The High Court of Justice on Friday rejected a petition seeking to block the government’s decision to approve the US-led Gaza hostage and ceasefire deal due to the condition of the release of Palestinian security prisoners.
The ruling was delivered by Justice Yael Willner, with Justices Gila Kanfi-Steinitz and Alex Stein concurring.
The petition, filed by the organization Bacharnu Bachayim (“we chose life”), along with two bereaved parents, asked the Court to prevent the release of Palestinian prisoners included in the agreement, arguing that some of them had previously been involved in deadly attacks.
The petitioners also objected to how information about the release was communicated to bereaved families and to the scope of public disclosure regarding the prisoners’ identities.
The prisoners to be released
According to the government’s decision, approved on Thursday, Israel is to withdraw its forces in Gaza to a designated line within 24 hours of the decision, after which Hamas will release all living hostages within 72 hours.
In return, Israel will release about 250 security prisoners and detainees, along with some 1,700 individuals who crossed into Israel from Gaza during the war but were not involved in the October 7 attacks.
The agreement also includes the transfer of 360 bodies of Hamas terrorists.
In its response, the state argued that the matter concerns national security and foreign policy – areas in which the Court traditionally refrains from intervention. It noted that the list of prisoners had been published for public review on the website of the Justice Ministry and that families of victims had begun receiving personal notifications.
The court response
Willner wrote that while the petition reflects the “deep pain and concern” of bereaved families and victims of terror, the Court cannot intervene in a matter that lies “at the core of the government’s security and foreign policy authority.”
She cited past rulings in which similar petitions were dismissed, including those that challenged previous hostage release deals.
Stein added that “matters of war and peace, including government agreements with the enemy, are non-justiciable,” emphasizing that such decisions rest solely with the government.
The Court concluded by expressing hope for the safe return of all remaining hostages, the recovery of wounded civilians and soldiers, and healing for the bereaved families.