The judgment, issued on Wednesday, removes a policy that had barred ICRC access to Palestinian detainees for more than two years. The restriction was introduced after Israel accused the humanitarian organization of failing to secure access to hostages held in Gaza by Hamas and other Palestinian armed groups following the attack.

The court found that the government had not adequately justified maintaining a blanket prohibition on prison visits, opening the way for the potential resumption of ICRC monitoring activities inside Israeli detention facilities.

The ICRC welcomed the ruling and said it was prepared to restart visits immediately. In a statement issued Wednesday evening, the organization said it was continuing discussions with Israeli authorities to resume detention-related operations as soon as possible.

The agency reiterated that access to detainees, including the ability to conduct private interviews, is an obligation under international humanitarian law.
Israel suspended ICRC visits to security-related prisoners shortly after the October 2023 attack, arguing that the organization had been unable to gain access to Israeli hostages held in Gaza.

The restrictions remained in force even after the return of the last hostages in October 2025.
The ruling comes amid sustained scrutiny of detention conditions in Israeli prisons. Human rights organizations, including several Israeli groups, have reported worsening conditions for Palestinian detainees, citing allegations of mistreatment, inadequate medical care and violence inside detention facilities.

The Prisoners Club, a leading Palestinian prisoners’ rights organization, said the court’s decision would have limited practical impact unless visits resume promptly. The group’s head, Abdullah Al-Zaghari, argued that the judgment should not obscure broader concerns regarding the role of Israeli judicial institutions in policies affecting Palestinian detainees.

The decision marks a significant legal setback for the government’s detention policy and could increase pressure on authorities to restore independent humanitarian monitoring of Palestinian prisoners held in Israeli custody.

The bill passed the 120-seat Knesset by a vote of 93-0, with remaining lawmakers absent or abstaining, reflecting broad political backing for prosecuting suspects linked to the deadliest attack in Israel’s history.

The legislation creates a separate judicial framework to try individuals accused of involvement in the assault led by Hamas militants, who killed about 1,200 people and took 251 hostages during the cross-border attack in October 2023.

Under the new law, judges will be allowed to impose capital punishment through a majority decision rather than requiring unanimity. Appeals against verdicts or sentences will be heard by a dedicated appeals court rather than Israel’s regular judicial system.

The trials are also expected to be livestreamed from a courtroom in Jerusalem, prompting comparisons by critics to the televised 1962 trial of Nazi official Adolf Eichmann, whose execution remains the only civilian use of the death penalty in Israel’s history.

Israeli and international rights organizations criticized the measure, arguing that it weakens fair trial protections and risks politicizing judicial proceedings.
Groups including Adalah, Hamoked and the Public Committee Against Torture in Israel said accountability for the Oct. 7 attack should not come at the expense of established legal standards.

Critics also raised concerns over the admissibility and reliability of evidence potentially obtained through coercive interrogation methods, as well as the impact of broadcasting proceedings before convictions are secured.

The legislation is separate from another law passed earlier this year authorizing the death penalty for Palestinians convicted of killing Israelis. That measure applies only to future cases and does not cover suspects detained over the 2023 attack.

According to Israeli rights organizations, about 1,300 Palestinians from Gaza Strip remain in Israeli detention without formal charges, while thousands more have been detained and later released since the start of the war.

Israel’s military campaign in Gaza, launched in response to the Oct. 7 assault, has killed more than 72,000 Palestinians, according to the Gaza Health Ministry. The ministry does not distinguish between civilians and combatants, though United Nations agencies and international observers have generally considered its casualty reporting credible.

Simcha Rothman, a sponsor of the bill and member of Prime Minister Benjamin Netanyahu’s governing coalition, said the legislation demonstrated national unity around securing accountability for the attacks.