Israel’s parliament, known as the Knesset, has authorized the authorities to sentence Palestinian children up to the age of 12 to prison accused of crimes considered terrorist, allowing them to be placed in centers until they turn 14, and can be transferred at that time. to prisons.
With this legislation, children can face criminal charges and prison sentences if found guilty of “terrorist” type crimes, meaning that those minors of Palestinian origin considered under this heading could be detained and detention in closed centres, depending on the seriousness of the crime and the legal framework applied.
The temporary provision will be in place for five years, although it could be renewed every two years. A similar rule was in place between 2016 and 2020, but was not renewed. Therefore, until the Law is promulgated, in Israel criminal responsibility begins at the age of 12, but until now the legislation only allowed minors aged 14 and older to be imprisoned.
Legislators from the ultranationalist Jewish Power party, led by National Security Minister Itamar Ben Gvir, promoted this legislation under the argument of fighting terrorism from its roots, saying that the measure responds to security needs.
In contrast, the organization Adalah, a legal center for the protection of Palestinian rights in Israel, warned that this measure represents a step towards a dual legal system, with one set of laws applicable to Jewish Israeli citizens and another to Palestinians. .
According to Hadeel Abu Salih, Adalah’s lawyer, the law means “retribution and revenge,” contradicting the principles of Israel’s Juvenile Law, which prioritizes the rehabilitation of minors in conflict with the law. The regulations, according to their detractors, erode the rights of children in Palestine and represent a hardening of Israeli policies towards Palestine under the premise of the fight against terrorism.
According to Israeli sources, at the end of June 2024, 226 Palestinian minors were being held or imprisoned for “security” reasons by the Israeli Prison Service (IPS). At that time, the IPS also detained 93 Palestinian minors for being in Israel illegally.
Deportation of families and additional restrictions
Israeli lawmakers also enacted a second law that allows the deportation of the families of people also accused under the vague concept of terrorism. With this rule, the Minister of the Interior is authorized to order the deportation of family members who publicly show support or sympathy for violent acts, regardless of their level of participation in the proceedings.
Under this rule, family members can be transferred to the Gaza Strip or other areas determined by the Israeli authorities, and the periods of deportation are 7 to 15 years for Palestinian Israeli citizens and 10 to 20 years for Palestinian residents.
The legislation, backed by Israel’s Shin Bet intelligence agency, has been described as a deterrent to terrorism, according to its proponents. However, this policy has been strongly criticized by members of the Knesset, such as Palestinian MP Aida Touma-Suleiman, questioning its fairness and warning of the danger of punishing people who have not been involved in any crime together. .
“If the State considers that someone supports terrorism, it must follow the criminal procedure. But how can a minister have the power to order the deportation of the whole family, including the elderly and children? in Knesset politics.
The D case
- She was arrested in February 2016. She was 12 years old and was found guilty of attempted murder and possession of a knife.
The girl was sentenced to four and a half months in prison after a plea, being the youngest person in Israeli prison at the time. During her arrest, her parents were unable to visit her.
Sabha Mudya, D.’s mother, told the moments of uncertainty and fear she had after her daughter’s arrest: “That morning was normal. D. left home as usual to go to school. Shortly after, my brother came and told me that they found her near the settlement. “I couldn’t believe it.”
On the first day of her detention, D. was questioned twice without a lawyer or her parents present, a common practice in the detention of Palestinian minors in the West Bank, but which conflicts with legal guarantees of a fair trial.
“The first time a child is questioned is crucial,” explained Sarit Michaeli, spokeswoman for the Israeli human rights organization B’Tselem. “Unless they have legal advice, many children make confessions or statements that are damaging to them. There are cases where minors even incriminate others, because of the pressure of the questions.”
Michaeli added that these practices can lead minors to accept pleas that do not always reflect the reality of the facts, simply to avoid long detention and the suffering of being away from their families.
