TEL AVIV, Israel (AP) — In a highly rare exercise of wartime legal restraint, Israel’s Supreme Court ruled Sunday that the Israeli government has deprived Palestinian detainees of even a minimum subsistence diet and ordered authorities to increase the amount and improve the quality of food served to these inmates.
The ruling stands out as the Israeli judiciary typically does not challenge government actions, particularly during the ongoing Israel-Hamas conflict, which has persisted for nearly two years.
This decision follows the deadly Hamas attack on October 7, 2023, that killed approximately 1,200 individuals in southern Israel. In response to the attack, the Israeli government has detained numerous Palestinians from Gaza and the West Bank, citing security concerns.
Many of these detainees have been held for long periods without trial, leading to protests from human rights organizations regarding the deplorable conditions in crowded prisons, including inadequate food and medical care, coupled with hygiene issues such as scabies outbreaks.
The Supreme Court's panel found that the Israeli government has a legal obligation to provide Palestinian detainees with three meals daily, emphasizing the need for these prisoners to have a basic level of nourishment.
The court's ruling also supported the claims made by the Association for Civil Rights in Israel (ACRI) and Gisha — two Israeli human rights groups that had petitioned against the government’s policies regarding the deprivation of food.
“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 at least 61 deaths in Israeli custody since the commencement of the war, with some detainees allegedly succumbing to starvation.
Israeli National Security Minister Itamar Ben-Gvir reacted vehemently against the ruling, asserting that he would maintain the current policy of providing only the minimum legal conditions for prisoners. He criticized the Supreme Court, suggesting that it was shameful to prioritize detainees over Israeli hostages in Gaza.
Following the ruling, ACRI urged immediate compliance, arguing that the conditions in Israeli prisons resemble “torture camps” and underscoring that depriving inmates of food is fundamentally unjust regardless of their offenses.
“A state must not starve people,” the organization remarked on social media, reinforcing the ethical imperative to ensure humane treatment for all individuals.
