‘Under Israeli military law army commanders have full executive, legislative and judicial authority over 3 million Palestinians living in the West Bank. Palestinians have no say in how this authority is excercised.’
Israeli human rights organisation, Military Court Watch
Accompanied by Mona, a representative from Military Court Watch, we pass through security at the Israeli army base, Camp Ofer and enter the waiting area of its military court, where Palestinians detainees are tried.
Military Court Watch states that as of June 30th 2024, there are currently 209 Palestinian minors in Israeli military detention. Seventy-five of these children are being held under administrative detention. This is incarceration without trial or charge, alleging that a person plans to commit a future offense. It has no time limit, and the evidence on which it is based is not disclosed (Israeli human rights organisation, B’Tselem). 50% of incarcerated children have been transferred from Palestine into prisons within the State of Israel, in violation of international law. Israel is the only country in the world that systematically prosecutes children in military courts, a practice that Save the Children have called a ‘long–standing human rights concern’.
Inside the waiting area are 13 women and one man sitting quietly in the morning heat, waiting to see their husbands and sons who are on trial. We speak to a few of the women, each of whom has similar harrowing tales of the arrest and subsequent detention of their loved ones. Some tell us of being woken during the night by ‘laser beams blazing into their homes’. This signaled the arrival of the Israeli military, who proceeded to raid their homes, unleashing uncontrolled dogs. UNICEF report that the majority of arrests happen in the middle of the night.
‘The children screamed as they were frightened of the dogs – what the military didn’t destroy in the house the dogs did.’
A mothers testimony of a night arrest
Her husband and son were taken away that night, her husband has since been released. He has suffered health problems, including severe anxiety since his release, having been held for four months in the prison camp. He told his wife of the overcrowded conditions, random beating by guards, hunger, no sunlight, and how they were unable to sleep due to loud music being played all through the night by the guards. He developed a skin condition due to having no access to wash facilities; he wore the same clothes he had been arrested for the duration of his time incarcerated. None of the women we spoke with expected their child to be going home with them that day.
‘They would not let me dress. [The soldiers] put me and the children in the room together .’
A mothers testimony of a night arrest
We take a seat in the back of the courtroom. Mona explains that since the Hamas attacks on October 7th, and Israel’s subsequent military campaign in Gaza, prisoners are no longer physically present in the room. Hearings take place via Zoom; a young man appears on a screen with a large Israeli flag behind him. His hands are handcuffed, and an Israeli military guard can be seen in the background. A military judge presides over the court. A translator and the prosecution lawyer are seated before the judge, both Israeli soldiers. Any interaction with the young man is through his lawyer via telephone.
Before us sits the prisoner’s mother; she is waving to a camera at the rear of the court and making heart signs to her son; there is no point in her speaking as he cannot hear her; he has been muted. He appears oblivious to the court proceedings; he smiles almost shyly at his mother and attempts hand signals. However, the handcuffs make this problematic.
The trial is conducted in Hebrew, not Arabic. All present appear to be shouting at each other. At one stage, the security guard yells at the mother to sit down; she ignores him and continues to gesture to her son at the camera. Suddenly, the screen is blank; the case is over; it has adjourned. The hearing lasted less than 5 minutes, and a different face was on the screen as another parent entered the room.
‘Dual Israeli legal systems operate in the West Bank. Palestinians are prosecuted in military courts, whereas Israeli settlers are prosecuted in civilian courts, with far greater rights and protections..’
Israeli human rights organisation, Military Court Watch
Outside the courtroom, we speak with the mother, who had been sending love signals to her son for a few minutes previously. She is quietly wiping tears from her eyes as she talks to us. She tells us her son has been detained here for 14 months – he turned 18 in March of this year. She tells us she barely recognises him as his appearance has changed so much – he is worn and sad, and she feels great pain. However, she will always smile and appear happy when she is in his presence;
‘I don’t let him see me cry.’
Since the events of October 7th, no prison visits are allowed, and only one family member can attend the court proceedings; these proceedings are the only opportunity for family members to see their children. Lawyers have highly restricted access to their clients in some cases. When she has gone, we realise we have not asked her what the charges against her son are. We asked Mona;
‘It doesn’t matter what the charges are—the result will be the same. Usually, it’s throwing stones. However, since October 7th, we have seen more charges of ‘incitement’ for sharing social media posts.’
She continues;
‘It is like a conveyor belt… There are 45-50 daily hearings, usually 3 minutes, five days per week. The verdict is usually the same –adjourned.’
Mona tells us that since October 7th, she has witnessed no acquittals. At best, the defendant can enter a plea bargain, whereby he shall plead guilty and receive a reduced sentence. As there is a 99% conviction rate at these juvenile courts, lawyers advise their clients to accept the plea. However, they are cautioned beforehand that they may be further detained immediately upon release under administrative detention.
According to Defence for Children International, since 2000, Israeli military authorities have detained, interrogated, prosecuted, and imprisoned approximately 13,000 Palestinian children. Children typically arrive to interrogation bound, blindfolded, frightened, and sleep deprived. They often give confessions after verbal abuse, threats, and physical and psychological violence that, in some cases, amounts to torture. The most common charge levied against these children is throwing stones, which, under Israeli military law, can carry up to 20 years in prison.
‘The ongoing impunity of the occupying state for these torture crimes implicates the international community as complicit in these acts.’
Palestinian human rights organisation, Addameer
Since October 7th, the conditions of arrest, detention and imprisonment have worsened. Torture and ill-treatment of prisoners ‘has intensified as a form of retaliation against Palestinian detainees, without regard for international legal consequences.’ It is imperative that we, the international community, rise to action:
Take action!
The International Court of Justice ruled last month that the Israeli occupation of Palestine is illegal. This historic ruling outlaws Israel’s 56-year-long military rule over millions of Palestinians, including its application of inequitable military law. Join us in calling on elected representatives and faith leaders to support the findings of the court:
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In the UK? The new UK government has promised to be a party of international law. Please sign this urgent petition by Save the Children urging them to take decisive action for justice for children across Palestine.
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In Ireland? If enacted, the Occupied Territories Bill would ban trade between Ireland and Israel’s illegal settlements in the West Bank, showing Ireland to be a country of international law and setting a precedent for the rest of Europe. In light of the ICJ ruling, this Bill is more important than ever. Please contact your elected representatives and urge them to support it.
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All – please write to your elected representatives and faith leaders urging them to speak publicly in support of the ICJ’s ruling with immediate effect.