Israel‘s highest court has ruled that the government has failed to provide Palestinian security prisoners with adequate food for basic subsistence, ordering authorities to improve their nutrition.
The decision was made in response to a petition filed by the Association for Civil Rights in Israel (ACRI) and Gisha, alleging that changes in food policy after the war in Gaza began led to malnutrition and starvation among prisoners.
The court unanimously ruled that the state is legally obligated to provide prisoners with enough food to ensure a “basic level of existence”.
The justices found “indications that the current food supply to prisoners does not sufficiently guarantee compliance with the legal standard” and expressed “real doubts” about prisoners’ eating habits.
They ordered the prison service to take steps to ensure the supply of food that allows for basic subsistence conditions in accordance with the law.
National Security Minister Itamar Ben-Gvir, who oversees the prison system, criticized the ruling, stating that Israeli hostages in Gaza have no one to help them, while the supreme court is defending Hamas militants. “The policy of providing prisoners with the most minimal conditions stipulated by the law will continue unchanged,” he said.
ACRI responded, calling for the verdict to be implemented immediately. “A state does not starve people,” it said.
“People do not starve people – no matter what they have done.” ACRI also accused the prison service of turning Israeli prisons into “torture camps”.
This ruling is a rare instance of the court ruling against the government’s conduct during the nearly two-year war. Since the war began, Israel has detained thousands of people in Gaza suspected of having links to Hamas, with many released without charge after months of detention.
Human rights groups have documented widespread abuse in prisons and detention facilities, including insufficient food and healthcare, poor sanitary conditions, and beatings.
In March, a 17-year-old Palestinian boy died in an Israeli prison, with doctors suggesting starvation was likely the main cause of death. Ben-Gvir had previously boasted about reducing conditions for security prisoners to the bare minimum required by Israeli law.
The Israeli Supreme Court’s decision to order improved nutrition for Palestinian prisoners highlights the ongoing debate about human rights and prisoner treatment in Israel. The court’s ruling emphasizes that the state is legally obligated to provide prisoners with enough food to ensure a “basic level of existence”.
This decision comes amid allegations of malnutrition and starvation among prisoners due to changes in food policy after the war in Gaza began.
Dissenting Opinion and Government Response
Justice David Mintz dissented from the majority opinion, maintaining that the existing policy already met legal requirements.
National Security Minister Itamar Ben-Gvir criticized the ruling, arguing that it favors Hamas militants over Israeli hostages in Gaza. He stated that the policy of providing prisoners with minimal conditions required by law would continue unchanged. This response underscores the tension between security concerns and human rights obligations.
The Association for Civil Rights in Israel (ACRI) has accused the prison service of turning Israeli prisons into “torture camps”. This is not the first time the Israeli Supreme Court has intervened in matters related to prisoners’ rights.
In 2017, the court ruled in favor of Palestinian prisoners on hunger strike, compelling the Israel Prison Service to allow them to meet with their lawyers. This precedent demonstrates the court’s willingness to protect prisoners’ rights.
The ruling has significant implications for the treatment of Palestinian prisoners in Israeli jails. It remains to be seen how the government will implement the court’s decision and address concerns about prison conditions and human rights abuses. The case highlights the ongoing challenges in balancing security concerns with human rights obligations.