Children's Rights
Palestinian Children in Israeli Detention
Palestinian children living under Israeli occupation face a military detention system that raises serious concerns about their rights, safety, dignity, and access to justice. Children may be arrested, interrogated, prosecuted, and imprisoned under military law, often in circumstances that expose them to fear, violence, and significant psychological harm.
The Israeli Military Court System
Palestinian children from the occupied West Bank, excluding East Jerusalem, are generally prosecuted through the Israeli military court system. This system operates under military orders and applies a separate legal framework to Palestinians living in the occupied territory. The military court process raises concerns about fair trial guarantees, access to legal representation, the presumption of innocence, and the ability of children and their families to understand and participate effectively in proceedings. Children require special safeguards throughout every stage of the justice process.
Arrest and Interrogation
Palestinian children may be arrested from their homes, streets, or other locations, sometimes during night-time operations. Arrests can involve armed personnel, intimidation, and the separation of children from their parents or caregivers. During interrogation, children may face pressure to provide statements or confessions. Concerns include inadequate access to legal counsel, limited parental presence, language and comprehension barriers, and procedures that do not sufficiently account for a child's age and vulnerability.
Ill-Treatment and Torture
Reports concerning Palestinian children in detention have documented allegations of physical and psychological ill-treatment, including violence, threats, intimidation, painful restraints, and other degrading treatment. Such practices are incompatible with children's right to protection from torture and cruel, inhuman, or degrading treatment. Every detained child must be treated with humanity and respect for their inherent dignity, and protected from all forms of abuse.
Administrative Detention
Some Palestinian children are held under administrative detention orders without formal criminal charges or trial. Such detention can be renewed, leaving children and their families facing uncertainty about the duration of detention. The detention of children without charge raises serious concerns about arbitrary deprivation of liberty, access to justice, and compliance with international legal standards. Children must only be deprived of liberty as a measure of last resort and for the shortest appropriate period.
East Jerusalem
Palestinian children from East Jerusalem are generally dealt with under the Israeli civilian legal system rather than the military court system applicable to most Palestinian children from the occupied West Bank. Although the legal framework differs, concerns remain regarding arrest practices, interrogation, access to legal assistance, detention conditions, and the protection of children's rights throughout the criminal justice process.
Children from Gaza
Palestinian children from Gaza have also faced detention in the context of hostilities and military operations. Their detention raises concerns about access to families, legal representation, information about their whereabouts, detention conditions, and safeguards against abuse and arbitrary deprivation of liberty. Children affected by armed conflict must receive special protection under international humanitarian and human rights law, regardless of where they are detained or the circumstances of their detention.
International Legal Protection
The Convention on the Rights of the Child requires that children be protected from torture and other forms of ill-treatment. It also establishes that the arrest, detention, or imprisonment of a child must be lawful, non-arbitrary, used only as a measure of last resort, and for the shortest appropriate period. International humanitarian law also provides special protections for children affected by armed conflict and occupation. These protections include safeguards for their treatment, family relationships, health, education, and dignity.
SIYAJ's Position
SIYAJ calls for the protection of every Palestinian child from arbitrary arrest, unlawful detention, torture, ill-treatment, and violations of fair trial rights. Children must have immediate access to legal assistance, appropriate safeguards during questioning, contact with their families, and detention conditions that respect their age and dignity. Allegations of abuse must be independently investigated, and those responsible must be held accountable. The detention of a child must never disregard their rights, development, or best interests. Every child deserves protection, justice, and the opportunity to grow up in safety and dignity.
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