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Gerard Horton

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Imprisoned Palestinian Children Must Be Treated Justly

Posted: 08/08/2012 3:01 pm

"UK ready to take on Israel over fate of children clapped in irons," read the headline in a leading UK newspaper the morning after the latest report on the treatment of Palestinian children held in military detention was released in London in June. The Foreign Office-funded report -- Children in Military Custody -- was written by a delegation of UK lawyers that included a former Attorney General and a judge of the Court of Appeal, following their visit to Israel and the West Bank last September.

The report, the findings of which have been described as "shocking" and "damning," describes how children as young as 12 years are prosecuted in military courts after being arrested by soldiers in terrifying night-time raids. The report refers to evidence collected by Israeli and Palestinian lawyers, as well as UN agencies, which describes an abusive system in which children are threatened and physically coerced into signing confessions, some of which are written in Hebrew, a language they do not understand. Following their conviction in a military court, most of the children are shipped off to prisons in Israel, in violation of the Fourth Geneva Convention, which prohibits their transfer out of the West Bank. Further, the report found that the military's treatment of Palestinian children also violates the Convention on the Rights of the Child in a number of key respects.

As shocking as these findings may be, reports of abuse within Israel's military detention system are not new. In April 2012, Defence for Children International (DCI) released a report following a review of over 300 sworn testimonies collected from children imprisoned over the past four years. The report -- Bound, Blindfolded and Convicted -- found that children were tied, often painfully so and for lengthy periods, in 95 percent of cases; blindfolded in 90 percent of cases; subjected to physical violence in 75 percent of cases; transferred on the floor of military vehicles in 32 percent of cases; and imprisoned inside Israel in violation of the Fourth Geneva Convention, in 63 percent of cases. The report concluded that there was a systematic pattern of ill-treatment of children within the system.

Similarly in 2011, the Israeli organization B'Tselem released a report -- No Minor Matter -- which considered the cases of 800 Palestinian children prosecuted in Israeli military courts for throwing stones. As part of their research, B'Tselem attempted to determine the number of persons injured by stone throwing, but none of the government agencies contacted kept any data on the issue. B'Tselem concluded that "the rights of Palestinian minors are flagrantly violated at every stage of the proceedings conducted against them, from the initial arrest and removal from their homes, through interrogation and trial, to serving the prison sentence, and then release."

The response from the Israeli authorities to these complaints is that throwing stones is dangerous, and sometimes lethal, implying that death is commonplace. Although any loss of life is a tragedy to be avoided, evidence collected by B'Tselem indicates that in the past 11 years, four people, including one Palestinian, have been killed by stones thrown at vehicles traveling in the West Bank. No one argues that offenses should not be punished, but we should all be able to agree that children accused of the same crime must be treated with equality under the law. Why then is a child accused of throwing stones in the West Bank prosecuted in a military court just because he is Palestinian, whereas an Israeli settler child accused of the same offense is processed in a civilian juvenile justice system, with all the added protections and safeguards this implies? Most would agree this is discrimination based on racial grounds, as I believe -- something that has no place in a modern democracy.

Many now argue that the institutionalized discrimination experienced by 700 Palestinian children prosecuted in Israel's military courts each year is unsustainable and must end. A number of simple and practical measures have been recommended to reduce the level of abuse that is being reported, which include measures that already apply to Israeli children. These measures include ensuring that all children, regardless of race, are entitled to see a lawyer prior to questioning and to be informed of their legal rights. Further, just like Israeli children, Palestinian children should be accompanied by a parent when questioned, and finally, all interrogations should be audio-visually recorded. This final measure not only provides protection to the child against improper interrogation techniques, but also protects the interrogator against false allegations of wrongdoing.

Since June 1967, approximately 730,000 Palestinian men, women and children have been held in military detention. To suggest that nearly three-quarters of a million people are "terrorists," as is often implied, is both simplistic and unhelpful. Labeling an entire population as "potential terrorists" fails to acknowledge the part illegal Israeli settlement construction plays in raising tensions in the region, while leaving many frustrated that Israeli violations of international law go unchallenged. In few other situations would the international community tolerate an entire civilian population being held under military rule for 45 years, or the systematic abuse and military detention of children as young as 12. Until a bona fide attempt is made to right this institutionalized injustice, can anyone realistically expect the situation on the ground to improve?

