunteer for the training flights which maintain their combat ready status.
So there is no point of contention that if they do not participate in
training flights that this would qualify as an "emergency".
The pilots specifically said that they would not "volunteer".
But thanks to Tzav Shmoneh they do not have to "volunteer" to maintain their
combat ready status via training flights.
As each pilot approaches the end of their "combat ready status" window, the
Minister of Defense can issue a Tzav Shmoneh ordering that pilot to perform
reserve duty for the purposes of engaging in training so as to extend their
"combat ready status" window.
Granted it is going to be a lot of paperwork, but this approach allows the
pilots to maintain their dignity as they don't need to back down from their
threat not to "volunteer", with the State of Israel giving them recognition
for their vital contribution by openly stating that it would be a national
emergency if they weren't combat ready.
The following is my translation of this section of the law:
Reserve Duty Law 2008
8. (a) Notwithstanding the provisions of sections 6 and 7, the minister may,
with the approval of the government, in emergency circumstances and after
being convinced that the security of the state requires it -
(1) Call, by order, every reservist to report for reserve service as
stipulated in the order, at the place and time specified in the order, and
to serve in reserve service as long as the order is in effect;
(2) To authorize, by order, a commanding officer or an authorized officer,
to call a reservist to report and serve as stated in paragraph (1).
(b) (1) The Minister is convinced that, due to the urgency of the matter, a
reservist must be called into service according to subsection (a) even
before the government's approval can be obtained, he may, with the consent
of the Prime Minister, call into service in emergency circumstances without
such approval; Acting Prime Minister as Minister of Defense, will consult
with the Acting Prime Minister, if appointed;
(2) The minister has acted according to the provisions of paragraph (1), he
will immediately notify the government, and it may approve the call to
service with or without changes or not to approve; If the government has
approved the call to service, it will be considered as if it had been
approved in advance by the government according to the provisions of
subsection (a); The validity of such a call to service will expire seven
days after the date it was issued, if it was not approved by the government
(c) An order according to subsection (a) or (b) shall be brought by the
minister, as soon as possible and no later than 48 hours from the time it is
possible, for the approval of the committee, which may approve, with or
without changes, not approve, or bring it before the Knesset; The validity
of such an order will expire 14 days after the day it was issued, if it was
not approved by the committee or the Knesset, earlier.
IMRA - Independent Media Review and Analysis
Since 1992 providing news and analysis on the Middle East with a focus on