Israeli High Court orders government to explain why Red Cross visits to Palestinian prisoners have been stopped

Order follows petition filed in February by various human rights groups demanding Red Cross have access to prisoners

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Israel's High Court of Justice on Sunday issued a conditional order on a petition filed by human rights organizations demanding that International Red Cross representatives be allowed to conduct visits to Palestinian prisoners and detainees from the Gaza Strip and the West Bank being held in Israel.

The original petition was filed by various human rights organizations, including the Association for Civil Rights in Israel (ACRI), Physicians for Human Rights-Israel, HaMoked and Gisha, demanding that the Red Cross be allowed to visit and receive information about the prisoners.

The petition by the human rights organizations, many of which receive significant funding from outside of Israel, argued that "according to international law, even if one of the sides in a conflict is not fulfilling its obligation according to the law of war, this does not absolve the other side from their obligations."

Therefore, the petitioners argue, that although Hamas holds over 100 Israeli abductees in horrible conditions, does not provide any details about their condition, and refuses to allow visits by the Red Cross, Israel is still obligated to allow such visits to the Palestinian prisoners in its custody.

The government has filed a series of requests to postpone its preliminary response to the petition and even argued that it intended to create an international monitoring mechanism to replace the role of the Red Cross.

After the government’s most recent request for a postponement, a hearing on the petition was scheduled for this Tuesday, with the government’s response due by Friday.

Apparently dissatisfied with this response, the High Court justices canceled the hearing scheduled for Tuesday but issued a conditional ruling.

The ruling ordered the government “to give a reason as to why the blanket ban on visits by committee representatives should not be lifted regarding the International Red Cross visits of Palestinian prisoners and detainees from the Judea and Samaria and the Gaza Strip who are being held in the custody of the army and the Israel Prison Service."

“To give a reason why the International Committee of the Red Cross should not be given details as to all Palestinian prisoners and detainees from the Gaza Strip and the West Bank who are being held in the custody of the army and the prison service.”

The court set a date for the hearing in September.

The Red Cross is allowed regular visits to most Palestinian prisoners, even those arrested for security incidents. The petition was filed after Israel refused to allow the Red Cross access to Palestinians who were suspected of belonging to the Hamas terror group and captured during the Gaza War. At the time, the government indicated this was due to the Red Cross not attempting to visit the Israeli hostages.

Dozens of family members of hostages and victims of the Oct. 7 massacres demanded that the government reject the petition. The family members even attempted to join the original petition for the purpose of blocking it.

The motion to reject the petition was filed by attorney Yehuda Foah, of the Jewish human rights group Btsalmo, who argued that the unequal access harms the Israeli hostages.

“The decision on how to act against war criminal terrorists who are not protected by international conventions, while their organizations continue to act openly, in violation of all the laws of war, in attacking innocent civilians and holding abductees while abusing them, is a political and bureaucratic decision,” Noah stated. “This petition should have been dismissed out of hand. The court has no authority to intervene in this matter.”

Foah said the High Court’s decision put the interest of foreign agents over that of Israeli citizens.

“It is inconceivable that the High Court of Justice will harm the security of Israel and the hostages. The High Court hears petitions by organizations that are mostly funded by foreign countries, but chooses not to hear the cry of the hostages and their families,” he continued. “We will continue to fight for the rights of the citizens of the Israel of abductees and victims of hostilities.”