Gerard Horton is the International Advocacy Officer and lawyer for Defence for Children International - Palestine Section.

 
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05:28 PM on 08/09/2012
If it were some other country doing all this, Clintons would be up in arms and rounding up the UNSC for a strong protest. No wonder we are liked less and less in the world.
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Marcus047
given up on HP
08:06 PM on 08/09/2012
if this were some other country, none of you pseudo-liberals would be complaining about it at all. You're only here because it's israel. Protested the torture of children in syrian jails yet? What about the murder of children in iranian jails? No? Surprise.
11:19 PM on 08/09/2012
You said it. The question why does Israel get the same treatment as Iran or Syria. You really think World treats child killers, molesters and jailers with kid gloves? You expect decades and decades of occupation and apertehid not to take a toll and leave deep scars? Time to look at a mirror.
12:02 PM on 08/09/2012
The report contains proof of racism. And the pro occupation posse on here illustrate their racism beautifully.
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HUFFPOST SUPER USER
American4456
JUSTICE FOR ALL, NOT BULLETS
01:05 PM on 08/09/2012
fanned.
04:46 PM on 08/09/2012
American4456, thank you. And back at you too!
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GilGamish
Exposing the charlatans
03:02 PM on 08/09/2012
go to their web site they blame Palestinian militants recruitment of children on Israel. the fact that they try and pass themselves off as a non political group interested in children's rights.
Michael II
Neither the one, nor the only
11:46 AM on 08/09/2012
A lot of this comes down to a simple fact: armies are not equipped or trained to police civilian populations. They have neither the training, patience nor minimum legal grounding to handle situations like this. So the authorities do what they can to contain recruits and promise to do better when the inevitable problems arise. No army is capable of dealing with civilians. Just about every one that has had prolonged contact with civilians ends up embroiled in human rights issues.
02:33 PM on 08/09/2012
Israel uses troops because they are more brutal than police.
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Marcus047
given up on HP
08:11 PM on 08/09/2012
israel uses troops because palestinian security forces are corrupt, unreliable and homicidal.
03:16 PM on 08/09/2012
absolutely true. good observation.
Rosin the Bow
Palestine doesn't want peace. Meshaal said so
10:49 AM on 08/09/2012
If Palestinians didn't use their children as combatants, they wouldn't be in jail. Simple, but requires Palestinians to change their behavior. An exercise in futility.
11:39 AM on 08/09/2012
Really. And since when have you ever proved yourself better than Sir Stephen Sedley? Got a stellar legal career? Care to provide evidence that you are held in such high esteem by fellow lawyers the world over? Your opinion amounts to nothing more than a scorn filled piece of ignorance. Unless you can produce your fact filled report. But we all know you can't.
Rosin the Bow
Palestine doesn't want peace. Meshaal said so
12:30 PM on 08/09/2012
Who is Sir Stephen Sedley? No one is denying the Palestinians use their children as combatants.
02:34 PM on 08/09/2012
Intelligence would help your posts quite a bit.

Honesty would help even more.
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Talab
I tot i taw a putty tat
04:16 PM on 08/09/2012
Too much to hope for on both counts
10:48 AM on 08/09/2012
America and every country must demand the Palestinians cease use of child soldiers.

Wrong in Rwanda.

Wrong in the Congo.

