In a rare wartime intervention, Israel’s Supreme Court has rebuked the government over the treatment of Palestinian detainees, ruling that authorities have deprived inmates of even a minimum subsistence diet.
The court ordered an immediate increase in both the quantity and quality of food provided to prisoners.
‘Let Us Not Share…’: What Israel’s Top Court Said
The three-judge panel declared unanimously that the state has a legal duty to ensure detainees receive three meals a day to guarantee “a basic level of existence.” In its written judgment, the court stated: “We are not speaking here of comfortable living or luxury, but of the basic conditions of survival as required by law. Let us not share in the ways of our worst enemies.”
The ruling came in response to a petition filed last year by the Association for Civil Rights in Israel (ACRI) and rights group Gisha, who accused the government of operating a “systemic policy” to starve Palestinian inmates. In a 2-1 decision, the court sided with their claim that Israel’s deliberate restriction of food in detention facilities has led to widespread malnutrition and starvation.
Palestinian authorities say at least 61 prisoners have died in Israeli custody since the start of the 23-month Israel-Hamas war. Among them was a 17-year-old who doctors said likely succumbed to starvation in March. Former detainees released without charge have also spoken of overcrowding, outbreaks of scabies, inadequate medical attention, and “scant food supplies.”
The judgment marks a rare case of Israel’s judiciary challenging government wartime conduct. While the Supreme Court is tasked with reviewing government policy, it has seldom intervened since Hamas’ October 7, 2023 attack on southern Israel that killed 1,200 people, mostly civilians.
Security Minister Ben-Gvir Blasts SC Verdict
National Security Minister Itamar Ben-Gvir, who oversees Israel’s prison service, blasted the verdict. Boasting last year that he had already downgraded prisoner conditions to the “bare minimum required by law,” Ben-Gvir lashed out at the judges: “Are you from Israel?” he asked. “While Israeli hostages in Gaza have no one to help them, Israel’s Supreme Court defends Hamas to our disgrace.” He vowed that his policy of providing only “the most minimal conditions stipulated by law” would remain unchanged.
Rights groups have urged swift compliance with the verdict. In a statement on X, ACRI said Israel’s prison service had “turned Israeli prisons into torture camps.” The group added: “A state must not starve people. People must not starve people – no matter what they have done.”