New military order on juveniles issued in the West Bank

Children as young as 12 can still be tried in the military courts, and are treated as adults as soon as they turn 16. This is in contrast to the Israeli domestic legal system that fixes the age of majority at 18, in accordance with generally accepted comparable principles of juvenile justice.

Military Order 1644 provides for the appointment of ‘juvenile judges’ by the Military Court of Appeal. These ‘juvenile judges’ are themselves, military court judges who ‘must be prepared to be competent for the post’. No further information is provided to shed light on how it is anticipated these military court judges are suitably qualified to adjudicate cases involving 12 year old children.

Military Order 1644 exempts all hearings to determine whether a child should be kept in pre-trial detention until the end of the legal proceedings from the requirement of having to be heard before a ‘juvenile judge’.

Much of the language used in Military Order 1644 is discretionary in nature, not mandatory. For example, the ‘juvenile military court’ must convene in separate rooms ‘as much as possible’ and children must not be brought to the court, or detained with adults, ‘as much as possible.’

It must be recalled that over 700 Palestinian children are prosecuted in Israeli military courts each year and the most common charge is throwing stones, including throwing stones at the Wall. The changes proposed by Military Order 1644 appear to lack substance.

As a minimum safeguard, DCI-Palestine continues to call upon the Israeli authorities to:

Ensure that no child is interrogated in the absence of a lawyer of their choice or family member;

Ensure that all interrogations of children are video recorded;

Ensure that all evidence suspected of being obtained through ill-treatment or torture be rejected by the military courts;

Ensure that all credible allegations of ill-treatment and torture be thoroughly and impartially investigated and those found responsible for such abuse be brought to justice.

DCI-Palestine lawyers will continue to monitor developments in the military courts.

Unofficial translation of Military Order 1644