The Supreme Court delivered a decisive blow to a petition filed by human-rights groups, which argued that international and Israeli law obligates Israel to ensure the delivery of humanitarian aid to the Gaza Strip’s civilian population.
Supreme Court President Yitzchak Amit made it clear in the ruling that Israel, as a general policy, does not provide humanitarian aid directly to the Gaza Strip. Instead, the country permits the entry of such goods into Gaza under the instructions of the political leadership at the appropriate time. Nevertheless, the ruling emphasized that terrorist groups make efforts to infiltrate civilian areas and seize control of aid meant for those in need.
Justice Amit upheld the position of the state, asserting that the international laws governing military occupations do not apply to Israel when it comes to Gaza. This is because two of the three criteria for occupation are not met: Israel cannot exercise governmental authority in Gaza, and Hamas, the ruling terror group, still possesses the ability to independently govern the area.
“The Swords of Iron War was forced on the State of Israel and its citizens due to the murderous attack initiated by the terror organizations in the Gaza Strip on 10/07/2023. At the same time, war was forced on the uninvolved civilians in the Gaza Strip, who did not directly or indirectly participate in terrorist activity, but experience severe suffering due to the consequences of the war and the conduct of the terror organizations who hide among the civilian population and work to take control of the aid that is meant for it. As stated, the terror organizations are the ones responsible for the suffering of the civilian population. However, this human suffering is not a matter that the State of Israel can ignore,” the court wrote.
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