Can Journalists Enter Gaza? Only With an IDF Escort, the Supreme Court Ruled in 2024
Israel’s Supreme Court ruled on 8 January 2024 that journalists could enter Gaza only on IDF escort. COGAT issued no permits for any purpose.
Journalists could not enter Gaza independently as of 8 January 2024, when Israel’s Supreme Court, sitting as the High Court of Justice, dismissed the Foreign Press Association’s petition in HCJ 8884/23. The Supreme Court recorded that COGAT, the Coordinator of Government Activities in the Territories, had issued no entry or exit permits between Israel and Gaza for any purpose since 7 October 2023. This is COGAT’s own permit policy, and it covered Israeli and foreign journalists alike. The only route in that the judgment describes is entry under the IDF’s own escort arrangement, to limited areas at limited times.
| Figure | What it counts | Period |
|---|---|---|
| None | Entry or exit permits between Israel and Gaza issued under COGAT’s own permit policy, “for any purpose” | Since 7 October 2023, as recorded on 8 January 2024 |
| 1 crossing | Erez, the only crossing for movement of people between Israel and Gaza, attacked and out of operation | Since 7 October 2023 |
| 1 dated entry | Escorted entry for the petitioner’s reporters under the IDF’s own escort arrangement | 8 December 2023 |
| 2 reasons | Security reasons the Court accepted against independent permits | Judgment of 8 January 2024 |
| 3 justices | Panel: D. Barak-Erez, H. Kabub and R. Ronen, opinion by Justice Ronen | Judgment of 8 January 2024 |
| No costs order | Disposition after the petition was dismissed | Judgment of 8 January 2024 |
Source: Supreme Court of Israel sitting as the High Court of Justice, HCJ 8884/23, judgment of 8 January 2024.
HCJ 8884/23 upheld COGAT’s bar on independent journalist entry
The Supreme Court held on 8 January 2024 that it had no grounds to intervene in the bar on independent journalist entry, and dismissed the petition in limine. The bar is COGAT’s own permit policy, applied to permits for any purpose, not to journalists alone. Paragraph 11 reads “העתירה נדחית אפוא” (the petition is therefore dismissed), with no order for costs.
The facts the Supreme Court recorded in paragraph 3:
- The Erez crossing, the only crossing for movement of people between Israel and Gaza, was attacked on 7 October 2023 and has been out of operation since.
- COGAT, under its own permit policy, issued no entry or exit permits between Israel and Gaza “לכל מטרה שהיא” (for any purpose).
- Independent entry of journalists was not possible, for Israeli and foreign journalists alike.
- The petition sought independent entry permits for foreign journalists, as distinct from entry under the IDF’s own escort arrangement.
Escorted IDF entries reach limited areas at limited times
Entry with an escort was the one route the Supreme Court recorded, and the arrangement is the IDF’s own. In paragraphs 3 and 9, the Supreme Court recorded that the IDF allowed limited entry of Israeli and foreign journalists “לאזורים מוגבלים ובזמנים מוגבלים” (to limited areas and at limited times).
| Term of entry | As the Court records it |
|---|---|
| Who | Israeli and foreign journalists |
| How | Individually or in a pool |
| Escort | Security forces, and at times IDF Spokesperson representatives |
| Where and when | Limited areas, at limited times |
| Dated entry | Petitioner’s reporters, 8 December 2023 |
Source: Supreme Court of Israel, HCJ 8884/23, paragraphs 3 and 9.
The Court accepted 2 security reasons against independent permits
The Supreme Court accepted 2 security reasons against independent permits, both resting on the respondents’ own account of operational risk in wartime. It called the escorted-entry policy, which is the IDF’s own, “מדיניות מאוזנת וסבירה” (a balanced and reasonable policy).
| Reason | What the Court records in paragraph 9 |
|---|---|
| Exposure of forces | Independent movement could expose IDF forces, including their locations, and could endanger soldiers or frustrate operations |
| Reopening a crossing | Independent permits would require reopening the damaged Erez crossing or an alternative, diverting security resources in wartime and endangering crossing staff and users |
Source: Supreme Court of Israel, HCJ 8884/23, paragraph 9.
The Supreme Court stated in paragraph 8 that press freedom and the public’s right to know are not absolute and may yield to other rights and interests. Quoting HCJ 9910/08 of 2 January 2009, it held that these rights stand in wartime “ואף יש להם חשיבות מיוחדת בתקופה זו” (and have special importance in such a period). The Court weighed them against the risk to life of operating the crossings.
