In a notable ruling on Sunday, Israel’s Supreme Court declared that the government inadequately provides Palestinian security prisoners with sufficient food necessary for basic subsistence. The decision mandates authorities to improve the nutritional offerings within the prison system. This 2–1 decision pointed out that the current dietary provisions fell below legal standards, with the court emphasizing that starvation should not be employed as a punitive measure.
The opinion, delivered by Justice Daphne Barak-Erez, underscored the fundamental nature of adequate nutrition, deeming it “the A, B, C of the rule of law.” Concerns were raised, citing evidence that highlighted significant doubts about prisoners receiving enough food, illustrating a systemic failure in meeting even the most basic human needs. The court’s ruling followed petitions from two significant organizations, the Association for Civil Rights in Israel (ACRI) and Gisha, filed earlier in April 2024. These groups accused National Security Minister Itamar Ben Gvir and the Israel Prison Service of intentionally reducing prisoner rations to alarmingly low levels.
Detainees’ affidavits vividly describe the harsh realities of their conditions, reporting severe hunger, rapid weight loss, and meager meals primarily consisted of bread and spread. Justice Barak-Erez dismissed arguments suggesting that reducing food quality for prisoners could somehow alleviate the situation of Israeli hostages held in Gaza. She remarked that such measures do not ease hostages’ suffering and might even exacerbate the situation, as testified by freed hostages themselves.
In response to the court’s decision, National Security Minister Ben Gvir criticized the ruling for “defending terrorists” and argued that while Israeli hostages have no court to advocate for them, the judicial system obliges Israel to enhance food conditions for prisoners he characterizes as “the worst terrorists.” Justice Minister Yariv Levin echoed similar sentiments, voicing frustration that hostages endure deprivation while prison conditions are scrutinized.
This decision emerges amid global warnings about the use of hunger as a weapon. At a UN Food Systems Summit, Secretary-General António Guterres remarked, “We must never accept hunger as a weapon of war.” The UN Relief and Works Agency (UNRWA) highlighted the dire situation in Gaza, reporting one in five children as malnourished and over 100 starvation-related deaths by July. Moreover, the World Food Programme has warned about more than 320,000 children under five being at risk of acute malnutrition.
The ruling has been welcomed by ACRI, which describes it as a pivotal triumph for both the rule of law and the preservation of human dignity. This decision represents a formidable challenge to the administration’s current policies, labeled by ACRI as a “systematic starvation policy.”