How Israeli law permitting child detention imperils the rights of Palestinian minors

Under legislation passed in November by the Knesset, Israeli authorities are now permitted to imprison Palestinians under the age of 14. (AFP file/Getty Images)
Under legislation passed in November by the Knesset, Israeli authorities are now permitted to imprison Palestinians under the age of 14. (AFP file/Getty Images)
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Updated 08 January 2025
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How Israeli law permitting child detention imperils the rights of Palestinian minors

How Israeli law permitting child detention imperils the rights of Palestinian minors
  • Under legislation passed in November by the Knesset, Israeli authorities are permitted to imprison Palestinians under the age of 14
  • Rights monitors say Israel has detained some 460 children since the Oct. 7, 2023, Hamas-led attack triggered the Gaza war

DUBAI: Frightened, alone, and often injured during arrest, Palestinian children routinely find themselves vulnerable to abuses and deprived of basic rights after they are taken into Israeli custody, according to human rights monitors.

Under legislation passed in November by the Knesset, Israeli authorities are now permitted to detain Palestinians under the age of 14 — a measure that rights groups claim is motivated by revenge rather than security needs.

The bill, proposed by a member of Prime Minister Benjamin Netanyahu’s Likud party and approved by 53-33 votes, allows judges to sentence minors between the ages of 12 and 14 to prison terms if convicted of terrorist murder, manslaughter, or attempted murder.




Palestinians clash with Israeli security forces during a raid at the Balata camp for Palestinian refugees, east of Nablus in the occupied West Bank on November 23, 2023. (AFP)

According to the law, which was passed as a temporary measure lasting for five years, convicted minors can be held in closed facilities until they turn 14, after which they can be transferred to regular prisons.

An identical law, which was passed in 2016 following a series of attacks carried out by teenagers and other minors, expired in 2020.

According to the Palestinian Commission for Detainees and Ex-Detainees Affairs, Israel imprisoned more than 460 children between the months of October 2023 and January 2024.

INNUMBERS

460

Children imprisoned by Israel between October 2023 and January 2024, according to the Palestinian Commission for Detainees and Ex-Detainees Affairs.

16

Israeli courts have long defined the term ‘Palestinian child’ as a person under the age of 16, rather than the internationally recognized age of 18.

The Israeli parliament also passed a law in November that allows for the deportation of the family members of those convicted of attacks on Israeli citizens.

Furthermore, it allows for the deportation of the family members of those who had advance knowledge and either failed to report the matter to the police or “expressed support or identification with an act of terrorism.”




Under legislation passed in November by the Knesset, Israeli authorities are now permitted to imprison Palestinians under the age of 14. (AFP file/Getty Images)

Relatives of those who published “praise, sympathy or encouragement for an act of terrorism or a terrorist organization” can also be deported.

“This is a historic and important day for all citizens of Israel,” Itamar Ben Gvir, Israel’s national security minister, said in a statement welcoming the bill, which he said “sends a clear message the State of Israel will not allow the families of the terrorists to continue enjoying life as if nothing had happened.

“From today onwards, every father, mother, child, brother, sister or spouse who identifies with and supports their family member who harmed the citizens of Israel will be deported.”




The abuse of Palestinian children in military detention was a child protection crisis before Oct. 7, and it has only become worse, says Jason Lee, Save the Children.

Both Israel’s Justice Ministry and the Attorney General’s Office raised concerns about the legislation, which stipulates that those being expelled would be sent to Gaza or other destinations for 7-15 years for citizens or 10-20 years for legal residents.

Some opposition members of the Knesset suggested at the time that the legislation is targeted specifically at Palestinian citizens of Israel, saying the law is unlikely to apply to Jewish Israelis convicted of terrorism offenses.

Israeli and Palestinian human rights organizations have branded both new laws unconstitutional.




Israeli policemen detain a Palestinian boy in the east Jerusalem Arab neighborhood of Issawiya on May 15, 2012, during protests to mark Nakba day. (AFP)

Hadeel Abu Salih, an attorney working for Adalah, the Legal Center for Arab Minority Rights in Israel, sent a letter to the Israeli parliament claiming the legislation was motivated by revenge and retribution.

Abu Salih also said the legislation contradicts the principles of Israel’s Youth Law, which stresses rehabilitation over punitive measures for minors.

