Years Since the Alice Miller Case Ruling 30

The most significant turning point in the integration of women into the Israeli Defense Forces (IDF) occurred with the ruling of the High Court of Justice in the Alice Miller petition (1995) and the subsequent amendment to the Security Service Law (2000).

Alice Miller filed her petition to the High Court of Justice after the IDF rejected her request to apply for a pilot course solely because she was a woman. The Court ruled that women have the right to equality in military service, both formally and practically, and that the IDF's policy of preventing women from serving as pilots merely due to their gender was invalid. This ruling had a profound impact on the units that the IDF was required to open to women, including those that had been traditionally male-dominated. The shift instigated by this decision was not limited to procedural matters. In its ruling, the Court instructed the IDF to integrate women not only based on security and defense needs but also as part of a commitment to the principle of equality.

As stated by Justice Strasberg-Cohen in the ruling:

"In a conflict between the value of equality and the value of national security, derived from the needs of the military, national security may be regarded as a superior value, with higher standing than equality, despite the importance of the latter. However, national security is not a magic word, and its superiority does not apply in every case, under all circumstances, nor at every level of security or its violation."

She further remarked:

"A society that upholds its fundamental values and the basic rights of its members must be prepared to pay a reasonable price to ensure that the principle of equality does not become an empty tool."

On January 1, 2000, following the Court's ruling, an amendment to the Security Service Law was enacted, establishing that women have an equal right to fulfill any role within military service unless the nature of the position inherently requires otherwise. The first role made available to women was that of pilot, followed by the gradual opening of other positions, such as navigators, border patrol fighters, anti-aircraft soldiers, Caracal Battalion fighters, and airborne medical personnel.

At that time, it appeared that the IDF was committed to advancing meaningful service opportunities for women. Consequently, Major General (Res.) Yehuda Shegev was appointed to head a committee tasked with evaluating the design of women's service in the IDF for the upcoming decade. The committee published its recommendations in September 2007, establishing the guiding principle for the classification and placement of women as "the right person in the right place." This principle stipulated that "both men and women should be utilized in service equally, based on relevant criteria reflecting the IDF's needs, their capabilities, and personal qualities, rather than their gender." The committee also determined that "no positions or units should be categorically closed to either men or women."

However, many of the report's recommendations were not implemented, and the expected transformations were met with disappointment.

Now, 30 years after the Alice Miller ruling, we pause to reflect on the journey of women’s service in the IDF. From the groundbreaking ruling that opened combat roles to women, to the gradual inclusion of roles previously reserved for men, the change has been substantial. Yet, significant challenges remain. Despite the considerable progress made on both legal and practical fronts, there remains a noticeable gap between the declared principle of gender equality and the reality on the ground. Cultural and structural barriers continue to require our ongoing efforts. The 30 years since the ruling serve as a testament to the courage and determination of the women who broke barriers, and as a renewed call to continue the fight for full gender equality in the fields of security, foreign affairs, and beyond.