Israel’s Supreme Court ruled the government failed to
provide adequate food to Palestinian prisoners and ordered authorities to
improve their nutrition.
The Israeli government is legally required to give detainees enough food to maintain "a basic level of existence," according to the three-judge panel's ruling on Sunday.
The ruling is one of the few times the nation's highest court has decided against the government's actions throughout the nearly two-year conflict.
The Israeli army has arrested thousands of Palestinians in Gaza and the occupied West Bank on suspicion of having militant connections, especially after Hamas strikes on October 7, 2023.
After months of incarceration, thousands were freed without being charged. They have described harsh conditions, including cramped quarters, inadequate food supplies, and subpar medical care.
The surprise decision was made as Israel continues its aerial bombardment of Gaza City in preparation for a full-scale invasion, which includes hitting high-rise structures in what is thought to be Hamas' final stronghold.
Just hours after Donald Trump gave the Palestinian terror group his "final warning" to accept a deal to free hostages from Gaza, Israel's defense minister urged Hamas on Monday to put down its weapons or face "annihilation."
Human rights organizations have long criticized the conditions in Israel's prisons, and this year they filed a petition stating that the state had a "systemic policy" of denying food to Palestinian inmates, causing them to starve and suffer from malnutrition.
Since October 2023, at least 61 Palestinians have died while in Israeli captivity, according to Palestinian sources.
“We are not speaking here of comfortable living or luxury, but of the basic conditions of survival as required by law,”
the ruling said.
“Let us not share in the ways of our worst enemies.”
The hard-Right national security minister of Israel, Itamar Ben-Gvir, who is in charge of the jail system, claimed last year that he had reduced the conditions to the absolute minimum mandated by Israeli law.
“A state must not starve people,”
it said on X.
“People must not starve people — no matter what they have done.”
He blasted the decision on Sunday, saying that the Supreme Court was defending Hamas "to our disgrace" and that the practice of giving inmates the "most minimal conditions" would continue.
Authorities were urged by the Association for Civil Rights in Israel (ACRI) to put the ruling into effect right now. The rights organization claimed in a statement that Israel's prison system has "converted Israeli prisons into torture camps."
In exchange for hundreds of Palestinian captives, Hamas agreed last month to a 60-day truce that would see the release of 10 live and 18 dead hostages.
Israel has requested the return of all hostages in any accord and has not yet formally responded to the suggestion for a partial ceasefire.
Mr. Trump stated on Sunday that he thought all of the hostages would be returned, dead or alive, and that a "deal on Gaza very soon" would be reached despite the stalling ceasefire negotiations.
20 of the 48 hostages who are still in Gaza are thought to be alive.
In response to what it described as
"some ideas from the American side aimed at reaching a ceasefire agreement," Hamas declared on Sunday that it was prepared to "immediately sit at the negotiating table."
How might this ruling affect prison policies during the ongoing war?
Officials will be obligated by law to ensure adequate food
and nutrition to Palestinian prisoners, thereby reversing any policies that led
to starvation and impairment of nutrition.
The decision strengthens the application of the Geneva Conventions and relevant international standards which ensure humane treatment of detainees in armed conflict, that includes providing adequate food, medical care and hygiene.
Prison officials and regimes will bear some scrutiny, as
well as legal ramifications for non-compliance with the rights of detainees,
which may lead to policy changes and more oversight. While security is
paramount in times of conflict, prison authorities will need to consider the
safety of detainees and their legal obligations which may result in reviews of
overall prisoner management.