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)
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Updated 08 January 2025
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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.

 


Gaza rescuers say children among 12 killed in Israeli strikes

Updated 51 min 45 sec ago
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Gaza rescuers say children among 12 killed in Israeli strikes

  • Israeli air strikes and shelling continues across Gaza, even as mediators push on with their efforts to halt the fighting

GAZA STRIP, Palestinian Territories: Gaza’s civil defense agency said Israeli forces pounded the Palestinian territory on Thursday, killing at least 12 people including three girls, 15 months into the war.
The latest strikes came as Qatar, Egypt, and the United States mediate negotiations in Doha between Israel and Hamas militants for a deal to end the fighting in Gaza and secure the release of hostages.
Three girls and their father were killed when an air strike hit their house in Nuseirat refugee camp in central Gaza, the civil defense agency reported.
Local paramedic Mahmud Awad said he helped transfer the bodies of two girls and their father, Mahmud Abu Kharuf to a hospital.
“Their bodies were found under the rubble of the house that the occupation bombed in the Nuseirat camp,” Awad said. He added that the body of the third girl had been found earlier by residents.
In a separate strike, eight people were killed when their house was struck in the town of Jabalia in northern Gaza, where the army has focused its offensive since October 6.
Several more were wounded in that strike, the civil defense agency said.
Israeli air strikes and shelling continues across Gaza, even as mediators push on with their efforts to halt the fighting and secure a deal for the release of hostages still held in Gaza.
On Wednesday, US Secretary of State Antony Blinken said in Paris that a ceasefire was “very close.”
“I hope that we can get it over the line in the time that we have,” Blinken said, referring to President-elect Donald Trump’s inauguration on January 20.
But if not, “I believe that when we get that deal – and we’ll get it – it’ll be on the basis of the plan that President (Joe) Biden put before the world back in May.”
In May, Biden unveiled a three-phase plan for the release of the hostages and a ceasefire in Gaza.


After 12 failed attempts over 2 years, Lebanon’s parliament will try to pick a president

Updated 09 January 2025
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After 12 failed attempts over 2 years, Lebanon’s parliament will try to pick a president

  • There are indications that Thursday’s vote may produce a head of state
  • The leading candidate is Lebanese army commander Joseph Aoun

BEIRUT: Lebanon’s parliament was set Thursday to make yet another effort to elect a president, filling a vacuum that’s lasted for more than two years.
While 12 previous attempts have failed to choose a successor to former President Michel Aoun, whose term ended in October 2022, there are indications that Thursday’s vote may produce a head of state.
The leading candidate is Lebanese army commander Joseph Aoun, no relation to the former president. He is widely seen as the preferred candidate of the United States and Saudi Arabia, whose assistance Lebanon will need as it seeks to rebuild after a 14-month conflict between Israel and the Lebanese militant group Hezbollah.
Hezbollah previously backed another candidate, Suleiman Frangieh, the leader of a small Christian party in northern Lebanon with close ties to former Syrian President Bashar Assad.
However, on Wednesday, Frangieh announced he had withdrawn from the race and endorsed Aoun, apparently clearing the way for the army chief.
Lebanon’s fractious sectarian power-sharing system is prone to deadlock, both for political and procedural reasons. The small, crisis-battered Mediterranean country has been through several extended presidential vacancies, with the longest lasting nearly 2 1/2 years between May 2014 and October 2016. It ended when former President Michel Aoun was elected.
As a sitting army commander, Joseph Aoun is technically barred from becoming president by Lebanon’s constitution. The ban has been waived before, but it means that Aoun faces additional procedural hurdles.
Under normal circumstances, a presidential candidate in Lebanon can be elected by a two-thirds majority of the 128-member house in the first round of voting, or by a simple majority in a subsequent round.
But because of the constitutional issues surrounding his election, Aoun would need a two-thirds majority even in the second round.
Other contenders include Jihad Azour, a former finance minister who is now the director of the Middle East and Central Asia Department at the International Monetary Fund; and Elias Al-Baysari, the acting head of Lebanon’s General Security agency.
The next head of state will face daunting challenges apart from implementing the ceasefire agreement that ended the Israel-Hezbollah war and seeking funds for reconstruction.
Lebanon is six years into an economic and financial crisis that decimated the country’s currency and wiped out the savings of many Lebanese. The cash-strapped state electricity company provides only a few hours of power a day.
The country’s leaders reached a preliminary agreement with the IMF for a bail-out package in 2022 but have made limited progress on reforms required to clinch the deal.


