Israel’s highest court has ruled that the Israeli government has neglected to provide Palestinian security detainees with sufficient food for basic sustenance and has ordered authorities to enhance their nutritional provisions. This ruling stands out as an uncommon instance where the Supreme Court has ruled against the government’s actions during the ongoing conflict lasting almost two years.
Since the commencement of the conflict, Israel has detained numerous individuals in Gaza suspected of affiliations with Hamas. Many have been released without formal charges, often following extended periods of detention. Reports from human rights organizations have revealed widespread mistreatment in prisons and detention centers, encompassing inadequate food and healthcare, unsanitary conditions, and physical abuse. In a tragic incident in March, a 17-year-old Palestinian inmate perished in an Israeli prison, with medical professionals attributing starvation as the primary cause of death.
The recent court decision stemmed from a petition filed last year by the Association for Civil Rights in Israel (ACRI) and the Israeli organization Gisha. These groups contended that a post-conflict alteration in food policies had led to malnutrition and starvation among detainees.
Israeli National Security Minister Itamar Ben-Gvir, responsible for overseeing the prison system, previously declared that he had diminished the living conditions of security prisoners to the minimum required by Israeli law. However, in the recent ruling, a panel of three justices emphasized the state’s legal obligation to furnish detainees with sufficient food to ensure a basic standard of living.
The justices, in a 2-1 decision, expressed concerns that the current food supply to prisoners did not meet the legal standard for subsistence. They raised doubts about the adequacy of prisoners’ nutrition and instructed the prison service to take corrective measures to guarantee food supplies that meet the basic subsistence requirements as mandated by law.
Following the court’s ruling, Ben-Gvir criticized the decision, asserting that while Israeli captives in Gaza lack assistance, the Supreme Court is purportedly favoring Hamas militants. He affirmed that the policy of providing prisoners with the minimal conditions stipulated by law would persist unchanged.
ACRI urged for immediate implementation of the verdict, condemning the prison service for transforming Israeli penitentiaries into sites of torment. They emphasized that a state should not subject individuals to starvation, regardless of their actions or circumstances.