The Israeli Supreme Court unanimously overturned a government ban that had prevented the International Committee of the Red Cross from visiting Palestinian detainees, ruling the policy illegal under domestic and international law. The court found no lawful basis for suspending all visits after the October 2023 Hamas-led attack. The decision restores Red Cross access for more than 9,000 Palestinian security prisoners and follows concerns about detainee mistreatment highlighted in a recent UN report on sexual violence.
Israel’s Supreme Court Orders Restoration Of ICRC Visits To Palestinian Detainees
Since the Hamas-led attack on October 7, the International Committee of the Red Cross (ICRC) has been banned from visiting Palestinian detainees in Israeli prisons [File: Ahmad Hasaballah/Getty Images]
Israel’s Supreme Court has unanimously struck down a government policy that barred the International Committee of the Red Cross (ICRC) from visiting Palestinian detainees held in Israeli prisons and military detention centers.
Court Ruling and Legal Basis
On Wednesday, justices concluded that the blanket suspension of Red Cross access violated both Israeli and international law and ordered the policy revoked. The court found the state had not provided a lawful justification for canceling all visits following the October 2023 Hamas-led attack.
Background
The October 2023 assault, in which more than 1,100 people were killed and more than 240 were taken captive, precipitated a prolonged and destructive war in Gaza. According to Gaza’s Health Ministry, the enclave suffered more than 72,950 deaths and nearly 1.9 million people were displaced during the hostilities. Violence in the occupied West Bank also intensified.
Impact Of The Ban
Authorities halted all Red Cross visits and stopped sharing routine information about detainees — a practice that had been standard for decades. The Association for Civil Rights in Israel (ACRI), which filed the petition, said this was the first time in roughly 50 years that Israel had blocked Red Cross access. The ruling restores eligibility for Red Cross visits for over 9,000 Palestinian security prisoners.
ACRI: “For the first time in nearly three years, the more than 9,000 Palestinian security prisoners being held in Israeli prisons and military detention centers will receive Red Cross visits.”
Litigation And Reactions
The petition was filed in February 2024 by ACRI together with Physicians for Human Rights, the Israeli rights group HaMoked and the NGO Gisha. The state requested 27 extensions before the High Court hearing was held at the end of October 2024.
The ICRC welcomed the decision and said it was ready to resume visits, emphasizing that confidential access to detainees is a requirement under international humanitarian law. “We are continuing our dialogue with the Israeli authorities to resume our work in detention as soon as possible,” the organization said.
Concerns About Treatment In Custody
The court’s decision comes amid mounting international concern about the treatment of Palestinian detainees. A recent United Nations report on conflict-related sexual violence documented allegations of torture, rape, gang rape, forced nudity and intrusive searches by Israeli armed and security forces during detention and interrogation at multiple sites, including Sde Teiman military camp.
Human rights groups and legal advocates said the court decision is an important step toward restoring monitoring and transparency in detention facilities. Implementation will depend on continued cooperation between the ICRC and Israeli authorities.
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