Israeli military tightens media rules over war crimes prosecution concern

Updated 09 January 2025
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Israeli military tightens media rules over war crimes prosecution concern

  • Under the new rules, media interviewing soldiers of the rank of colonel and under will not be able to display their full names or faces, similar to the rules that already exist for pilots, an Israeli military spokesperson says

JERUSALEM: The Israeli military placed new restrictions on media coverage of soldiers on active combat duty amid growing concern at the risk of legal action against reservists traveling abroad over allegations of involvement in war crimes in Gaza.
The move came after an Israeli reservist vacationing in Brazil left the country abruptly when a Brazilian judge ordered federal police to open an investigation following allegations from a pro-Palestinian group that he had committed war crimes while serving in Gaza.
Under the new rules, media interviewing soldiers of the rank of colonel and under will not be able to display their full names or faces, similar to the rules that already exist for pilots and members of special forces units, Lt. Col. Nadav Shoshani, an Israeli military spokesperson told reporters.
The interviewees must not be linked to a specific combat event they participated in.
“This is our new guideline to protect our soldiers and to make sure they are safe from these types of incident hosted by anti-Israel activists around the world,” Shoshani said.
He said that under existing military rules, soldiers were already not supposed to post videos and other images from war zones on social media “even though that’s never perfect and we have a large army.” There were also long-standing rules and guidelines for soldiers traveling abroad, he said.
Shoshani said activist groups, such as the Belgium-based Hind Rajab Foundation, which pushed for the action in Brazil, were “connecting the dots” between soldiers who posted material from Gaza and then posted other photos and videos of themselves while on holiday abroad.
Last year, the International Criminal Court issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, as well as a Hamas leader, Ibrahim Al-Masri, over alleged war crimes in Gaza, drawing outrage in Israel.
Shoshani said there had been “a handful” of cases where reservists traveling abroad had been targeted, in addition to the case in Brazil, all of which had been started by activist groups pushing authorities for an investigation.
“They didn’t open an investigation, they didn’t press charges or anything like that,” he said.


Syria is ‘the cornerstone for regional stability,’ GCC tells UN Security Council

Updated 09 January 2025
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Syria is ‘the cornerstone for regional stability,’ GCC tells UN Security Council

  • US representative says transition process and government that emerges from it must prioritize destruction of Assad regime’s chemical weapons stockpiles
  • Syrian envoy says new Syria ‘willing to play a positive role in international arena … promote international and regional peace and security, will not engage in any conflict or war’

NEW YORK CITY: The Gulf Cooperation Council on Wednesday stressed the need to respect the independence and territorial integrity of Syria, reject foreign interference, combat terrorism and respect the country’s religious and cultural diversity as it embarks on a new chapter of its history after the fall of long-time dictator Bashar Assad.

Speaking on behalf of the GCC, Kuwait’s permanent representative to the UN, Tareq Albanai, expressed its support for a comprehensive and inclusive political process, moves toward national reconciliation, and efforts to rebuild the state.

He called for national unity and comprehensive dialogue, adding that the “stability of Syria is the cornerstone for stability in region.”

Albanai was speaking at the Security Council’s first meeting of the year on Syria. He told members that the GCC decided to participate in the meeting only “to confirm our determination to help the country politically, economically, developmentally and humanitarianly.”

GCC member states categorically reject the repeated attacks on Syria by Israeli occupation forces and call for their immediate withdrawal from Syrian territories, he added.

“We renew our firm position that the Golan is Syrian territory and condemn the expansion of Israeli settlements in the occupied Golan,” Albanai said.

He also called for the lifting of the economic sanctions imposed on Syria during the civil war.

Egypt’s permanent representative to the UN, Osama Abdel Khalek, speaking on behalf of the UN Arab Group, also condemned the ongoing Israeli occupation of the Golan Heights, and what he described as “Israel’s opportunistic exploitation of the current situation to occupy further Syrian territories, bomb cities and infrastructure.”

He urged the Security Council to intervene and put an end to the Israeli “aggression, occupation” and “the illegal presence of all foreign forces in Syria.”

Syria’s permanent representative to the UN, Kusay Aldahak, told the council that caretaker authorities in the country are willing to build “friendly relations with all UN member states based on cooperation and shared interests and away from the policies of polarization.”

He added that the “new Syria is willing to play a positive role in the international arena. It will promote international and regional peace and security, and will not engage in any conflict or war.”

Aldahak called on the UN to “immediately and fully lift the unilateral coercive measures; provide necessary financing to meet needs and recover basic services, mainly electricity; support livelihood projects and sustainable development; reconstruct damaged service facilities; ensure de-mining; rid Syria of the remnants of war; and allow dignified refugees to return to their cities and homes.”

