The High Court of Justice rules unanimously to annul the government’s policy prohibiting the Red Cross from visiting Palestinian security prisoners, stating that it is not supported by Israeli or international law.
The court rules that the state failed to present a legal foundation for its blanket policy of denying the Red Cross visiting rights to prisoners, which it allowed before the October 7, 2023, Hamas invasion, despite “innumerable opportunities” and extensions given by the court to the government to do so.
The court also notes that the central justification by the government for its ban was previously that the Israeli hostages held by Hamas in Gaza were being denied Red Cross visits, but notes that the last hostages were released in October of last year.
It says, therefore, that the state must allow visits by Red Cross representatives to security prisoners and transmit information about their status, although it does not mention a timeframe at all.
The decision was issued by Supreme Court President Isaac Amit, Deputy Supreme Court President Noam Sohlberg and Justice Daphne Barak Erez, the three most senior judges on the court.
The government imposed a blanket ban on Red Cross visits following the October 7 attacks, and petitions were filed by human rights groups against the decision in February 2024. The court gave the state numerous extensions during the course of the case, and previously appeared reluctant to rule on what was an explosive issue due to the ongoing captivity of the Israeli hostages.
Barak Erez, who wrote the principal opinion for the court, says explicitly that it was “hard to countenance” the situation in which Israel’s hostages were suffering from severe conditions in Gaza without access to Red Cross visits, while some of those involved in the October 7 attacks were seeking such access.
She says, however, that under the current circumstances, the court does not need to deal with this “dilemma,” although she notes that “obligations under international law stand regardless of reciprocity.”
The petitioning organizations, led by the Association for Civil Rights in Israel (ACRI), lament the long-delayed decision, but express hope that the ruling will restrain what it says is “abuse” of prisoners at the hands of the Israel Prison Service.
“The situation in the prisons and military detention facilities is appalling. Since the beginning of the war, horrific testimonies have been received about the abuse, violence and starvation of Palestinian prisoners, without exception,” says Oded Feller, an attorney for ACRI.
“We regret that the legal process has taken so long. We hope that the return of the Red Cross to the prisons will finally lead to a curb on the abusive policies of the Prison Service.”