The Legal Center released a statement saying that “through these laws, Israel further entrenches its two-tiered legal system, with one set of laws for Jewish Israelis under criminal law and another, with inferior rights, for Palestinians under the pretext of counterterrorism.




An Israeli soldier controls a Palestinian boy during clashes between Israeli security forces and Palestinian protesters following a march against Palestinian land confiscation to expand the nearby Jewish Hallamish settlement on August 28, 2015 in the West Bank village of Nabi Saleh near Ramallah. (AFP)

“By embedding apartheid-like policies into the law, the Knesset further institutionalized systematic oppression, in contravention of both international law and basic human and constitutional rights.”

Since the Oct. 7, 2023, Hamas-led attack on southern Israel that triggered the Gaza war, Israeli forces have significantly increased the rate of arrests of Palestinian children, both in Gaza and the West Bank.

Between October and November 2023 alone, 254 minors were reportedly arrested by Israeli forces. Some of these detainees have since been released.




Israeli security forces scuffle with a Palestinian boy outside Damascus Gate in Jerusalem's old city during a demonstration on December 26, 2015. (AFP)

The bulk of the arrest operations appear to take place in towns, camps, and other areas with points of contact with Israeli checkpoints. Although the precise charges leveled against these minors are unknown, the most common offense is throwing stones.

In some cases, rights monitors say children under the age of 10 are taken in order to pressure their relatives to surrender themselves to Israeli authorities.

Palestinian children released from Israeli detention often describe traumatic experiences, recounting harsh measures enforced by guards and the prison administration, including allegations of physical and psychological torture during interrogation.




Nael al-Atrash, eleven-years-old, is blind folded and hand cuffed by Israeli soldiers who raided the neighborhood of Jabal al-Takruri in the West Bank town of Hebron 08 March 2006. (AFP)

Testimonies shared with Save the Children include severe beatings in the presence of their relatives, being shot at, having their legs restrained, and being blindfolded during transfers between detention centers.

Several claim that food and water were also withheld for long periods of time as a form of punishment. Some have even alleged sexual abuse. Monitors say minors are routinely denied their right to legal aid and at times the presence of a family member during their interrogations.

As a result of these abuses, minors are allegedly coerced into signing false confessions and into signing documents without understanding their content. Children are also rarely granted bail before standing trial.

The Palestinian Commission for Detainees and Ex-Detainees Affairs and the Palestinian Prisoners Society have expressed concern about the ongoing detention of children and the alleged abuses.

Both say the behavior of Israeli prison administrations and conditions inside overcrowded facilities have become worse since the Oct. 7, 2023, attack.

Monitors say the detention centers holding minors do not meet the minimum humanitarian standards. A large number of detained children are reportedly sharing cells and are deprived of an education, medical assistance, and personal items such as books and clothing.

Israeli courts have long defined the term “Palestinian child” as a person under the age of 16, rather than the internationally recognized age of 18 as defined by the Convention on the Rights of the Child.

Israeli authorities have previously denied the maltreatment of detainees.

Responding to separate claims by the UN in March last year about the alleged mistreatment of adults captured in Gaza, the Israel Defense Forces told the BBC: “The mistreatment of detainees during their time in detention or whilst under interrogation violates IDF values and contravenes IDF and is therefore absolutely prohibited.”

Francesca Albanese, the UN special rapporteur for Palestine, accused the international community of failing to address the detention of Palestinian children, saying minors in Israeli custody are “tormented often beyond the breaking point.”

On World Children’s Day, marked by the UN on Nov. 20, the Palestinian Commission for Detainees and Ex-Detainees Affairs released a statement saying that around 270 Palestinian children were being held in Israeli jails.

“The occupation continues to detain no less than 270 children, who are mainly held in Ofer and Megiddo prisons, in addition to camps established by the occupation army after the Gaza war,” the commission said.

“Systematic crimes are being committed by the prison administration against the jailed children, in addition to beatings, torture, and daily abuses.”

According to Palestinian rights monitors, more than 11,700 people from the West Bank have been detained since October 2023. This does not include those from the Gaza Strip, where the number of arrests is thought to be far higher.

Similarly, the Ministry of Foreign Affairs of the Palestinian Authority urged the international community on World Children’s Day to pressure Israel to honor its commitments to global treaties, especially the Convention on the Rights of the Child.