Wrong in "Palestine."
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Talab
I tot i taw a putty tat
04:11 PM on 08/09/2012
And that Israel stop targeting children when they are obviously NOT solders
04:53 PM on 08/09/2012
When has that ever happened?
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MarcEdward
likes all cats more than most people
10:44 AM on 08/09/2012
(1) If "children" are committing violent crimes, exactly what is Israel supposed to do (other than the obvious, leave the occupied territories, which they won't do). Until Israel leaves, this sort of thing will happen, and it's understandable that Israel would jail kids "as young as 12" (although that probably means most of them are older)
(2) It'd be more useful to deal with how Israel violates international law in HOW they arrest, try and jail Palestinians in general. Under international law, prisoners in occupied territories have to be jailed in local institutions, not held in the "mother country". By keeping OC Palestinian prisoners, they are kept far away from their families, visits are difficult. Just require Israel to follow International law, don't hype "child prisoners", that's just weak, a a rather transparent attempt to play the "what about the children" card.
11:36 AM on 08/09/2012
The "what about the children" card is the only card Palestinian supporters have.
11:51 AM on 08/09/2012
How about you read the article and the links included in it. Your facile charge lays bare your ignorance.
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HUFFPOST SUPER USER
American4456
JUSTICE FOR ALL, NOT BULLETS
12:50 PM on 08/09/2012
No, that is just one of the MANY injustices which the Palestinians are victims of.
03:17 PM on 08/09/2012
good post
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Marcus047
given up on HP
08:29 AM on 08/09/2012
These "children" are 16 and 17 year-olds who were arrested for assaulting others, throwing stones at them, sometimes even participating in hamas, fatah, etc terrorist attacks. There is not a country in the world, including the US, Canada, Britain and France where these criminals would not be in jail. They're lucky to be in an israeli jail. In an arab jail they would be in seriously worse conditions and would face regular assaults, resulting in the majority never walking out of prison.

These are criminals not innocent victims. They belong in jail. As do the parents and guardians who encouraged and allowed them to commit the crimes that resulted in their arrests.
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Freenation
11:56 AM on 08/09/2012
'These "children" are 16 and 17 year-olds'

the article states 12 years old...do you have reading issues or just doing hasbara job?
12:21 PM on 08/09/2012
The article doesn't state that.
02:43 PM on 08/09/2012
Prevarication is their job.
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courtb
07:42 AM on 08/09/2012
I agree with your premise. There should be more protections in place for Palestinian children who are arrested by the IDF. As they are not citizens of Israel, it wouldn't be appropriate to try them in civil court, but there really should be specialty military courts who solely deal with children.

Maybe instead of tossing them into prison, they should be exposed to Israeli youths, Israeli culture, etc. Maybe OneVoice or Seeds for Peace could help come up with programming to work on diffusing the underlying hatred and anger. The same could be the punishment for settler children as well.
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Gonzo36
Pro-awesome!
09:11 AM on 08/09/2012
Love this idea. Probably not practical, but a great sentiment.
11:28 AM on 08/09/2012
There ARE "specialty military courts who solely deal with children." According to the actual report the author cites (as opposed to his summary), Israel set this system up three years ago.

From paragraph 8: "in 2009 the military juvenile court was created by Military Order 1644. In the new court, judges are trained to deal with children. Whilst at the time of the delegation’s visit the court was empowered to deal with children under 16, we were informed by the military that, in practice, it heard cases of children up to the age of 18. Since our visit, by virtue of a new Military Order, 1676, which was passed on 27 September 2011, the court now officially has jurisdiction over children up to the age of 18."
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courtb
05:09 PM on 08/09/2012
Thank you for that information - I did not know that!
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Anybodyseenthepopos
אני כלום בלעדיהם
04:34 AM on 08/09/2012
And if you want a REAL solution, suggest that the parents do the time for the child. THAT is the only way this is actually going to stop.
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Sam7even
You're either with Humanity or you're not.
07:13 AM on 08/09/2012
Goodness, sure blame the parents when it is the Israeli court system and society to blame for their treatment.
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bubbyejm
08:16 AM on 08/09/2012
I guess you don't think it's the ACTIONS of the child causing this
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GZLives
10:37 AM on 08/09/2012
Its not the fault of the parents?
Have a look

http://www.dailymotion.com/video/x32p38_plo-boy-scouts-in-beirut_news
08:15 AM on 08/09/2012
Equally, the same should be applied to Israeli children, especially those of Orthodox settlers, who are taught bigotry as part of their religion and culture.
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09:26 AM on 08/09/2012
Yes, that will be fair, don't forget their parents too.
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Anybodyseenthepopos
אני כלום בלעדיהם
11:55 AM on 08/09/2012
Sure.  If they're committing crimes at the direction of the parents or "village elders".  I have no problem with that. 
04:02 AM on 08/09/2012
If any other country was doing this, the White House would be screaming blue murder............
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bubbyejm
08:17 AM on 08/09/2012
In any other countries a child throwing a DEADLY object at a soldier would be treated the same way - or worse
11:14 AM on 08/09/2012
A bit honesty challenged, aren't you.

