Israel’s Legal Battle Over Red Cross Access to Palestinian Prisoners Intensifies
Opponents assert that Israel’s suspension of red access to Palestinian prisoners, established after the October 7 massacre, violates international law.
On Wednesday, an extended panel of the Supreme Court of Justice heard that the Supreme Government wanted the government to return the visits of the International Committee of the Red Cross (ICRC) to Palestinian lawyers imprisoned in Israel. The hearing was before a three-judge bench composed of President Isaka Amit, Vice President Noam Solberg, and Justice Daphne Barak-Erez.
The petitioners, the human rights organization in Israel (acri), doctors), human rights doctors – Israel, attackers, and doctors attacked by Israel, and doctors attacked by Israel, attack the violation of the law of Israel and international countries.
This request was filed in February 2024 and it argues that the suspension of ICRC visits came without a legal basis and violated Israel’s binding obligations under the Geneva Conventions and international law.
The complaint provides evidence that, including security wings in many detention facilities, alleged conditions such as overcrowding, denial of medical care, and what is hunger. These are similar concerns raised by Israeli and international human rights watchdogs in recent months.
The ICRC, which has publicly said it has been denied access to Palestinian detainees since October 2023, says such a move violates its long-standing role in the conflict.
Palestinian prisoners who were freed in a deal between Israel and Hamas arrive west of the city of Ramallah, on October 13, 2025. (Credit: Flash90)
The renewed access will present a very important test of how Israel measures security in relation to its legal and aid obligations.
The government has maintained that red access poses a security risk, raising concerns about disruptions to prison operations and the entry of “foreign actors” into critical institutions.
In June 2024, in response to the request, the Kingdom announced plans to develop an “alternative approach” to replace the traditional ICRC visit. This will give a separate external entity, which may be a judicial or supervisory body, to monitor situations, receive complaints, and transfer information.
Israel’s draft proposal opened allowing the Red Cross to visit the prisoners
However, it means that the September reports, including those Haaretzthey said that Israel has quietly rejected the proposal to allow the ICRC to visit Palestinian prisoners linked to Fatah, after a severe backlash in security and politics, especially by the Minister of National Security Ben-Gvir.
The appeal was subject to repeated procedural delays. Towards the end of 2024, the government filed another request to postpone the process, marking such a request on record.
This past month, the office of Prime Minister Benjamin Netanyana formally requested that those be calmed down for an additional month, opposing the release of information or the return of red money to the junta.
Human rights advocates have strongly rejected that idea, saying that the government’s strictures effectively limit political calculations because of legal obligations. Acri’s lawyer on Wednesday called this “Rolling-More Polict,” which is “totally separated from the hostage situation.”
“Everyone can see the Palestinian prisoners – except the Red Cross,” said Feller, invoking the ERECTE Order issued to protect the ICRC from entry.
He also mentioned the advisory opinion issued by the International Court of Justice last week, which, among other things, called the Red Cross Access to Palestinian prisoners. “International law is not made in times of peace; it is made well in times of war. And in this case, that is exactly what is needed.”
Minister of National Security Tamar Ben-Gvir arrived shortly after the hearing began. He has been dating a security prisoner, to the chagrin of human rights groups.
Baraki-Erez asked, “What would be your situation in the movement of the weight they would have on the people arrested in Gaza?” He replied, “Hamas is a terrorist organization; it has committed crimes against humanity. That does not come from Israel’s obligations.”
SooHlberg asked if he was against the security order to protect access, which comes from the shin (Israel Security Agency). He also pointed out that the app is not the same and therefore wrong, only blocking the red cross and not the other group from being accessible. “Why now that the security crops are over?” he asked.
In total, there were 30 extension requests this time. Baraki-Erez stood by the irony of the regime and the last-minute nature of how the materials were sent.
