The Jerusalem District Court recently rejected an appeal seeking to allow a five-year-old Palestinian boy with aggressive cancer to receive life-saving medical treatment in Israel. The ruling, issued on , hinges on a government policy that prevents individuals registered as residents of Gaza from entering Israel, even if they no longer reside there.
The child, who has been receiving medical care in the West Bank since , requires a bone marrow transplant, a procedure unavailable in either Gaza or the West Bank. His doctors have determined that he urgently needs antibody immunotherapy. The court’s decision effectively denies him access to this potentially life-saving treatment.
This case underscores the broader impact of Israel’s restrictions on entry for Gaza residents implemented following the Hamas attacks of . Prior to the conflict, Palestinian patients from Gaza routinely received permits to access specialized medical care in Israel, including treatment for cancer.
The boy’s mother expressed profound despair following the court’s decision, describing it as a “death sentence” for her son. She also revealed that her husband succumbed to cancer three years ago, adding another layer of tragedy to the family’s situation.
Judge Ram Winograd, in his judgment, characterized the petition as an indirect challenge to the post- security restrictions. While acknowledging the urgent medical needs of thousands of children in Gaza, the judge maintained that no meaningful distinction could be made between this case and others barred by the current policy. He stated that the child’s presence in Ramallah did not warrant an exemption from the blanket ban.
The legal proceedings surrounding this case began in , with Gisha, an Israeli human rights organization, arguing that the situation highlights the inflexibility and potential cruelty of a bureaucratic system that prioritizes administrative data over immediate medical necessity. Gisha contends that the policy effectively condemns children to death when viable treatment options are within reach.
“This case once again illustrates the devastating consequences of a sweeping policy that denies Palestinians access to life-saving medical care solely on the basis of their registered address in Gaza, even when they are not residing there and no security allegations are raised against them,” Gisha stated in a recent press release. “The significance of this ruling is that the court is providing backing for an unlawful policy that effectively condemns children to death, even when life-saving treatment is in reach.”
The situation extends beyond this single case. Approximately , an estimated 11,000 Palestinian cancer patients remain trapped in Gaza, despite the recent reopening of the Rafah crossing. Medical professionals report a tripling of cancer-related deaths in the territory since the start of the conflict, attributed to restricted access to treatment and a shortage of chemotherapy drugs.
While some patients have been able to leave Gaza for medical care, the number remains significantly lower than the documented need. Approximately 4,000 individuals with official referrals for treatment in third countries are currently unable to cross the border. The World Health Organization reports that 900 people, including children and cancer patients, have already died while awaiting evacuation.
This case raises critical questions about the ethical and legal obligations of states to provide healthcare, particularly in conflict zones. International humanitarian law generally requires parties to a conflict to facilitate access to medical care for civilians. The denial of access based solely on administrative status, even in the context of security concerns, is likely to face increasing scrutiny from human rights organizations and international legal bodies.
The long-term consequences of these restrictions on access to cancer care in Gaza are likely to be severe, with a significant increase in preventable deaths and a lasting impact on the health and well-being of the Palestinian population. The situation underscores the urgent need for a resolution that prioritizes the medical needs of civilians and ensures equitable access to life-saving treatment.
