Israel Court reiterates that state must adequately feed all Palestinian prisoners, not just underweight

Tied Palestinian prisoners on the floor as far-right National Security Minister Itamar Ben-Gvir visits Ofer Prison in 2024

Chen Maanit reports in Haaretz on 28 March 2026:

Israel’s High Court of Justice clarified that the state must provide sufficient food to all security prisoners, not only those whose body mass index is dangerously low, sharpening a previous ruling on prison conditions.

The decision was issued Thursday by Justices Daphne Barak-Erez, David Mintz and Ofer Grosskopf, following a petition by the Association for Civil Rights in Israel, which argued the state was failing to implement a September judgment on prisoners’ nutrition.

The justices reiterated that earlier findings had pointed to indications that food provided in prisons did not meet legal standards. They instructed the state to update the court by April 12, confirming that the Israel Prison Service has issued binding guidelines to ensure all prisoners receive adequate food.

The ruling stems from a petition filed in April 2025 by ACRI and the nonprofit Gisha against the Prison Service, National Security Minister Itamar Ben-Gvir and Attorney General Gali Baharav-Miara. The groups alleged that security prisoners were suffering from hunger and required increased food provisions.

The petition followed changes introduced by Ben-Gvir after the outbreak of the war in October 2023. These measures applied to all security prisoners held in Israel – including residents of Gaza, the West Bank, and Israeli citizens and residents – and not only to detainees captured during the fighting.

Before the war, security prisoners were allowed to purchase food at prison canteens and prepare much of their own meals. After October 7, prisons shifted to an emergency footing: access to canteens and cooking equipment was halted, and the Prison Service assumed full responsibility for supplying food.

The state has not disputed its obligation to provide adequate nutrition, maintaining that prison menus are based on professional standards. It told the court it has been monitoring prisoners’ conditions, including regular weigh-ins, and provides additional food and medical or dietary treatment to those experiencing significant weight loss.

However, ACRI argued in a follow-up petition in November that the ruling was not being implemented. Based on prison visits, the organization said inmates reported no improvement in food distribution, with some claiming portions had decreased.

The latest decision reinforces the court’s earlier position that the state must ensure not only formal compliance in menu planning but also that food is actually delivered in sufficient quantities to every prisoner.

In a statement, ACRI legal adviser Oded Feller said the court had accepted the organization’s position that prisoners were not receiving enough food to maintain their health and dignity, and called on the attorney general to intervene.

The case builds on a broader High Court ruling in September, in which a majority of justices said there were real doubts about whether the nutrition provided in practice met legal requirements. That decision followed reports, including a Haaretz investigation, documenting severe conditions in some facilities, including overcrowding, disease and inadequate food.

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