D.’s situation also highlighted the difference between the treatment of Palestinian minors in the Israeli military justice system and Israeli minors under the civilian justice system. “Palestinian minors can be held for much longer periods before they see a judge,” explained Michaeli. “In contrast, an Israeli minor under civil law is limited to 12 hours of detention before being brought before a judge.”
The girl’s arrest and imprisonment was one of the most iconic cases of the rule that began to be implemented in 2016 and was implemented again this Thursday. At the time, DCI-Palestine estimated that more than 700 Palestinian minors were sentenced in Israeli military courts each year. Most of these minors were arrested on charges of throwing stones, attempted assault or possession of weapons (Taken from Television)
Cover image: They allow prison for 12 year olds. Photo: EFE.
How does the new legal framework in Israel compare to international standards for juvenile justice?
Title: Understanding the Ramifications of New Legislation on Palestinian Minors: An Interview with Dr. Miriam Rahal, Human Rights Expert
Time.news Editor: Welcome, Dr. Rahal. The recent legislation passed by the Knesset allowing for the imprisonment of Palestinian children as young as 12 has raised significant concerns. Can you share your expertise on the implications of this law?
Dr. Miriam Rahal: Thank you for having me. This legislation is alarming and represents a significant shift in how the Israeli legal system addresses minors, particularly Palestinian children. With criminal responsibility now starting at 12 years old, this move essentially criminalizes a young demographic, which is a departure from the principles of rehabilitation that should govern juvenile justice.
Time.news Editor: You mentioned the principles of rehabilitation. How does this new law contradict those principles?
Dr. Miriam Rahal: The law emphasizes punitive measures rather than rehabilitation. Traditionally, juvenile systems aim to guide and reform young offenders. However, labeling Palestinian minors as potential terrorists based on their nationality or perceived political activities undermines the fundamental rights of these children and disregards their potential for rehabilitation.
Time.news Editor: Many voices, including organizations like Adalah, have expressed concerns about the establishment of a dual legal system in Israel. Could you elaborate on that?
Dr. Miriam Rahal: Absolutely. The concern is that this law and others like it create a framework where Palestinian minors are subject to stricter, often harsher laws compared to Jewish minors. This duality fosters inequality and discrimination, perpetuating a cycle of injustice. It can lead to arbitrary detentions and a lack of lawful recourse for these children, which we’ve seen before in cases involving Palestinian minors.
Time.news Editor: There’s also a recent law allowing the deportation of families of individuals accused of terrorist activities. What are the human rights implications of this measure?
Dr. Miriam Rahal: This law is particularly draconian. It punishes not just individuals accused of a crime but their entire families, often for acts of support that may not even involve violence. Such collective punishment is a violation of international law and goes against the principle of individual accountability. Family members, including children and the elderly, could be uprooted from their homes and communities based solely on the actions of one individual, an inherently unjust practice.
Time.news Editor: Opponents of these laws, such as Palestinian MP Aida Touma-Suleiman, have criticized the powers granted to ministers in these legal processes. What’s your take on that criticism?
Dr. Miriam Rahal: It’s a valid concern. The concentration of such significant power in the hands of a minister undermines due process and legal safeguards. If a minister can dictate the fate of families based on broad definitions of support for terrorism, it opens the door for abuse and arbitrary decision-making, which runs counter to democratic principles and the rule of law.
Time.news Editor: In light of these developments, how should the international community respond?
Dr. Miriam Rahal: The international community needs to underscore the importance of human rights and child protection. Condemnation of these laws is vital, as is providing support to organizations working on the ground to protect the rights of Palestinian children. There must also be strong efforts to hold Israel accountable for actions that violate international norms, particularly those that affect children, who are among the most vulnerable in conflict situations.
Time.news Editor: Dr. Rahal, thank you for sharing your insights with us today. It’s crucial to keep speaking out about these issues.
Dr. Miriam Rahal: Thank you for highlighting these pressing matters. Continued dialogue is essential for change and improving the situation for Palestinian minors and their families.