The Israeli Supreme Court on Thursday rejected a petition seeking to force the government to resume the supply of electricity to the Gaza Strip, declaring the matter a political decision outside the scope of judicial review.
“Israel Is Not Obligated to Provide Electricity to Its Enemy”
In his ruling, Justice Alex Stein wrote that the decision to supply or withhold electricity lies solely with the executive branch and is not subject to court intervention.
“Israel is not legally obligated to provide electricity to Gaza—whether paid for or not—especially when the territory is controlled by a hostile entity like Hamas, which is actively engaged in acts of terror against the state,” he said.
Justice Stein added that even if the petition is framed as a humanitarian issue, it remains a political question, not a legal one.
Citing 2018 Precedent: “Not Justiciable”
Stein referenced a 2018 court precedent, which also ruled that cutting electricity to Gaza falls entirely under the government’s discretion and is not a matter for the courts to decide.
“The exercise of such discretion is not justiciable,” he emphasized.
The Court also rejected the broader argument that enemy entities could be granted legal rights akin to those of recognized states while actively engaging in armed conflict with Israel.
This firm ruling sends a clear message: decisions involving humanitarian aid and essential services to hostile territories are matters for the Israeli government alone, not the judiciary.
