TEL AVIV, Israel (AP) — In a highly rare exercise of wartime legal restraint, Israel’s Supreme Court ruled Sunday that the Israeli government has deprived Palestinian detainees of even a minimum subsistence diet and ordered authorities to increase the amount and improve the quality of food served to deprived Palestinian inmates.
Although it’s the job of the Supreme Court to advise the government of the legality of its policies, the Israeli judiciary has seldom taken issue with its actions in the 23-month Israel-Hamas war.
Since Hamas’ Oct. 7, 2023, attack on southern Israel that killed 1,200 people, mostly civilians, Israel has largely rejected growing international criticism of its conduct by arguing that it was doing what was necessary to defeat Hamas.
The Israeli army has detained large numbers of Palestinians in Gaza and the occupied West Bank on suspicion of militant ties. Thousands have been released from months of detention in camps and jails without charge to tell of brutal conditions, including overcrowding, scant food supplies, inadequate medical attention, and scabies outbreaks.
The three-judge panel ruled unanimously that the Israeli government had a legal duty to provide Palestinian prisoners with three meals a day to ensure “a basic level of existence” and ordered authorities to fulfill that obligation.
The court's unexpected ruling followed a petition filed by the Association for Civil Rights in Israel (ACRI) and the rights group Gisha, which highlighted allegations of malnutrition and starvation amid the ongoing conflict.
“We are not speaking here of comfortable living or luxury, but of the basic conditions of survival as required by law,” the ruling stated. “Let us not share in the ways of our worst enemies.”
Palestinian authorities reported that at least 61 Palestinians have died in Israeli custody since the start of the war, with allegations of starvation emerging. National Security Minister Itamar Ben-Gvir criticized the ruling, claiming it undermines Israel's military stance against Hamas.
Rights organizations have urged immediate implementation of the ruling, emphasizing that a state should not subject anyone to starvation.