'Profound Moral and Legal Failure': Israeli Supreme Court Rejects Appeal of Dr. Hussam Abu Safiya

Defenders of Palestine, human rights, and the rule of law denounced the Israeli Supreme Court's rejection Tuesday of an appeal from Dr. Hussam Abu Safiya, the Gaza hospital director imprisoned by Israel for 535 days without charge or trial and allegedly tortured by his captors.

In its decision, Israel's highest court cited a 2002 law allowing the government to detain people it classifies as "unlawful combatants" without charging them with a criminal offense or prosecuting them as prisoners of war.

The Times of Israel reported that because the Supreme Court's decision was based on classified intelligence, it will not be publicly released.

Israel claims Abu Safiya—a 52-year-old pediatrician who was the director of Kamal Adwan Hospital in Beit Lahia when he was abducted on December 28, 2024 during one of multiple Israeli sieges and assaults on the facility—is a colonel in Gaza's Military Medical Services. Israeli officials cited the service's own records and a 2016 photo showing the doctor wearing a uniform and seated beside members of Hamas, which carried out the October 7, 2023 attack on Israel.

However, supporters of Abu Safiya, human rights groups, and many medical organizations contend that "colonel" is a state medical corps rank rather than a combat command role, and note that Hamas' political wing rules Gaza. They point to positions and organizations like the US surgeon general and US Public Health Service Commissioned Corps—which is one of the nation's eight uniformed services but not part of the military—as illustrative of the concept.

“The rejection of Dr. Hussam Abu Safiya’s appeal and his continued detention without charge represent a profound moral and legal failure,” said Naji Abbas, director of the Prisoners and Detainees Department at Physicians for Human Rights Israel, following the court's decision.

"Dr. Abu Safiya’s case is not an isolated one. It illustrates how judicial review proceedings for Palestinian detainees from Gaza have, in practice, become little more than a procedural formality," Abbas added. "Every month, hundreds of detention review hearings take place, yet to the best of our knowledge, they have not resulted in the meaningful reconsideration or revocation of detention orders—even in cases involving doctors and other medical personnel."

The Palestinian Center for Prisoners Advocacy said the high court's rejection of Abu Safiya's appeal "constitutes a clear violation of international humanitarian law and the Geneva Conventions, which provide special protection for medical personnel during armed conflicts and prohibit their targeting or arbitrary detention for carrying out their humanitarian and professional duties."

"Dr. Abu Safiya remains held in solitary confinement at Nafha Prison under harsh and degrading detention conditions, while being denied necessary medical treatment and the most basic fundamental rights guaranteed to prisoners and detainees," the center continued, adding that it "holds the Israeli occupation authorities fully responsible for the life and safety of Dr. Hussam Abu Safiya, and calls for his immediate release, the provision of urgent medical care, and an end to the policy of arbitrary detention against medical and humanitarian personnel."

United Nations experts in March cited "reports that Dr. Abu Safiya has been subjected to torture and other cruel and degrading treatment, and that his health condition remains dire," as well as "flagrantly arbitrary" detention, in calling for his release. UN agencies, human rights groups, elected officials, and professional groups including the American Academy of Pediatrics are among those demanding that Israel free Abu Safiya.

Last week, Abu Safiya—who showed visible signs of his alleged torture—appeared remotely via video before the Supreme Court to demand his release following at least four major detention extensions or renewals.

“My detention is unjust and arbitrary, and I demand my immediate release,” he told the court. “I am a pediatrician who provides medical services and care to patients, the wounded and vulnerable people in the Gaza Strip.”

Abu Safiya was abducted while defying an Israeli forced displacement order by refusing to evacuate Kamal Adwan Hospital as long as patients were still being treated. In one of several Israel Defense Forces attacks on the facility, Israeli troops surrounded, bombarded, and then stormed the hospital over three weeks in December 2024, killing and wounding staff and patients while terrified children and other people were being treated inside.

During a previous Israeli attack on Kamal Adwan, Abu Safiya’s 15-year-old son was killed in a drone strike, and the doctor was seriously wounded in a separate drone attack that left six pieces of shrapnel in his leg.

As the invaders expelled Kamal Adwan's patients and staff, Abu Safiya sounded the alarm on the "catastrophic" conditions inside the facility, which, according to alleged victims and witnesses, included Israelis sexually assaulting women and girls as young as 13.

After his capture, Abu Safiya was first jailed at the notorious Sde Teiman prison in Israel’s Negev Desert—where dozens of detainees have died and where torture, sexual assault, and other abuses have been reported—and then Ofer Prison in the illegally occupied West Bank. He was subsequently transferred to Ketziot Prison and then Nafha Prison in the Ramon Prison complex.

Abu Safiya said he has endured torture by his captors—including beatings with batons and electric shocks—and suffered severe weight loss, broken ribs, and other injuries, for which he was allegedly denied adequate medical care.

Israeli authorities deny these accusations. However, there have been many documented and otherwise credible reports of health and medical workers being tortured by Israeli forces—sometimes fatally, as in the case of Dr. Adnan al-Bursh, who headed the orthopedic department at al-Shifa Hospital in Gaza City.

According to Francesca Albanese, the United Nations special rapporteur on the occupied Palestinian territories, al-Bursh was “likely raped to death."

Responding to the Israeli Supreme Court's decision, former Greek Finance Minister Yanis Varoufakis—an outspoken advocate for Palestinian rights—said Tuesday on social media that "the heroic doctor's torture by Israel continues."

"They continue to torture Dr. Hussam Abu Safiya for the crime of not abandoning his patients," he added. "Without laying charges [or] offering him anything resembling due process, Israel is killing him slowly. One day, everyone will say they were against this."

On Monday, the editors of Haaretz, Israel's oldest daily newspaper, asserted in an editorial that Abu Safiya's "continued detention, and that of the other doctors from Gaza, is an injustice and constitutes collective punishment for Gaza's residents, who need their service" amid an ongoing public health crisis.

"If Israel has evidence against Abu Safiya, it should indict him and present that evidence," the editors argued. "If it doesn't have evidence against him, it needs to release him, and all the other jailed doctors, promptly."