The 2024 ruling rests on the security situation at the time
The Supreme Court held in paragraph 10 that its ruling rests on the security situation at the time. If circumstances change, the petitioner may renew its request to the respondents, COGAT among them under its own permit policy, and, if needed, file a new petition. The judgment does not hold that journalists may never enter Gaza.
No Israeli body publishes a count of journalists escorted in
No Israeli body publishes a count of journalists escorted into Gaza. The Supreme Court recorded the IDF’s own escorted-entry arrangement and one dated entry, on 8 December 2023, and gave no total. COGAT’s own permit policy is recorded as issuing no permits; neither COGAT nor the IDF publishes an escort tally alongside it.
- No published total of escorted visits into Gaza.
- No published total of journalists admitted under escort.
- No published split of escorted journalists into Israeli and foreign.
- No COGAT, IDF or ministry publication setting out a later decision on independent press permits.
Every figure here comes from 1 Supreme Court judgment
- The judgment is dated 8 January 2024 (27 Tevet 5784); it was reported on 9 January, and the date of record is the 8th.
- The permit bar is COGAT’s own policy and the escort is the IDF’s own arrangement; the Supreme Court recorded both as facts and counted no escorted entries.
- The judgment carries no figures beyond dates, the case number, the 2 reasons and the panel of 3.
- The holding is tied to the security situation at the time (paragraph 10).
- The official text is Hebrew; the English renderings are this site’s translation.
Questions readers ask
Who brought the case on press access to Gaza?
The Foreign Press Association in Israel petitioned for independent entry permits for foreign journalists. The Supreme Court ruled on the petition, HCJ 8884/23, on 8 January 2024.
Who were the respondents?
The caption names COGAT, the GOC Southern Command and the Minister of Defence. The Supreme Court recorded that the permit policy under challenge was COGAT’s own.
Which judges decided it?
The Supreme Court published the judgment of Justices D. Barak-Erez, H. Kabub and R. Ronen, with the opinion written by Justice Ronen.
Did the bar apply to Israeli journalists as well as foreign ones?
Yes. The Supreme Court recorded that independent entry was not possible for Israeli and foreign journalists alike.
Why does the Erez crossing matter?
The Supreme Court recorded that Erez was the only crossing for movement of people between Israel and Gaza, and that it was attacked on 7 October 2023 and has been out of operation since.
Was the petition decided on its merits?
The Supreme Court held that the petition was dismissed in limine, for lack of grounds to intervene.
Did the Court order the petitioner to pay costs?
No. The Supreme Court ruled in paragraph 11 that, in the circumstances, there was no order for costs.
What did the Court say about press freedom in wartime?
The Supreme Court stated that press freedom and the right to know are not absolute. Quoting HCJ 9910/08, it held that they have special importance in wartime and are weighed against the risk to life.
Which earlier case did the Court rely on?
The Supreme Court quoted HCJ 9910/08, a judgment of 2 January 2009, on press freedom in wartime.
Is the bar permanent in law?
The Supreme Court held that its ruling rests on the security situation at the time, and left the petitioner free to renew its request and file a new petition if circumstances change.
When did an escorted entry take place?
The Supreme Court recorded an escorted entry for the petitioner’s reporters on 8 December 2023, under the IDF’s own escort arrangement.
Does the judgment say whom escorted journalists may interview?
No. The Supreme Court recorded that escorted entry reaches limited areas at limited times, and published no rule on interviews.
How many journalists have entered Gaza with the IDF?
The Supreme Court recorded the IDF’s own escort arrangement and one dated entry, and published no total. No COGAT, IDF or ministry publication carries one.
Sources
- Supreme Court of Israel sitting as the High Court of Justice, 2024. HCJ 8884/23 Foreign Press Association in Israel v. Coordinator of Government Activities in the Territories, GOC Southern Command and Minister of Defence. Judgment of 8 January 2024 (27 Tevet 5784), Justices D. Barak-Erez, H. Kabub and R. Ronen. Supreme Court judgments database, https://supremedecisions.court.gov.il/Home/Download?path=HebrewVerdicts/23/840/088/p04&fileName=23088840.P04&type=2. Official or primary record (court judgment), Hebrew.
