Israel’s High Court of Justice on Sunday ordered the government to provide a timetable for completing the necessary steps before Palestinians displaced from three refugee camps in the northern West Bank can return to their homes. The court also requested that the state indicate whether the process could be accelerated and respond to claims regarding deficiencies in humanitarian aid to the displaced residents. The government must submit its response by November 23, 2026.
The ruling stems from a petition filed by six Palestinian residents and the Association for Civil Rights in Israel (ACRI). The petition seeks to facilitate the return of residents to the Jenin, Tulkarm, and Nur Shams refugee camps and to establish a broader mechanism for the return of other displaced persons. It also calls for humanitarian provisions to support the residents while their return is pending. Notably, the court did not order an immediate return or instruct the Israel Defense Forces (IDF) to withdraw from the camps.
The petition came amid ongoing security operations following Operation Iron Wall, launched by the IDF in the northern West Bank in January 2025. Supreme Court President Isaac Amit and Justices Alex Stein and Khaled Kabub highlighted that nearly one year and nine months had elapsed since the operation commenced, and according to state authorities, the security conditions for residents’ safe return had not yet been fulfilled.
The case has been under judicial review since September 2025. In preliminary submissions, the state argued that ongoing security concerns prevented the return of displaced residents. Officials maintained that there was no military order for residents to leave and asserted that most departed prior to the start of the operation. The state acknowledged that residents were only allowed limited access to the camps under military coordination.
During hearings, the court was informed that more than 400 buildings had been demolished on military orders in addition to those damaged during the fighting. The government’s August 24 update indicated there had been no significant improvement in security conditions, citing continued discoveries of weapons and explosives by the military. The state maintained that operational control was necessary and that residents could not be allowed to return safely at this time. It further claimed that adequate humanitarian aid was being provided to the displaced persons.
Petitioners challenged these assertions in their September 17 response, disputing the claimed security justifications and the adequacy of humanitarian assistance. They contended that the state’s policy appeared aimed at maintaining long-term security control rather than responding to active combat conditions and argued that displaced families were not receiving sufficient aid.
Following the court’s directive, Finance Minister Bezalel Smotrich condemned the ruling, urging Prime Minister Benjamin Netanyahu and Defense Minister Israel Katz to instruct the IDF not to cooperate with the court’s order. Smotrich warned that allowing residents’ return could enable the reestablishment of terrorist infrastructure in the northern West Bank. He also criticized the judiciary’s involvement, drawing parallels to the court’s role before the October 7 massacre in Gaza and called for investigations into the justices themselves. Smotrich emphasized that security decisions should remain the sole prerogative of elected officials and reiterated his support for proposed reforms to Israel’s judicial system.
