Home Occupation 04/June/2026 03:12 AM

Israeli Supreme Court rules ban on ICRC visits to Palestinian detainees lacks legal basis

 

TEL AVIV, June 3, 2026 (WAFA) – The Israeli Supreme Court ruled that the policy enforced by the Israeli government since October 2023, which barred the International Committee of the Red Cross (ICRC) from visiting Palestinian detainees and conveying information regarding their conditions, lacked a legal basis and must be revoked.

The ruling was issued unanimously by the court panel, which concluded that the Israeli government had failed for more than two years to provide any legal basis for the policy, despite being afforded multiple opportunities throughout the proceedings to clarify and substantiate its justification.

Israeli Supreme Court Justice Daphne Barak-Erez, who authored the principal opinion, said the case was characterized by exceptional circumstances. She noted that the state had submitted dozens of requests for postponements and deadline extensions over a period exceeding two years, whether for filing its initial response, detailed submissions, or supplementary briefs, resulting in substantial delays to the proceedings.

She added that the court had exercised considerable patience but ultimately found itself faced with the absence of a structured and detailed legal position from the state to justify the continued ban.

The court further noted that the state's central justification during the proceedings had been linked to Israeli captives held in the Gaza Strip. However, the policy remained in effect even after their return had been completed, without the government presenting any new justification or concrete reasons for maintaining it.

The Israeli Supreme Court Justice said she had examined the relevant Israeli legislation as well as applicable rules of international law and concluded that there was no legal basis for imposing a blanket ban on ICRC visits or suspending the transfer of information concerning Palestinian detainees. Accordingly, the court ruled that the policy was contrary to existing law and must be revoked.

The Israeli government imposed the ban following the start of the aggression on October 7, 2023, ending a decades-long practice under which the ICRC was permitted to visit Palestinian detainees held in Israeli prisons and relay information regarding their whereabouts and conditions.

The ruling came in response to a petition submitted by the human rights organizations Adalah, the Association for Civil Rights in Israel (ACRI), Physicians for Human Rights-Israel, HaMoked, and Gisha, which challenged the legality of the restrictions on ICRC visits, particularly in light of mounting reports regarding the conditions of Palestinian detainees since the onset of the aggression.

The decision followed a legal battle that lasted more than two years and included a series of requests for postponements submitted by the Israeli government during the proceedings.

T.R.

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