It stressed the need to ensure Palestinian children are not excluded from international charters that call for special protections for children against violence and detention.

The ministry also condemned the law undertaken by the Knesset to detain children under the age of 14 years, calling it a dangerous escalation that further undermines Palestinian children’s rights.

Despite international and local human rights organizations calling for the abolition of the Knesset’s child detention laws, the Israeli government insists the law will remain in place for the next five years.

 


Egypt wants Palestinian Authority to ‘assume its duties’ in Gaza: FM

Egypt wants Palestinian Authority to ‘assume its duties’ in Gaza: FM
Updated 35 min 10 sec ago
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Egypt wants Palestinian Authority to ‘assume its duties’ in Gaza: FM

Egypt wants Palestinian Authority to ‘assume its duties’ in Gaza: FM

CAIRO: Egypt’s Foreign Minister Badr Abdelatty called on Wednesday for the Palestinian Authority to govern the Gaza Strip, hours after President Donald Trump announced a proposal for the United States to take over the territory.
In a meeting with Palestinian Prime Minister Mohammed Mustafa, Abdelatty said Egypt was eager for the Palestinian Authority to “assume its duties in the Gaza Strip as part of the occupied Palestinian territories,” according to a foreign ministry statement.

Abdelatty called for swift reconstruction of Gaza without the displacement of Palestinians from the territory after Trump’s proposal to take it over. 

The two men agreed on “the importance of moving forward with early recovery projects... at an accelerated pace... without the Palestinians leaving the Gaza Strip, especially with their commitment to their land and refusal to leave it,” the Egyptian foreign ministry said.


Hope turns to regret among Syrians returning home from Turkiye

Hope turns to regret among Syrians returning home from Turkiye
Updated 05 February 2025
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Hope turns to regret among Syrians returning home from Turkiye

Hope turns to regret among Syrians returning home from Turkiye
  • More than 80,000 have gone back to Syria since Assad’s fall
  • Those who returned in December lost right to re-enter Turkiye

ALEPPO: Ahmed Al-Sheikh’s excitement at returning to his homeland from neighboring Turkiye after the fall of Bashar Assad has turned to bitter disappointment at the grim living conditions in Syria after some 13 years of war.
Sheikh is one of 35,000 Syrians who left Turkiye for Syria full of hope in the first three weeks after Assad was toppled on Dec. 8, giving up the right to come back to Turkiye after signing a voluntary return document.
Turkiye’s refugee association says many, like him, are now disillusioned by the reality of life in a war-ravaged country.
“I was shocked by the catastrophic situation, which was beyond my expectations,” said Sheikh, 35, speaking in his home after returning to Aleppo, eight years after he fled to Turkiye. He said that water and electricity are frequently cut off and Internet communication is almost non-existent.
Migrant returns are a key element of burgeoning ties between Syria and NATO-member Turkiye, which is emerging as a power broker able to wield influence economically and diplomatically. Syria’s transitional President Ahmed Al-Sharaa visited Ankara on Tuesday, discussing an expected rapid expansion of economic ties.
The presence of nearly 3 million Syrians in Turkiye has become a sensitive political issue. Many have faced bouts of anti-migrant sentiment that made them feel like unwanted guests, and some rushed to the border after rebels forced Assad out.
“Most of the refugees were initially excited about returning after the fall of the Assad regime, but this excitement faded over time,” said Kadri Gungorur, social welfare director of the Refugees Association in Turkiye, citing complaints such as the lack of education and health services.
“Some families feel regret and want to return,” he said. “When they compare the living conditions in Turkiye with Syria, we can accept that Turkiye offers them more opportunities.”

