Israel’s Supreme Court rules prison service must provide basic food to security prisoners: 'Harsher food conditions do not ease the suffering of the hostages'

The Israeli Supreme Court on Sunday ruled that the Israel Prison Service (IPS) and the state must provide a sufficient level of basic food to security prisoners held in Israel. The decision follows a petition filed by the Association for Civil Rights in Israel against National Security Minister Itamar Ben-Gvir. According to the ruling, the IPS is legally obligated to provide inmates with basic living conditions, including food in quantity and composition adequate to maintain their health. The Court also emphasized that every prisoner must have access to food.

Meanwhile, another petition regarding the rights of security prisoners is still pending before the Court. This petition addresses Red Cross visitations and the general conditions of imprisonment. Over the past weekend, Minister Ben-Gvir submitted his position on the matter to the head of the National Security Council, as revealed today by Kan News. The government must submit its official stance by Sept. 15.

Presiding over today’s Supreme Court session were Justices Daphna Barak-Erez, David Mintz, and Ofer Grosskopf. All three agreed on the basic principles of the petition, but differed on how to implement them. The majority ruling, delivered by Barak-Erez and Grosskopf, upheld the petition, overruling Justice Mintz's dissenting opinion.

Justice Barak-Erez ruled that the current food supply conditions raise concerns about compliance with legal standards. The ruling states:

“It is difficult to ignore the deep emotions and pain amid the ongoing war and especially the suffering of our brothers still held hostage in Gaza.”

“However, this cannot erase or obscure the obligations imposed by law on the authorities of the State of Israel. This is not about comfort or luxury, but about the basic living conditions required by law. We must not become like the worst of our enemies.”

The judgment also states:

“The painful testimonies of released hostages make it clear that imposing harsher food conditions does not alleviate the suffering of those still held captive—if anything, it does the opposite.”

Right-wing backlash against the ruling was swift and harsh.

National Security Minister Itamar Ben-Gvir responded:

“Our hostages in Gaza have no Supreme Court protecting them. Yet, to our disgrace, the murderers, kidnappers, and rapists have a Court protecting them. We will continue to provide these imprisoned terrorists with only the bare minimum conditions required by law.”

Justice Minister Yariv Levin added:

“The Supreme Court judges—or, as I now call them, the Supreme Dietitians—have devised a moral recipe unmatched anywhere in the world. While our hostages are starved in tunnels, two judges in the Supreme Court demand improved meals for the worst of terrorists.”

As previously mentioned, over the weekend Minister Ben-Gvir submitted his objection to allowing Red Cross visits for security prisoners to the head of the National Security Council.

“As long as our hostages are rotting in Hamas tunnels, no Red Cross visits should be allowed—not even information transfers or meetings,” he wrote.

He added that international criticism on the matter should be ignored:

“We must not budge one millimeter from our uncompromising policy. What should guide us is what we do, not what the nations will say.”

The IPS’s position, which was included in Ben-Gvir’s statement, also opposes Red Cross visits—citing “weighty security considerations.”

Regarding the imprisonment conditions of Nukhba terrorists and the possibility of their families visiting them, Ben-Gvir said:

“It won’t happen.”

He concluded by calling to advance his party’s bill advocating for the death penalty for terrorists:

“If there are no terrorists, there will be no need to allow visits.”