Israeli Supreme Court Orders Removal of Annex Accusing IDF in Gaza Patient Case

The Israeli Supreme Court reviewed a petition filed by the organization Physicians for Human Rights, which demands that the state allow patients from Gaza to enter Israel for medical treatment. The hearing took place with the presence of National Security Minister Itamar Ben-Gvir, who criticized the petition and the Supreme Court itself, calling the court a "home field" for such petitions and advocating for comprehensive judicial reform.

During the session, judges Alex Stein and Yael Wilner sharply criticized an annex submitted by the petitioners that contained accusations against the Israel Defense Forces (IDF). Judge Stein warned that if the annex was not withdrawn, the petitioners would face legal costs. Judge Wilner described the accusations against IDF soldiers as unprecedented and unjustified. Following these remarks, the petitioners agreed to remove the annex from their submission.

State representatives argued that since October 7, the policy has changed to allow patients from Gaza to exit only to third countries approved by the Defense Minister. They provided figures showing that 800 patients and companions left through the Rafah crossing in February, 1,462 in March, and 1,820 in May, emphasizing that the policy is based on security considerations. The court was also asked to review classified material in a closed session.

During the hearing, Judge Yechiel Kasher noted that the current patient exit numbers represent only about 10 percent of those who left before October 7. Meanwhile, Yehuda Fuah, chairman of the organization B'Tselem, criticized the petitioners as supporting a terrorist organization and said the state permits treatment abroad but not entry into Israel itself. He also highlighted that the court suggested creating a mechanism to address exceptional humanitarian cases, which he interpreted as a call to open the possibility for Gaza residents to enter Israel for treatment.

Fuah, representing 39 bereaved families, was not allowed to present oral arguments, a decision he criticized as unfair since the petitioners were permitted to speak. He also raised concerns about past incidents where individuals entering Israel for medical care allegedly assisted Hamas, reinforcing the state's position against opening a permanent medical entry route into Israel. The state maintains that patients can transit through Israel to third countries but cannot receive treatment within Israel itself.