BID TO SUPPORT VOLUNTARY RETURNS
Sheikh was among those enthused by the rebels’ victory, dreaming of rebuilding his bombed Aleppo home. He vowed to go back as soon as Assad fell, despite friends’ efforts to dissuade him. Now he is dismayed by the comparatively poor living conditions and scarcity of job and education opportunities.
“I started thinking about returning to Turkiye because my life was stable there, and my children were in school. My living conditions were stable,” he said. “But I can’t go back now because I signed a voluntary return document.”
Due to such negative experiences, Turkish Interior Minister Ali Yerlikaya announced at the end of 2024 a scheme designed to enable migrants to better plan their return home.
The scheme entitles the heads of Syrian migrant families to visit Syria three times between January and June this year, according to an Interior Ministry document.
Between Assad’s fall and late January, 81,576 Syrians had entered Syria, indicating a slight fall in the daily rate of returns from December to some 1,600 a day, Yerlikaya said. It was unclear how many of those returning in January had signed the voluntary return document.
During a visit to Turkiye last week, the UN High Commissioner for Refugees Filippo Grandi expressed support for Turkiye’s refugee response and voluntary returns.
He praised the policy of what he called “go-and-see visits,” saying they were “a best practice, as it allows refugees to assess conditions for themselves and can pave the way for sustainable returns to Syria.”
’PERHAPS IN THE FUTURE’
Some Syrians are more inclined to wait and see.
Syrian chemist Jafer, 27, came to Turkiye 12 years ago and will not consider returning with his wife and three children until conditions improve.
“My children are currently well-adjusted in Turkiye, which makes staying here more likely since they have adapted to life, language, and education in Turkiye,” he said.
“Some people will return, but the lack of basic necessities prevents them from doing so. They think about returning, but not now, perhaps in the future.”
It is an option no longer open to Sheikh.
He was forced out of Aleppo in late 2016 when Assad forces, with the support of Russian air strikes, seized control of the eastern part of the city from rebels. He went on to build a stable life for his wife and four children in Turkiye.
He has opened a mobile phone repair shop in Aleppo, but his plan to fix his house there is on hold.
“I don’t know if the project will succeed here in the country or if it will fail. If it fails, I will have lost everything I earned during my time in Turkiye.”


Saudi Arabia says no to displacement of Gazans, rejects relations with Israel without Palestinian state

Saudi Arabia says no to displacement of Gazans, rejects relations with Israel without Palestinian state
Updated 05 February 2025
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Saudi Arabia says no to displacement of Gazans, rejects relations with Israel without Palestinian state

Saudi Arabia says no to displacement of Gazans, rejects relations with Israel without Palestinian state
  • Statement comes after President Trump hinted at US ownership of Gaza after Palestinian displacement
  • Trump insists Egypt and Jordan will have to take the displaced Gazans, with both states rejecting the idea

RIYADH: Saudi Arabia on Wednesday said its long-held position that Palestinians must have their own independent state was firm and not open to negotiation, a stance Crown Prince Mohammed bin Salman has reiterated many times before.

The Saudi Foreign Ministry statement came shortly after President Donald Trump said he wants the US to own the Gaza Strip after all Palestinians are displaced from there and sent to other countries, where settlements will be constructed for them.

The Kingdom’s position has been a longstanding one with its leaders repeatedly calling for justice for Palestinians, who they say deserve a state of their own alongside Israel as a way to find a lasting solution to the decades long conflict.

Saudi leaders have repeatedly said any formal relations between the Kingdom and Israel hinge on the creation of a viable Palestinian state on the 1967 borders.

The ministry statement highlighted a speech by the crown prince at the Shoura Council on September 18, 2024, where he stressed that Saudi Arabia will continue its tireless work toward the establishment of an independent Palestinian state with East Jerusalem as its capital, adding the Kingdom will not normalize ties with Israel without it.

The crown prince expressed a similar sentiment during the extraordinary Arab-Islamic summit in Riyadh on Nov. 11, 2024, where he stressed the continuation of efforts to establish a Palestinian state and demanded an end to Israeli occupation of the Palestinian territories.

He also urged more countries to recognize the State of Palestine, stressing the importance of mobilizing the international community to support the rights of Palestinians, which were expressed in the resolutions of the UN General Assembly by considering Palestine eligible for full membership of the world body.

“The Kingdom of Saudi Arabia also stresses its previously announced categorical rejection of any violation of the legitimate rights of the Palestinian people, whether through Israeli settlement policies, annexation of Palestinian territories, or attempts to displace the Palestinian people from their land,” the statement added.

Trump, standing next to Prime Minister Benjamin Netanyahu at the White House on Tuesday, said the Palestinians would be better off living outside of Gaza which has been bombed to rubble during Israel’s brutal 15-month attack.

“I don’t think people should be going back,” Trump said. “You can’t live in Gaza right now. I think we need another location. I think it should be a location that’s going to make people happy.”

