The Supreme Court of Israel has ruled that the comprehensive ban on visits by the Red Cross to Palestinian detainees is unlawful. The judges granted a lawsuit filed by civil rights organizations and ordered the reversal of the regulation that had been in effect since October 2023.
This lawsuit challenged both the visitation ban itself and the state’s refusal to provide the Red Cross with information regarding the incarcerated individuals. These restrictive measures were implemented following the Hamas attack on October 7, 2023, and the start of the war in Gaza.
The Court found that despite the sensitivity of the issue and the ongoing war context, the state failed to present a coherent legal basis for the ban. The court described the government’s proceedings as “exceptional” noting that the government repeatedly requested extensions and ultimately furnished insufficient statements. It emphasized that the state was given “countless opportunities” to present a well-founded position but failed to do so. Prior to the war, Red Cross access to security detainees had been a staple of Israel’s detention policy for decades, drawing the Court’s attention to regulations established after the Six-Day War and prison service guidelines from 2002.
Specifically, the case concerned detainees from the West Bank and the Gaza Strip, who were held either in criminal custody, administrative detention, or as illegal combatants under Israeli authority. According to the ruling, the state had primarily relied on a political-military directive rather than a clear legal standard.
The Red Cross has announced its intention to resume visits, reinforcing the importance of “ensuring that detention conditions and the treatment of the detainees” comply with the standards of international humanitarian law. The aid organization stated, “We continue our dialogue with the Israeli authorities to resume our work in the detention facilities as soon as possible”.
In contrast, Israel’s Security Minister, Itamar Ben-Gvir, strongly criticized the ruling. He dismissed the decision as a “shameful ruling by biased judges” who concerned themselves with terrorists while Israeli citizens paid the price of terror. He reiterated his demand for comprehensive judicial reform.
