Israel’s legal battle over Red Cross access to Palestinian prisoners intensifies
Petitioners asserted that Israel’s suspension of Red Cross access to Palestinian prisoners, instituted after the October 7 massacre, violates Israeli law and conventional international norms.
On Wednesday, an expanded panel of five justices of the High Court of Justice heard a high-stakes petition demanding that the government reinstate visits by the International Committee of the Red Cross (ICRC) to Palestinian detainees held in Israeli custody. The hearing was before the senior three-justice bench composed of President Isaac Amit, Deputy President Noam Solberg, and Justice Daphne Barak-Erez.
The petitioners, the Association for Civil Rights in Israel (ACRI), Physicians for Human Rights–Israel, HaMoked, Gisha, and Physicians for Human Rights, assert that Israel’s suspension of Red Cross access to Palestinian prisoners, instituted in the aftermath of the October 7, 2023 Hamas attacks, constitutes a violation of both Israeli law and international humanitarian norms.
The petition was filed in February 2024 and contends that the suspension of ICRC visits came without legal basis and in breach of Israel’s binding obligations under the Geneva Conventions and customary international law.
The petition presents testimonies, including from security wings in multiple detention facilities, alleging conditions such as overcrowding, denial of medical care, and what the petitioners term “starvation.” These claims echo similar concerns raised by both Israeli and international human-rights monitors over recent months
The ICRC, which has publicly stated that it has been denied access to Palestinian detainees since October 2023, argues that such exclusion contravenes its longstanding humanitarian role in conflict zones.
Palestinian prisoners who were released in a hostage deal between Israel and Hamas arrive to the West Bank city of Ramallah, October 13, 2025. (credit: FLASH90)
A successful ruling ordering renewed access would present a pivotal test of how Israel balances wartime security imperatives against its legal and humanitarian commitments.
The government has maintained that Red Cross access poses a security risk, citing concerns about potential interference with prison operations and the entry of “foreign actors” into sensitive facilities.
In June 2024, in response to the petition, the state announced plans to develop an “alternative mechanism” to replace traditional ICRC visits. This would assign a different external entity, potentially a judicial or diplomatic oversight body, to monitor conditions, receive complaints, and relay information.
Israeli quietly shelved proposal to allow Red Cross to visit prisoners
However, September reports, including those by Haaretz, claimed that Israel quietly shelved a proposal to allow ICRC visits to Palestinian detainees affiliated with Fatah, after fierce pushback from security and political hardliners, especially National Security Minister Itamar Ben-Gvir.
The petition has been subject to repeated procedural delays. In late 2024, the government filed yet another request to postpone proceedings, marking the sixth such request on the record.
This past month, Prime Minister Benjamin Netanyahu’s office formally asked the High Court to defer the hearing by an additional month, arguing that releasing information or restoring Red Cross access at this juncture could undermine ongoing negotiations for the return of hostages.
Human-rights attorneys strongly rejected that rationale, asserting that the state’s deferrals improperly prioritize political calculation over legal obligations. A representative for ACRI on Wednesday called this a “rolling-along policy,” that is “completely separate from the issue of the hostages.”
“Everyone can see the Palestinian prisoners – except for the Red Cross,” said Feller, querying the security order issued to prevent the ICRC from entry.
He also referenced the advisory opinion issued by the International Court of Justice last week, which, among other things, called for Red Cross access to Palestinian detainees. “International law was not made for times of peace; it was made precisely for times of war. And in this case, it is exactly what is needed.”
National Security Minister Itamar Ben-Gvir arrived soon after the hearing began. He has been adamant on being strict on security prisoners, much to the chagrin of human rights groups.
Barak-Erez asked, “What would be your stance on the weight hostages would have on the people detained from Gaza?” He responded, “Hamas is a terrorist organization; it has committed crimes against humanity. That doesn’t absolve Israel from its own obligations.”
Sohlberg asked if he is against the security directive to prevent access, which is from the Shin Bet (Israel Security Agency). He reiterated that the application is not uniform and therefore invalid, to only block the Red Cross and not any other group from accessing them. “Why is it only now that the security angle crops up?” he asked.
Altogether, there were 30 extension requests in this case. Barak-Erez further stood on the State’s disorganization and the last-minute nature of how materials were submitted.
