Mobilized via 'Tzav 8' abroad: Court orders Ministry of Defense to compensate reservist
A reserve officer traveled from Prague to Israel via a complex route after receiving an emergency call-up. The court ruled against the Ministry of Defense's refusal to reimburse him, criticizing the use of 'secret procedures' not found in the official bylaws.
The Tel Aviv Small Claims Court has ruled in favor of a reserve officer who was called up via a 'Tzav 8' (emergency call-up order) while abroad, ordering the Ministry of Defense to pay him 6,000 shekels, including legal costs, to cover his travel expenses.
In his ruling, Judge Avim Barkai determined that the state had imposed conditions on the assistance fund's bylaws that were not present in the official text, relying instead on unpublished procedures. The court affirmed its authority to hear such claims, which are based on the state's contractual obligations.
The plaintiff was in Prague when he received an emergency call-up order on June 14, 2025. After his original flight was cancelled, he secured a complex alternative route via London, Larnaca, and Aqaba to report for duty. The total cost of the journey was 5,659 shekels.
The Ministry of Defense's assistance fund denied his reimbursement request, demanding a "report from a commander at the rank of Colonel or higher regarding the necessity of the call-up." The plaintiff argued that this requirement was not in the bylaws at the time of his mobilization and that the decision was based on new, unpublished conditions.
The Ministry of Defense argued that the Small Claims Court lacked jurisdiction, characterizing the issue as an administrative dispute. They claimed that when a significant gap exists between the call-up and the actual arrival, the necessity of the return must be verified. In this case, approximately six days elapsed between the order and his arrival.
Judge Barkai rejected the state's jurisdictional argument, noting that the bylaws explicitly promise compensation for reservists called up via 'Tzav 8'. "The commitment is clear and unequivocal," the judge stated, adding that there is no provision requiring a reservist to justify their own call-up.
The judge harshly criticized the use of "secret and non-transparent procedures" outside the official bylaws. He noted that if the military doubted the necessity of the call-up, the issue should be addressed with the commanding officer who issued the order, rather than penalizing the soldier who "moved heaven and earth" to report for duty.
The court ordered the Ministry of Defense to pay 5,000 shekels—the maximum amount permitted by the bylaws—plus interest and 1,000 shekels in legal fees. The remaining 659 shekels of expenses will be referred to the exceptions committee for further review.
