High Court weighs petition over Hamas-linked Gazan doctors in Israeli custody

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The High Court of Justice is weighing a petition filed by Physicians for Human Rights Israel (PHRI) that seeks the release of 14 Palestinian doctors from Gaza who are being held by Israel in administrative detention. The case has drawn particular attention to Dr. Hussam Abu Safiya, a pediatrician and hospital director detained since December 2024. The state has asked the court to dismiss the petition, arguing that the detentions are lawful and necessary for state security.

Coverage Comparison

According to reporting by the Jerusalem Post on July 7 and 8, 2026, the state filed its formal response to the petition on Tuesday, July 8. PHRI, an Israeli NGO that describes the occupation of Palestinian territory as a root cause of human rights violations, filed the petition on April 30. The court granted the state repeated postponements before finally requiring it to respond by Tuesday.

Two main perspectives emerge from the coverage. PHRI asserts that the detained doctors are innocent medical professionals who are being wrongfully held, and that their continued detention is unlawful. The organization has also argued that some detainees' health has deteriorated due to incarceration conditions. In contrast, the Israel Defense Forces (IDF) alleges that the detainees are senior Hamas officials, and the Israel Prisons Service (IPS) maintains that their health situation is stable.

The state's response, as reported by the Jerusalem Post, emphasized that each detention order was issued after an authorized official reviewed classified security intelligence specific to each detainee. The state rejected PHRI's claim that the detainees are needed in Gaza, stating that updated reviews found "no special reasons" justifying release.

Key Claims

The Jerusalem Post reported that 14 Palestinian doctors from Gaza are currently held in administrative detention, with some held since late 2023. Dr. Abu Safiya, who has been held since December 2024, has drawn international attention, including a recent UN demand for his release.

PHRI claims that all the detainees are innocent and being wrongfully detained, a position the organization has maintained in court. The IDF, however, alleges that they are all senior Hamas officials. The Israel Prisons Service says their health situation is stable, contradicting PHRI's claims of endangered health.

The state's legal argument, as detailed in its court response, is that the detention orders were issued under the Unlawful Combatants Law. The state maintains that each case is examined periodically by authorized security officials, and that when reviews find no longer legal grounds, detention orders are canceled. The state noted that there have been instances where periodic reviews led to releases.

Perspectives

State of Israel

The state argues that the detentions are lawful under the Unlawful Combatants Law, based on individualized classified intelligence, and that continued detention is necessary to protect state security. It rejects PHRI's position, stating that updated reviews found continuing legal grounds for detention and no special reasons for release.

Physicians for Human Rights Israel (PHRI)

PHRI contends that the detainees are medical professionals who are needed in Gaza, that they are innocent and wrongfully detained, and that their continued detention without charge is unlawful. The organization also raises concerns about detainees' health and conditions of incarceration.