Children in israeli Military detention

age of majority
On 27 September 2011, the Israeli military commander in the occupied West Bank
issued Military Order 1676, which raised the age of majority in the military courts
from 16 to 18 years. Israeli military courts previously considered Palestinian children
to be minors only up to 15 years old. This positive development is in line with
the Convention on the Rights of the Child. It should be noted, however, that this
amendment translates into legislation an existing practice, and that it does not apply to
the sentencing provisions; children aged 16 and 17 years are still sentenced based on
provisions applicable for adults.
This new order also introduced requirements for the police to notify parents about
the arrest of their children and to inform children that they have the right to consult
a lawyer. However, it does not stipulate when the consultation should occur. Nor
does it impose similar notification requirements on the army, which is the main body
conducting arrests and detaining children in the West Bank before handing them
over to the police, who carry out the interrogations of children. In addition, at the
time of writing, Military Order 1676 had only been circulated in Hebrew and English,
not Arabic, as required under international law. 26
age of criminal responsibility and penalties under military law
Military Order 1651 establishes 12 years as the minimum age of criminal
responsibility and sets the maximum penalties that can be imposed on children in
various age categories. These maximum penalties can vary significantly depending
on the child’s age (see table 2).
table 2. age categories under Military order 1651 on penalties under military law
Age Definition Criminal responsibility
0-11 years Child No child shall be arrested or prosecuted in the
military courts. (sec. 191)
12-13 years Juvenile Minor (sec
136)
8
Maximum 6 months’ imprisonment. (sec. 168(B))
14-15 years Young adult Maximum 12 months’ imprisonment, unless the
offence carries a maximum penalty of 5 years
or more. (sec 168(C))
16 years Adult As an adult – maximum penalties stipulated
according to the offence.
The majority of children prosecuted in the military courts are charged with throwing stones, 27
which is an offence under Section 212 of Military Order 1651. It provides as follows:
(i) Throwing an object, including a stone, at a person or property with the intent
to harm the person or property carries a maximum penalty of 10 years’
imprisonment. 28