Israel's Supreme Court Rejects Ban on Red Cross Visits to Palestinian Detainees

Israel’s Supreme Court has unanimously rejected a government policy banning representatives of the International Committee of the Red Cross (ICRC) from visiting Palestinian detainees in Israeli prisons.

The court ruled on Wednesday that by preventing the Red Cross from visiting prisoners, the government had contravened Israeli and international law, and therefore the policy must be repealed.

It also ruled that the government failed to present a legal foundation for its policy on annulling all visits after the Hamas-led attack on October 2023, in which more than 1,100 people were killed and more than 240 were taken captive.

The assault triggered a brutal war in Gaza, which has been defined as a genocide by several prominent scholars and an independent United Nations inquiry. The Israeli army killed more than 72,950 people in the enclave, according to Gaza’s Health Ministry, and reduced most of the besieged territory to rubble, and forced the displacement of nearly 1.9 million Palestinians.

Violence across the occupied West Bank perpetrated by Israeli forces also intensified to unprecedented levels. All visits to prisoners were halted, and information about them was not shared – something that used to be standard practice before the war. Back then, Israeli authorities accused Hamas of failing to secure access to the captives in Gaza.

It was the first time in 50 years that Israel prevented Red Cross visits, according to the Association for Civil Rights in Israel (ACRI), which filed the petition.

“For the first time in nearly three years, the over 9,000 Palestinian security prisoners being held in Israeli prisons and military detention centers will receive Red Cross visits,” ACRI said. The ban remained in place even after a “ceasefire” was agreed last October.

Initial petition

The petition by ACRI, Physicians for Human Rights, Israeli rights group HaMoked and Israeli NGO Gisha against the government policy was first filed in Israel’s High Court in February 2024. But the state of Israel asked for 27 extensions before a hearing was held at the end of October last year.

The ICRC welcomed the decision, saying it was ready to resume its visits. “We are continuing our dialogue with the Israeli authorities to resume our work in detention as soon as possible,” it said in a statement. It added that access to detainees and the ability to meet with them privately are obligations under international law.

Wednesday’s decision comes amid growing concerns over the ill-treatment of Palestinian detainees in Israeli prisons.