MILITARY CHILD DETENTION IN THE WEST BANK: An Israeli politics-driven policy aimed at destroying the will of a generation

Abstract

My research introduces the issue of the Israeli military detention policies towards Palestinian children in the West Bank (WB) and illustrates how these violate international humanitarian law (IHL) and international human rights law (IHRL), despite their legally binding nature and despite Israel’s obligation to protect Palestinian civilians as protected persons under occupation. My research shows that Israel fails to uphold the best interest of the child resorting to the detention of Palestinian minors in an “intentional, widespread and systematic manner” (UNICEF, 2013:13) and not as a measure of last resort. My research also shows that intentionally targeting Palestinian children is one of several tools Israel adopts to enforce the occupation in the WB. Ultimately, Israeli detention policies are a form of persecution and deny children their right to self-determination.

My research applies two methods: legal analysis and interviews. Chapter two discusses Israel’s obligations under IHRL with special reference to the Convention on the Rights of the Child of 1989 (CRC), the International Covenant on Civil and Political Rights of 1966 (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 (CAT) and under IHL with special reference to the Hague Regulations of 1907 and the Fourth Geneva Convention of 1948 (IV GC). The legal analysis focuses mainly on IHRL and only partially draws on IHL. Finally, chapter three presents the findings from interviews to a number of human rights advocates from Palestinian and international NGOs. The interviews, conducted between March 18th and May 28th, 2015, corroborate the legal arguments.