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