State of Israel
Ministry of Justice
General
Unfortunately,
there are Palestinian minors who choose to take part in the armed struggle
against Israel.
For that purpose, they express their willingness to take part in suicide
homicidal and other terrorist activities as described below.
Some of
these Palestinian youth are recruited by Palestinian terrorist organizations
through the promise that they will become martyrs ("shaheed") if they
die during terrorist attacks. Most of the minors are recruited in order to
commit suicide attacks which require fewer skills than shootings,
infiltrations, etc.
Since
the early years of the recent upspring (from 2000), the average age of suicide
bombers has been gradually declining. In 2009, the most predominant
activities characterizing involvement of minors were involvement in suicide
bomb attacks, Molotov cocktails throwing, stone throwing and stabbing. During
the recent years minors were also involved in grenades throwing, use of
explosives, shooting, use of explosive cars, transfer of weapons, kidnapping of
a person, rocket launching, as well as assault and murder
The
Minority age in the West Bank
In
accordance with international law, the Commander of the IDF forces in Judea
and Samaria (hereinafter the
"military commander") respects, unless absolutely prevented, the laws
previously in force in the area under his authority, namely Jordanian law.
According to the latter, a person becomes criminally liable at the age of 9.
However, Jordanian law stipulates that a child under the age of 12 shall not be
considered criminally liable unless it was proven that the child was able to
understand the wrongful nature of his/her acts, at the time the crime was
allegedly committed
However,
please note that the relevant ordinances enacted by the Military Commander
further enhance the protection provided to children under the age of 12, by
setting the initial criminal liability age at 12, similar to Israeli criminal
law. In addition to the identity between the criminal liability age of the
Israeli criminal law and the Israeli military law regarding the age at which a
minor is considered to be criminally liable, there are no significant
differences with respect to the permitted level of penalization. This is as a
result of restrictions which are imposed by the military law, as well as the
rulings of the military court of appeals.
Minors
before Military Courts
The
Military Courts, as well as the prosecutorial and legislative systems, guard
and protect human rights, including the right to due process, of all those
accused, minors and adults alike.
In
addition, specific protections are implemented in cases involving minors. These
include the provision of legal representation in all cases, even when it is not
obligated by law; refraining from exercising the authority to postpone legal
counseling; and minimizing the detention period prior to a court hearing.
Moreover, each arrest of a minor requires specific preliminary approval by the
Chief of Military Prosecution in Judea and Samaria.
Due to
limitations prescribed in the applicable Military Order, the level of
sentencing of minors in the West Bank is, de facto,
similar to that implemented in Israel
by the Israeli courts.
On September 29, 2009,
a Juvenile Military Court was established in the
West Bank, following the July 29, 2009, issuance by the Israeli Defense Force
(IDF) commander in the West Bank of the Security Directives Order (Temporary
Order) (Amendment No. 109), 5769-2009. This Order was issued towards
guarantying adequate and professional care of minors-detainees, while
separating them from adult detainees.
This amendment is intended
to anchor by law the rights of a minor-defendants, while considering his/her
welfare and best interests, and by performing a approximation of laws between
the legal situation in the West Bank and those applying in Israel. The
amendment includes important practical instructions which are relevant to the
legal proceedings concerning minors below the age of 16.
The amendment is defined at
this stage as temporary order valid until the end of September 2011. During
this period the implementation of the order shall be examined, and its
continuation and expansion will be analyzed.
Since the establishment of
the Juvenile Military Court
and as of June 14, 2007,
the proceedings concerning 83 minor were held before the Court, of whom only
one under the age of 14.
Age
|
Offence
|
Number of accused
|
12-14
|
Illegal stay without a permit
|
1
|
14-16
|
Stone throwing
|
44
|
Production and throwing Molotov cocktails/ bombs
|
18
|
|
Illegal stay without a permit/ forgery
|
6
|
|
Theft
|
1
|
|
Traffic Violations
|
1
|
|
Shooting/attempt to cause death
|
4
|
|
Membership of prohibited association
|
3
|
|
Possession and trafficking in weapons
|
4
|
|
Possession of a knife
|
1
|
During 2009, 230 minors,
residents of the West Bank, the Gaza
strip and residents of Sinai were arrested for involvement in terrorist
activity. This figure reveals a significant decrease (45%) in the number of
minors arrested in comparison to 2008 (416 minors arrested). Of the minors arrested in 2009, 85 were at
the age of 16 and 123 at the age of 17.
During the first two months
of 2010, 32 minors, residents of the West Bank, the Gaza
strip and residents of Sinai were arrested for involvement in terrorist
activity, all of whom were aged between 16 and 17.
Interrogation
of Minors
Following their interrogation,
Palestinian minor detainees are transferred to the Israeli Prisons Service
(IPS) facilities.
Similar to the interrogation
of an adult, the interrogation of minors is conducted according to the law and
to procedures of the ISA. Any complaint concerning maltreatment or the use of
illegal techniques is examined by the relevant authorities. Moreover, the ISA
procedures provide special protection to minors during interrogation. Thus, any
action relating to the interrogation of a minor, including the minor's
arrest, is subject to the prior approval of the high-rank officials in the ISA
and the State's Attorney's
Office. The consecutive hours of interrogation are strictly limited and the appropriate
amount of sleeping hours is provided. In addition, according to the law, minors
are held separately of adults while in the interrogation facilities, as well as
in the detention facilities. Moreover, the procedures also obligate that a
minor be interrogated only by an interrogator who underwent special designated
training.
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