End the Policy of Starving Security Prisoners

Following a series of testimonies by prisoners and their lawyers, including statements by representatives of the IPS and the Minister of National Security, the Association for Civil Rights in Israel (ACRI) and Gisha petitioned the High Court of Justice (Hebrew) on April 4, 2024, demanding that security prisoners be provided with food in the quantity and composition suitable for maintaining their health and identical to that supplied to the other prisoners.

Testimonies of prisoners and security detainees attached to the petition indicate that since October 7, 2023, the IPS have been deploying a policy of starvation towards Palestinian prisoners and detainees. Recently released prisoners testified that they suffered from constant and extreme hunger and very poor quality of food. Among the testimonies presented in the petition were those of a diabetic prisoner who ate toothpaste to raise blood sugar, and of prisoners who lost tens of kilograms in weight in recent months.

The petition argued that the food reduction policy amounts to starvation and torture, and contravenes Israeli and international law. It violates the constitutional right of security prisoners to dignity and health, constitutes a policy of collective punishment, and violates the IPS's obligation to provide detainees in its custody with appropriate prison conditions. The petitioning organizations noted that the state's obligations towards those in its custody are permanent and do not change due to war crimes and crimes against humanity committed by Hamas against Israel.

On June 26, 2024, the state's response to the petition was submitted, after many requests to postpone and about an hour before the scheduled hearing. In response, it was reported that after the petition was filed, another change was made to the menu and portions of processed food. The state did not present the legal basis for distinguishing between prisoners, regarding food, nor a law authorizing the minister or the IPS to reduce food.

Shortly after, ACRI received a letter from the advisor to the Minister of National Security. The letter stated that the Minister's position was supposed to be submitted by the State Prosecutor's Office, but was not submitted at the last minute. The Minister's letter stated that he was the one who made the decision to reduce food, as part of his policy to worsen the conditions of the security prisoners and create deterrence.

A hearing on the petition was held on June 26, 2024, after which a decision was made that both parties must return to submit their position to the court within a week. The state asked for an extension to bring the matter before the Prime Minister, and the court ordered the State to submit an update by August 6, 2024.

In the judgment delivered on September 7, 2025, the Supreme Court justices accepted the petition and unanimously held that the IPS is legally obligated to provide security prisoners with basic conditions, including food in quantities and of a composition sufficient to maintain prisoners' health. The Court further held, with all justices agreeing, that every prisoner must be guaranteed access to food in accordance with the established menu.  

The justices differed regarding the application of these principles in this specific case. The majority determined that there was concern that the current system for supplying food to prisoners did not ensure compliance with the legal standard. Accordingly, the judgment clarified the State's obligations and set out a series of measures that the IPS would be required to take. The dissenting justice did not disagree with the fundamental principle regarding the State's obligations but held that the existing arrangements for feeding security prisoners complied with the law. 

The judgment stated: 

"It is difficult to ignore the intense emotions and pain in the context of the war, and certainly in light of the plight of our brothers and sisters held hostage in Gaza, whom we keep constantly before us. However, this cannot cause us to forget or blur the duties imposed upon the authorities carrying out their work in the State of Israel. We are not dealing here with comfortable living conditions or luxuries, but with the basic conditions of existence required by law. We must not resemble the worst of our enemies... It should be remembered that the painful testimonies of former hostages who have been released show that a harsher food policy does not alleviate the suffering of our brothers and sisters who remain in distress and captivity, and quite the opposite...it must be ensured that the minimum standards owed by the State to every person in its custody, no matter how reprehensible or contemptible they may be, are preserved even in these difficult times. This is required not only because it is the command of the legislature, but also in order to preserve our own humanity." 

On November 18, 2025, approximately two months after the judgment was delivered, ACRI filed a contempt of court motion, arguing that according to testimonies there had been no change in either the menu or the quantity of food, and prisoners continued to complain of insufficient food, poor-quality food, needing to eat under degrading conditions, hunger, and substantial weight loss. Prisoners told their attorneys that they were unaware of the judgment, that no examinations had been conducted since it was issued, and that there had been no changes to the methods of food distribution. 

In its December 2025 response, the IPS stated that an implementation team had been established to carry out the judgment, although it did not include nutrition professionals. The IPS claimed that prisoners were being weighed regularly and that only those whose BMI fell below a certain (extremely low) threshold received additional food based on nutritional advice. It further stated that prison staff had been trained to identify malnutrition and had policies for ensuring that prisoners did not take food from one another. ACRI responded that the IPS effectively acknowledged that it was not providing additional food and was, in practice, starving prisoners. We noted that the UN Committee Against Torture had issued a report on conditions in Israeli prisons that was notably critical, particularly regarding Palestinian detainees and prisoners, and had found serious violations of the Convention Against Torture, some of which could constitute war crimes and crimes against humanity. 

On December 31, 2025, the Court ordered the IPS to provide clarifications regarding the issues we had raised. The response from the IPS demonstrated that there had been no change in its policies. ACRI’s reply noted that BMI alone reveals nothing about hunger, involuntary weight loss, health problems, or other related issues. On March 26, 2026, the Court held that the judgment did not concern only prisoners with an extremely low BMI, but rather all prisoners, and that prisoners should not be subjected to involuntary weight loss. The Court held that additional food must be provided on an ongoing basis in accordance with the needs and individual circumstances of each prisoner. It then determined that the IPS was required to report by April 12, 2026 regarding the instructions it had issued to ensure compliance, particularly with respect to prisoners who had lost weight. 

Following additional submissions, the Court ruled on April 23, 2026 that the judgment applies to all security prisoners, not only those with a low BMI, and clarified that the State must ensure that additional food is available whenever needed. The Court further held that if specific claims are raised in the future regarding breaches of these obligations, they may be addressed in individual petitions. 

HCJ 2858/24 Association for Civil Rights in Israel v. Minister of National Security

For a full list of legal correspondence and articles about this case, all in Hebrew, please see here.