TEL AVIV, Israel (AP) — In a rare exercise of legal restraint during wartime, Israel’s Supreme Court ruled Sunday that the government has deprived Palestinian detainees of even a minimum subsistence diet. Authorities have been ordered to increase the amount and improve the quality of food served to Palestinian inmates.
Despite the Supreme Court's advisory role regarding governmental actions, it has historically been hesitant to challenge government policies during the ongoing Israel-Hamas war. Following the Hamas attack on October 7, 2023, which resulted in 1,200 civilian deaths, the Israeli government has largely dismissed international criticism regarding its military conduct.
The Israeli Army has detained numerous Palestinians from Gaza and the occupied West Bank under suspicion of militant affiliations, many of whom have been released from detention camps and jails with accounts of brutal conditions, including overcrowding, inadequate food, insufficient medical care, and scabies outbreaks.
The Supreme Court has jurisdiction to examine claims from individuals and organizations against Israeli governmental actions, including the practice of restricting food and medical supplies to Gaza, and has previously identified the government's approach to Palestinian detainees as a systemic failure.
In its recent ruling, the three-judge panel unanimously determined that the Israeli government bore a legal responsibility to provide Palestinian prisoners with three meals daily to meet what it termed 'a basic level of existence.' They instructed the authorities to comply with this mandate immediately.
Moreover, the court agreed with the petition from the Association for Civil Rights in Israel and the Israeli rights group Gisha, affirming their allegations regarding deliberate restrictions of food leading to malnutrition among Palestinian detainees.
The court's statement emphasized the distinction between basic survival conditions and any notions of luxury or excess. It urged Israeli authorities not to mimic their enemies by degrading treatment of others.
Since the outbreak of hostilities, at least 61 Palestinian detainees have reportedly died in Israeli custody. The court reminded officials of their obligations under the law, rejecting statements from National Security Minister Itamar Ben-Gvir, who argued for maintaining minimal living conditions for prisoners.
Rights groups have called on the Israeli authorities to act on the court’s verdict promptly, condemning the current state of prisons and calling it effectively 'torture camps.' They reiterated that starvation is unacceptable, regardless of the detainee's alleged offenses.