Since when is the rock a ten year old can throw "deadly" to a soldier wearing riot armor or to a tank/APC?
05:34 PM on 08/09/2012
Yes, those darn stones killed so many brave soldiers... how about getting soldiers and settlers out of their homes first?
08:18 AM on 08/09/2012
To complain about any Israeli behavior in the US is political suicide. The american-ISRAELI Public Affairs Committee sees to that.
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HEXYEBO
What time is it ? Same as usual
03:47 AM on 08/09/2012
"Why then is a child accused of throwing stones in the West Bank prosecuted in a military court just because he is Palestinian, whereas an Israeli settler child accused of the same offense is processed in a civilian juvenile justice system, with all the added protections and safeguards this implies?
Most would agree this is discrimination based on racial grounds?"
Most objective people would actually strongly disagree.
Fact:Israeli Arabs who commit crimes in Israel would be prosecuted in civil courts.
This fact alone completely refutes racial " grounds" allegation.

Additional Fact: Disputed Territories are administered by Military authority, bot civil authorities. Therefore, Palestinian residents of these territories are tried by courts in its administrative jurisdiction.
08:25 AM on 08/09/2012
Being a functionary of the Israeli propaganda system, you have never had an "objective" thought in your life regarding Israel...........your every thought has been ISRAEL is right.

There have been videos linked on HP of settlers shooting unarmed Palestinians while IDF troops watched and did nothing. We can see the difference in treatment between Jews and Muslims in Jewish controlled areas of Palestine.
Your post is, as normal for you, totally biased toward Israel.
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10:52 AM on 08/09/2012
show me one postt of ures….just one….that isn't 'biased towards palis'
such pure hippocrisy ya spout.
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HEXYEBO
What time is it ? Same as usual
11:23 AM on 08/09/2012
Sorry, salish, I don't debate with those afflicted with virulent Judeophobia
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HEXYEBO
What time is it ? Same as usual
03:38 AM on 08/09/2012
Palestinian children are lucky. Everyone gets to join a rock band.
09:37 AM on 08/09/2012
Strong post.
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Finkelstein Fan
01:35 AM on 08/09/2012
These Palestinian children should be grateful they were arrested by a country that has shown such a commitment to 'upholding human rights'. Imagine if they'd been arrested by any other country other than the 'light unto the nations' (They may have been treated like ummmmm... children! And we can't have that).
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bubbyejm
08:19 AM on 08/09/2012
Children with DEADLY weapons - guess again
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HUFFPOST SUPER USER
American4456
JUSTICE FOR ALL, NOT BULLETS
01:14 PM on 08/09/2012
A rock against a tank, against a helicopter gunship, against a platoon of trained armed soldiers? And, why are they throwing rocks anyway???? THAT is the true injustice here; all the rest are the resulting side effects of oppression and occupation.
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Marcus047
given up on HP
This user has chosen to opt out of the Badges program
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09:36 AM on 08/09/2012
Any country that treats kid that way should be criticized the same way, but one thing is clear, two wrong don't make one right.
09:58 AM on 08/09/2012
Why do you think you can deflect the issue or the nature of the converstion. This is about children arrested for resisting an occuping force, and they treated. Where else is there a similar situation in the world.

Israel is a occuping force and their actions are that of a thug , when considering their behavior towards these children.
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Sam Bark
It's a MAD world after all...
01:28 AM on 08/09/2012
Mr. Horton, if you play with fire you get burned....
Please tell your bleeding heart lawyers to maybe they should talk with the PA and Hamas to stop using their teens and pre-teen as a rock throwers and killers.... just remember the FOGLE FAMILY killed in cold blood, including a 3 mos old baby… I do not hear your or the British media moral outrage for such a brutal heartless killing.....
You can sue to your heart delight, but Israel is within its rights to defend its citizens and lock up would be terrorists no matter their age.... You play with FIRE, YOU GET BURN.
Michael II
Neither the one, nor the only
11:30 AM on 08/09/2012
"I do not hear your or the British media moral outrage for such a brutal heartless killing..... "

Being deaf does not give your case any more weight.

And by the way, http://news.bbc.co.uk/2/hi/middle_east/8338745.stm