Israeli Supreme Court rules against legality of preventing Red Cross visits to Palestinian prisoners

The Israeli Supreme Court, on Wednesday evening, issued a unanimous and definitive ruling that the government's policy of preventing the International Committee of the Red Cross (ICRC) from visiting Palestinian prisoners in prisons and detention centers is illegal. The court ordered the immediate cancellation of this ban, considering that the measures imposed since October 7, 2023, lack the necessary legal basis for their continuation.

Media sources reported that the court accepted a petition challenging the strict restrictions imposed by the Israeli authorities following the outbreak of the war on the Gaza Strip, which included depriving prisoners of communication with the international committee and preventing the latter from being provided with any information regarding their health conditions or places of detention. Deliberations indicated that these restrictions remained in effect even after Israel recovered a number of its detainees in the Strip.

In the reasoning for the ruling, drafted by Justice Dafna Barak-Erez, the court stressed that the executive authority failed to provide convincing practical or legal justifications to support the continued isolation of prisoners from international oversight. The judge clarified that the court had given the government multiple deadlines to update its position in line with field changes, but the government's responses remained insufficient to prove the legitimacy of this ban.

The judicial body affirmed that the primary pretext initially relied upon by the government was linked to the issue of Israeli detainees in Gaza, but it considered that this link does not constitute a permanent legal basis for depriving Palestinian prisoners of their fundamental rights. The court concluded that the adopted policy starkly contradicts applicable laws and international obligations imposed on the occupying authorities.

For its part, the International Committee of the Red Cross (ICRC) promptly welcomed this judicial decision, affirming its full readiness to resume its humanitarian tasks within Israeli detention centers as soon as possible. The committee clarified in press statements that this ruling restores the اعتبار (credibility/importance) of its pivotal role in monitoring detention conditions and ensuring the treatment of detainees in accordance with international standards approved by the Geneva Conventions.

The ICRC stressed that the Fourth Geneva Convention grants it an inherent right to visit prisoners and conduct private interviews with them without supervision, which represents a fundamental guarantee to prevent violations. It indicated that it would immediately begin coordinating with the relevant Israeli authorities to arrange a schedule of field visits to prisons holding thousands of Palestinian detainees, including those from the Gaza Strip.

Human rights organizations and prisoners had initiated a petition to the court in February 2024, protesting the complete absence of the Red Cross's role and the escalating reports of ill-treatment. This legal action came amidst a wave of international and local criticism of the tragic conditions inside prisons, which witnessed an unprecedented deterioration in the level of medical and living services provided to prisoners.

These judicial developments come at a sensitive time, as the Israeli Prison Service faces increasing accusations of adopting retaliatory policies against detainees since Itamar Ben-Gvir took over the Ministry of National Security. These pressures coincide with human rights reports documenting systematic torture in army detention camps, making the resumption of Red Cross visits a vital step to document and stop these violations.

The government failed to provide a legal basis to justify the continuation of this policy, despite being given repeated opportunities to present its justifications and update its position.