The president insists Egypt and Jordan would have to take the Gazans he plans to displace. Both countries have rejected the idea outright.

Trump also did not rule out the use of American troops to help reconstruct the enclave and ensure the ownership of the territory, which he said could become the “Riviera of the Middle East,” given its temperate climate and prime location on the Mediterranean coast.

The Kingdom said that it’s the international community’s duty to work to alleviate the severe human suffering of the Palestinian people, who will remain in their land.

“Lasting and just peace cannot be achieved without the Palestinian people obtaining their legitimate rights in accordance with international legitimacy resolutions, and this is what was previously explained to the previous and current American administrations,” the ministry statement said.


Hamas ready for talks with Trump administration, Hamas official tells RIA

Mousa Abu Marzouk, senior Hamas Politburo member. (Wikipedia)
Mousa Abu Marzouk, senior Hamas Politburo member. (Wikipedia)
Updated 05 February 2025
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Hamas ready for talks with Trump administration, Hamas official tells RIA

Mousa Abu Marzouk, senior Hamas Politburo member. (Wikipedia)
  • Trump vowed on Tuesday that the US would take over the war-shattered Gaza Strip after Palestinians are resettled elsewhere and develop it economically, a move that would shatter decades of US policy toward the Israeli-Palestinian conflict

GAZA CITY: The Palestinian Hamas movement is ready to establish contact and hold talks with the administration of US President Donald Trump, Russia’s RIA state news agency cited a senior Hamas official as saying in remarks published early on Wednesday.
“We are ready for contact and talks with the Trump administration,” RIA cited senior Hamas Politburo member Mousa Abu Marzouk as saying.
“In the past, we did not object to contacts with the administration of (former US President Joe) Biden, Trump or any other US administration, and we are open to talks with all international parties.”
It was not clear when RIA interviewed Marzouk, who was visiting Moscow on Monday for talks with the Russian foreign ministry.
Trump vowed on Tuesday that the US would take over the war-shattered Gaza Strip after Palestinians are resettled elsewhere and develop it economically, a move that would shatter decades of US policy toward the Israeli-Palestinian conflict.
Marzouk told RIA that talks with the US have become a kind of necessity for Hamas, considering that Washington is a key player in the Middle East.
“That is why we welcomed the talks with the Americans and have no objection to this issue,” he added.

 


Iraq’s top court suspends new legislation that activists say undermines women’s rights

Iraq’s top court suspends new legislation that activists say undermines women’s rights
Updated 05 February 2025
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Iraq’s top court suspends new legislation that activists say undermines women’s rights

Iraq’s top court suspends new legislation that activists say undermines women’s rights
  • Women’s rights advocates argue that the changes undermine previous reforms that created a unified family law and established safeguards for women
  • Proponents of the amendments, which were advocated by primarily conservative Shiite lawmakers, defend them as a means to align the law with Islamic principles and reduce Western influence on Iraqi culture

BAGHDAD: Iraq’s top court suspended implementation Tuesday of three controversial bills passed last month by the country’s parliament, including a measure that activists said undermines women’s rights.
A number of members of parliament filed a complaint alleging that the voting process was illegal because all three bills — each supported by different blocs — were voted on last month together rather than each one being voted on separately. The Federal Supreme Court issued an order, a copy of which was obtained by The Associated Press, to suspend their implementation until the case is adjudicated.
The measures include an amendment to the country’s personal status law to give Islamic courts increased authority over family matters, including marriage, divorce and inheritance.
Women’s rights advocates argue that the changes undermine previous reforms that created a unified family law and established safeguards for women. Proponents of the amendments, which were advocated by primarily conservative Shiite lawmakers, defend them as a means to align the law with Islamic principles and reduce Western influence on Iraqi culture.
Earlier versions of the measure were seen as potentially opening the door to child marriage since some interpretations of Islamic law allow the marriage of girls in their early teens — or as young as 9. The final version passed by the parliament states that both parties must be “adults,” without specifying the age of adulthood.
The second bill was for a general amnesty law seen as benefiting Sunni detainees. Some fear it could allow the release of people involved in public corruption and embezzlement as well as militants who committed war crimes.
The third bill aimed to return lands confiscated from the Kurds under the rule of Saddam Hussein. It is opposed by some Arab groups, saying it could lead to the displacement of Arab residents.