Israeli Security Cabinet Policy on Humanitarian Access from Gaza to Israel for Medical Treatment

On January 1, 2017, Israel’s Security Cabinet implemented a policy restricting entry into Israel for Palestinians with family ties to Hamas operatives. This measure aimed to exert pressure on Hamas to release Israeli hostages held in Gaza. Following this decision, on January 14, 2018, Israel’s Attorney General clarified in a High Court petition (HCJ 8627/17) that these restrictions would not prevent Palestinians from entering Israel for life-saving medical treatment.

Further clarifications on August 22, 2018 (HCJ 5693/18), outlined that entry for life-preserving medical treatment would also be permitted for Hamas operatives’ family members, subject to security clearance. The policy provided that treatment would be conducted in Israel only in three specific cases: (1) if the situation is an emergency; (2) if the required treatment is unavailable abroad; or (3) if the patient is a child under 16, who may also be accompanied by a family member (again, pending security clearance).

While this policy is not exclusively focused on children, it does significantly impact minors in Gaza, including during periods of armed conflict, as they may require access to medical facilities in Israel for critical care.