Hayes
Engl 1A
Word Count: 1597
For over fifty years the Israeli-Palestinian conflict has raged on and unfortunately it doesn’t seem as if there will be peace in the region any time soon. News coverage of the conflict here in the United States of America have mainly focused on the Islamic organization group Hamas, which is considered by many to be a terrorist organization, and acts of terrorism in the region against the Israeli government and it’s citizens. These are truly horrible stories and it only shows one half of the issue of violence in the region. The truth is that both sides are guilty of human rights violations but we rarely hear news coverage on the atrocities being committed by the Israeli army against the Palestinian people in the occupied territories. Let alone the Israeli army's despicable treatment of Palestinian children. Some of the accusations of abuse towards Palestinian children by the Israeli army is wrongful arrest or imprisonment, acts of torture, failure to provide legal representation, and use or threats of violence. Learning of the Israeli armys mistreatment of Palestinian children raises two questions. The first question is in regards to the unlawful arrests or imprisonment of children, what are the protections under human rights treaties or conventions that protect against acts like this against children? The second question is what are some solutions for the Israeli army to improve it’s treatment of Palestinian children?
In the twentieth century after enduring hundreds of years of discrimination the Zionist movement sought out to establish a homeland for the Jewish people. The belief was that the only way to fully protect the Jewish people from anti-semitism was to create a homeland for the Jewish people. While there had been Jewish settlers living in Palestine for some time, the Balfour Declaration (Behind the Balfour Declaration) was a giant step towards the Zionists goal of a national homeland. About thirty years later the Zionists dreams of a Jewish homeland came true in 1948 when the Jewish People's Council announced the establishment of the Jewish state of Israel. This was also the beginning the Arab-Israeli war (1948 the First Arab-Israeli War). As a result of the Arab-Israeli War about 700,000 Palestinian people either fled or were forced out of their homes and became refugees. In 1967 there was the Six-Day War (Civil–Military Relations and Strategic Goal Setting in the Six Day War). Which resulted in Israel capturing the Gaza strip from Egypt, the West Bank and East Jerusalem from Jordan, and two other territories from Syria and Egypt. In 1979 a few years after the Yom Kippur War (The Yom Kippur War: Diplomacy of War and Peace) Israel and Egypt signed a formal peace treaty, ending thirty years of war. In 1987 the first Intifada began, which was the uprising of Palestinians against the Israeli occupation of Palestinian territories. This resulted in the establishment of the Palestinian National Authority, which governed areas A and B of the West Bank and Gaza Strip. The second Intifada began in 2000 and resulted in the controversial construction of the Israeli West Bank Wall and Israeli withdrawal from the Gaza strip. The history of the Israeli-Palestinian conflict is a long one and what seems to get lost in all this history is the mistreatment of Palestinian children by the Israeli army. The biggest complaint against the Israeli army is the wrongful arrests or imprisonment of Palestinian children. What are the protections under human rights treaties or conventions that protect the Palestinian children from wrongful arrests or imprisonment?
The Israeli army order 1651 section. 191 it states “No child shall be arrested or prosecuted in the military courts.”, a child in this instance is considered twelve years old and younger. Which is problematic in that there are numerous reports of the Israeli army arresting children as young as six years old. Therefore these children under the age of twelve are being unlawfully arrested and detained. There are also reports of the Israeli army wrongfully arresting Palestinian children for the crime of throwing rocks at Israeli soldiers, detaining them for days , only to release the children without a conviction or proof of a crime ever have been committed. By not only wrongfully arresting and detaining these children the Israeli army violates article 37 section b. of the Convention on the Rights of the Child which states, “(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time” and article 9 section 1 of the International Covenant on Civil and Political Rights which states, “ Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.” It clearly states in both the CRC and the ICCPR that by arbitrarily arresting these children without solid evidence of a crime being committed it is a violation of their human rights. The Israeli army must take measures to not only make sure that it’s soldiers are following the orders or laws laid down by the Israeli army itself but also that any arrests made by Israeli soldiers of Palestinian children are backed up with evidence of the child's involvement in an actual crime. According to article 9 section 5 of the ICCPR anyone wrongly arrested or imprisoned has a right to compensation, “Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.” Which the Israeli army has also failed to offer or provide as a means of an apology for it’s harassment of innocent Palestinian children. Of course a monetary compensation in no way makes up for any trauma inflicted on these children but it is a step in the right direction. In light of these issues, what are some solutions for the Israeli army to improve it’s treatment of Palestinian children?
In February of 2013 UNICEF released a report Children in Israeli Military Detention: Observations and Recommendations detailing the specific violations being committed by the Israeli army against Palestinian children. While a large part of the UNICEF report is spent discussing the various issues regarding the Israeli armys treatment of Palestinian children, the last portion of the report offers a few recommendations on how the Israeli army can improve its policies in regards to the arrests or detainment of Palestinian children. The biggest issue with the arrests and detainment of Palestinian children is that often these arrests are considered arbitrary by the Palestinian people. So many Palestinian children are arrested and detained first before any other option has been considered. The UNICEF reports offers two reccomendations in regards to these issues. The first reccomendation is “ Use of detention only as a measure of last resort. Children should only be deprived of their liberty as a measure of last resort and for the shortest appropriate period of time”. The second reccomendation is “ Alternatives to detention. Alternatives to detaining children should always be considered and encouraged, at both the pre-trial and post-sentencing stages of any judicial or military detention system.” These two recommendation state that the detention of Palestinain children should be the last possible option for the Israeli army and that other options should be considered first. If the Israeli army must absolutely arrest a Palestinian child, it should only be because the child poses an imminent threat to the community. There should also be the option of home arrest for Palestinian children who are awaiting trial or sentencing. The report also goes on to recomend that the Israeli army must provide legal counsel for Palestinian children, forgo the use of blindfolds when arresting Palestinain children, and that under no circumstance should solitary confinement be used as punishment.
As mentioned earlier the UNICEF report does discuss multiple human rights violations committed by the Israeli army and hopefully the Israeli army will begin to implement the recomendations from the report to not only possibly improve its relations with the Palestinain people but to also protect the rights of the Palestinian children. Documents like the Conventions on the Right of the Child and the International Covenant on Civil and Political Rights were created for a reason, to prevent or stop human rights violations like the ones happening in the West Bank and Gaza from happening. While I am well aware that it’s a challenge to stop ALL human rights violations from occurring and even more challenging in a region of conflict. Nonetheless it’s important that governments like Israel still strive to implement policies laid out in these human rights documents in order to protect the human rights of all people, especially the rights of children. Failure to do so is inexcusable.
Works Cited
"Conventions on the Right of the Child" United Nations Human Rights System. n.d Web. 27 June 2014.
"International Covenant on Civil and Political Rights" United Nations Human Rights System. n.d Web. 27 June 2014.
United Nations Children’s Fund (UNICEF). "Children in israeli Military detention Observations and Recommendations." . New York: United Nations. Feb. 2013. Web. 27 June 2014.
Dinitz, Simchia. "The Yom Kippur War: Diplomacy of War and Peace." . Taylor and Frances, n.d. Web. 27 June 2014.
Naor, Arye. "Civil–Military Relations and Strategic Goal Setting in the Six Day War.." . Taylor and Frances, n.d. Web. 27 June 2014