Israel’s Supreme Court has mandated the Israeli government to provide an explanation regarding the lack of a comprehensive system for evacuating sick Gazans who are not involved in the ongoing Hamas-Israel conflict. This order was issued on Tuesday following a petition from three Israeli human rights organizations.
The petition was filed in early June after the Rafah border crossing between Gaza and Egypt was closed due to Israeli military actions that began in May. Prior to the closure, approximately 50 patients were able to evacuate daily, according to Adi Lustigman, a lawyer representing Physician for Human Rights Israel, one of the petitioning organizations. However, medical evacuations halted entirely after the border closure, prompting the call for a transparent process for medical evacuation applications.
“People don’t know where to turn,” Ms. Lustigman stated. She noted that the current system lacks a reasoned approach to granting evacuation permissions, resulting in critically ill patients remaining in Gaza while less severe cases are allowed to evacuate.
The petition seeks not to require Israel to treat the patients but to facilitate their movement in a humane manner. While it does not specifically demand that patients be transferred abroad, Israel prefers that they travel to a third country for treatment due to security concerns, according to Ms. Lustigman.
She also highlighted possible public opposition to the petition, stating, “There is a very strong public objection to the petition as it is.” Nonetheless, she emphasized that Israel has a responsibility for civilians in Gaza, given its control over the region and its borders. She referenced fundamental principles of Israeli law and obligations under international treaties.
The Supreme Court has scheduled urgent hearings on the matter for the summer. During these hearings, Israeli lawyers acknowledged the necessity of medical evacuations but requested additional time to demonstrate compliance. In the interim, some permits were granted, allowing at least 19 sick children, primarily cancer patients, to leave Gaza for treatment in late June.
The court’s recent order now places the onus on the state, the defense minister, and the humanitarian coordination authority in Gaza, known as COGAT, to clarify the evacuation process. While the state has claimed that a system exists, it has yet to provide convincing evidence.
Israel is required to respond by November 11, as per the court’s directive. The justice ministry has declined to comment on the order, and COGAT, along with the defense ministry, has not provided immediate responses to inquiries.
“Every day that passes with sick and injured individuals in Gaza left without medical treatment means human lives, children, and infants are in jeopardy,” Ms. Lustigman and her colleague Tamir Blank stated in a joint statement. “The state is obligated to allow access to medical treatment so that those who can still be saved may be saved.”
Tragically, for some patients, it may already be too late. Fida Ghanem, 42, was granted a permit to leave Gaza for urgent lymphoma treatment in the spring but died in June after the Rafah crossing was closed. The border remains shut.