by Elina and Heidi, Jayyus team
Omar and Ahmed’s story
On 16 November the Israeli military went to arrest fourteen year old Ahmed. According to the military he and his friend Omar, eleven years old, had thrown stones at Israeli cars passing by. Because Ahmed was nowhere to be found, the soldiers decided to arrest his father. Two members of the Jayyus EAPPI team were present at the site to witness this arrest. As one of the soldiers went into the back of one of the armored vehicles, for a brief moment one member of the EA team was able to see Omar. He sat in the car with his hands tied and blindfolded. Omar is only eleven. He was alone. He was not accompanied by a parent. One of the EAs confronted the soldiers and pointed out that this is illegal, even according to Israeli law! The soldier looked the EA dead in the eye and denied that there was a child in the car and then drove away.
Ahmed’s family was told that the father of the family would not be released until they handed over Ahmed. With tears in her eyes Ahmed’s mother turned to his sister and argued that the military would anyway come at night to arrest Ahmed if they did not hand him over today. The sister wept. Ahmed himself, who returned home after the military had left, also looked really nervous when hearing he would have to face Israeli imprisonment.
Fortunately, both the boys and Ahmed’s were released from detention about an hour after Ahmed turned himself in. When the Jayyus EA team spoke with Omar, he explained that the Israeli soldiers had neither hit him nor threatened him. When an EA team member asked him if he was afraid during the detention he became quiet and then denied being afraid. Then the adults in the room said that it is ok to be afraid.
Sadly, this is not a unique story
Under the current Israeli occupation Omar’s and Ahmed’s story is by no means a unique one. As EAPPI observers we have witnessed several similar cases that have led to the detention and imprisonment of a child for several months. Under the occupation Palestinian people, including children, are tried according to military law. Children over 16 years of age are considered adults before Israeli military law -responsibility before law starts at the age of 12. The UN Convention on the Rights of the Child defines a “child” to be “every human being below the age of eighteen years”. Palestinian children arrested by the Israeli forces continue to be interrogated without the presence of a lawyer or parent, and without a video recording of the sessions.
The hardest thing to witness is the psychological damage and violence the occupation causes to Palestinian children and their families. Not only is this a violation of human rights and international law, but most importantly it is a disgrace towards human dignity. As EAs we have seen the sorrow of the families who cannot provide security for their children. What kind of consequences does this have on the peace process? What will the future look like, when it is built in this manner using tools of oppression, fear and humiliation? By hiding behind the law one can justify actions taken and continue breaking young minds, causing suffering for the Palestinian people, not just as individuals but for the community as a whole.
Facts about Israeli military court and child arrests in the occupied Palestinian territory
- 159 children were kept in Israeli prisons and detention centers on November 1, 2013. Fifteen of them are under the age of sixteen.
- Israeli administration detention orders empowers military commanders to detain an individual without a charge for up to six month long renewable periods if they have “reasonable grounds to presume that the security of the area or public security requires the detention.” On or just before the expiry date, the detention order is frequently renewed. This process can then be continued indefinitely.
- The current Israeli order of Criminal Code divides Palestinian children into three different categories – those under 12 are considered children, those between 12 and 14 are considered “youth” and those between 14 and 16 are defined as “young adults”. Palestinian children over 16 years old are considered adults before the military law while Israeli children age 18 and older are tried under Israeli civilian law.
- Palestinian children continue to be charged according to their age at the time of sentencing, instead of their age at the time of the alleged offense, as required by international law. This practice enables them to be sentenced as an adult for an offense they may have committed as a child if they are unfortunate enough to be charged years after the alleged offense, or simply if they turn 16 while awaiting sentencing.
Criminal responsibility age is 10 in England and Wales. What’s the EAPPI position on England? Or North Carolina where the age for criminal responsibility is 6?
The law in Israel and the State of Palestine states that children under the age of 12 can not be held criminally responsible. So here the age of criminal responsibility is children above the age of 12. EAPPI often reports to the UN, which presents the situation to reflect what the local legislation stipulates.
Missed that protest against arrests of minors by the “State of Palestine”. Does the EAPPI report to the UN on arrests of minors in other countries, or does the EAPPI specifically target Israel?
We do not report on other countries as we are located in Israel and Palestine. If we witness an incident in which the Palestinian Authority arrests a minor and violates international humanitarian law in the process, we would report it and work with local organizations to do so.
I haven’t read a single story on this website concerning incidents involving the PA. In fact, I have read here nothing but criticism of Israel. So I draw my conclusions.
Michael, the article is about the treatment of the Palestinians by the Israeli occupiers of this stolen land not about England or Wales or North Carolina. Would you have suggested that Hitler and the Nazis not have been criticized for their actions?
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And there’s Godwin’s law in all its might.