Supreme Court rules Israel's ban on Red Cross visits to detainees unlawful

Israel's Supreme Court has unanimously struck down the state's ban on visits by the International Committee of the Red Cross to security prisoners. The ruling came after a petition filed by several human rights organizations, including the Association for Civil Rights in Israel and Physicians for Human Rights-Israel. The ban had been in effect for over two years, implemented after Hamas's October 7th attacks and the subsequent war. Despite the sensitive wartime context, the court found that the state failed to present a coherent legal basis for the sweeping prohibition, even after repeated extensions and opportunities to do so.

Supreme Court President Isaac Amit, Deputy President Noam Sohlberg, and Justice Daphne Barak-Erez issued the decision. Barak-Erez noted the "exceptional" nature of the proceedings, where the state repeatedly sought delays before submitting a response that did not fully address the legal questions. The court stated it had given "countless opportunities" for the state to present a reasoned position but it ultimately failed to provide a detailed legal foundation.

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the proceedings had been “exceptional” in nature

Historically, Red Cross access to security prisoners was a longstanding policy, with arrangements dating back decades. The court's ruling specifically concerned prisoners and detainees from the West Bank and Gaza held by the Israel Prison Service or the IDF. The state's primary justifications for the ban included the return of hostages and fears that information passed through Red Cross channels could be exploited by terrorist organizations. However, the court rejected these arguments, stating the justification regarding hostages was no longer accompanied by a concrete, updated explanation.

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countless opportunities