In an uncommon display of judicial restraint during wartime, Israel’s Supreme Court issued a ruling on Sunday, mandating that the government provide Palestinian detainees with an adequate level of food.
The ruling emphasised the obligation of authorities to increase both the quantity and quality of food given to Palestinian inmates who have been deprived of even basic nutrition, reports AP/UNB.
The Supreme Court’s role typically involves advising the government on the legality of its actions, but it has rarely intervened in the conduct of the ongoing 23-month war between Israel and Hamas.
Since the Hamas attack on Israel on October 7, 2023, which led to the deaths of over 1,200 mostly civilians, Israel has consistently rejected international criticism, defending its military actions as necessary for defeating Hamas.
Israel has detained thousands of Palestinians have been detained in Gaza and the West Bank on suspicion of militant activities. Many of those released from detention have reported dire conditions, including overcrowded facilities, insufficient food, lack of medical care, and the spread of diseases like scabies.
The Supreme Court, Israel’s highest judicial body, considered complaints from individuals and organisations regarding the Israeli government’s policies, including restrictions on food and medical supplies to Gaza. In this instance, the court reviewed a complaint filed by two Israeli human rights groups, the Association for Civil Rights in Israel (ACRI) and Gisha, who argued that Israel’s security policies have systematically denied Palestinian prisoners food.
The court’s three-judge panel ruled unanimously that the Israeli government has a legal responsibility to provide three meals a day to Palestinian prisoners, ensuring their survival. The ruling ordered the government to comply with this duty.
In a surprising 2-1 decision, the court upheld the petition by ACRI and Gisha, agreeing with their claims that the food restrictions imposed on detainees have caused widespread malnutrition and even starvation among Palestinians held in Israeli jails.
“We are not speaking here of comfortable living or luxury, but of the basic conditions of survival as required by law,” the ruling stated. “Let us not share in the ways of our worst enemies.”
Palestinian authorities have reported the deaths of at least 61 Palestinians in Israeli custody since the start of the war. In one instance, a 17-year-old Palestinian died in March while in Israeli detention, with doctors citing starvation as the likely cause of death.
Israeli National Security Minister Itamar Ben-Gvir, who is in charge of the prison system, responded to the ruling by criticising the court’s decision.
Ben-Gvir, a far-right ultranationalist leader, questioned the judges’ loyalty to Israel, arguing that while Israeli hostages in Gaza are without help, the court was defending Hamas in a manner that embarrassed the nation. He insisted that the policy of providing only the minimal food conditions required by law would remain in effect.
In response, ACRI called for immediate implementation of the court’s verdict. The organisation posted on social media, condemning Israel’s prison system as “torture camps.” “A state must not starve people,” ACRI stated. “People must not starve people — no matter what they have done.”