The UN’s humanitarian chief, Tom Fletcher, told council members that close to 13 million Syrians face acute food insecurity at a time when the World Food Programme has been forced to reduce the amount of food assistance it provides by 80 per cent in the past two years as a result of funding shortfalls.

More than 620,000 Syrians remain displaced as a result of the operation to remove Assad in November and December, on top of the 7 million who had already been displaced by more than a

decade of civil war. In the northwest of the country alone, 2 million people are living in camps, Fletcher said.

US ambassador Dorothy Shea said the transition process and the Syrian government that emerges from it must ensure any chemical weapons that remain in the former Assad regime’s stockpiles are secured and destroyed.

“We are encouraged by the cooperation to date and call for the continued commitment of relevant actors in Syria to work with the Organization for the Prohibition of Chemical Weapons, the United Nations, and other state and non-state partners to chart a course for the complete and verifiable elimination of any remaining elements of a chemical weapons program, and assist released detainees and the families of those whose whereabouts remain unknown,” she said.

Shea also urged the interim government to deter individual acts of vengeance, and to partner with international institutions to identify ways to ensure that those guilty of war crimes and crimes against humanity are held accountable.

Shea said the US welcomes “positive messages from Hayat Tahrir Al-Sham but will ultimately look for progress in actions, not words. We are looking for actions and words that will explore policies that prioritize the well-being of the Syrian people.”

The UN’s special envoy for Syria, Geir Pedersen, said he stands ready to work with the caretaker authorities “on how the nascent and important ideas and steps so far articulated and initiated could be developed towards a credible and inclusive political transition.”

The UK’s permanent representative to the UN, Barbara Woodward, said she was encouraged by the timelines set by the interim authorities for drafting a new constitution and holding elections and a national dialogue, and by their early engagement with the international community.

She called for their continued cooperation with UN as she welcomed the caretaker government’s efforts “to secure the chemical weapons stock and work with OPCW to fully declare and verify the destruction of such weapons. Now is the moment to close the Syria chemical weapons file once and for all.”

Russian ambassador Vassily Nebenzia said: “Syria has more than enough problems and their severity should in no case be underestimated.”

He warned of the “fairly high risk of intensification of hostilities” in many parts of the country, in particular Aleppo and Quneitra. He also highlighted “the direct threat to the territorial integrity of Syria” arising from “the unlawful actions of Israel, which is carrying out a policy of fait accompli in the occupied Golan Heights, and 500 square kilometers of Syrian land have already been seized.”

Nebenzia blamed sanctions imposed by the US “and its satellites” for exacerbating the humanitarian crisis in the country. As result of these sanctions, the Syrian economy is “under extreme pressure and is not able to cope with the challenges facing the country,” he added.


Egypt unveils ancient rock-cut tombs and burial shafts in Luxor

Updated 08 January 2025
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Egypt unveils ancient rock-cut tombs and burial shafts in Luxor

CAIRO: Egypt unveiled several discoveries near the famed city of Luxor on Wednesday, including ancient rock-cut tombs and burial shafts dating back 3,600 years.

They were unearthed at the causeway of Queen Hatshepsut’s funerary temple at Deir Al-Bahri on the Nile’s West Bank, according to a statement released by Zahi Hawass Foundation for Antiquities & Heritage. It said it worked in tandem with the Supreme Council of Antiquities on the site since September 2022.

Artifacts found at the tombs included bronze coins with the image of Alexander the Great dating to the Time of Ptolemy I (367-283), children’s toys made of clay, cartonnage and funerary masks that covered mummies, winged scarabs, beads and funerary amulets.

Hawass told reporters that the discoveries could “reconstruct history” and offer an understanding of the type of programs ancient Egyptians designed inside a temple.

The Archeologists also found the remains of Queen Hatshepsut’s Valley Temple, rock-cut tombs dating back to the Middle Kingdom (1938 B.C. — 1630 B.C.), burial shafts from the 17th dynasty, the tomb of Djehuti-Mes and part of the Assassif Ptolemaic Necropolis.

The rock-cut tombs had been previously robbed during the Ptolemaic period and later. Still, the Egyptian teams uncovered some artifacts such as pottery tables that were used to offer bread, wine and meat.

Inside the burial shafts dating back to 1580 B.C. — 1550 B.C., anthropoid wooden coffins were found, including one that belonged to a young child. It remained intact since its burial some 3,600 years ago.