Two Laws for children in Israel

It is beyond any doubt that the IDF is abusing Palestinian children, especially physical.

What is even worse, is that the IDF can do this with the law in their hand.

In Israel there are two sets of Laws. One for Israeli children and one for Palestinian children.

The following is a paragraph from a report.

Children in Military Custody
June 2012
A report written by a delegation of British lawyers on the treatment of Palestinian children under Israeli military law

An example of their findings.

14. Thirdly, under international law, no state is entitled to discriminate between those over whom it exercises penal jurisdiction on the basis of their race or nationality. Unequal or differential justice is not justice. We have encountered official Israeli attitudes which, while not overtly contesting this proposition, implicitly challenge it. Beyond this, however, it is uncontested that there are major differentials between the law governing the treatment of Palestinian children and the law governing treatment of Israeli children. There are also grounds for believing there to be serious differentials in procedure and practice.

The full report is here.

That is the legal basis for IDF’s harsh treatment of Palestinian children. But it goes beyond that. They break their own “Law” by abusing the Palestinian children much worse than stated by their “Law”.

In this report, the lawyers unrevealed a serious gap between the Law and reality of the treatment of the Palestinian children.  The report has an extensive conclusion and also a long range of recommendations.

The Conclusion starts with this:

Conclusions

110.     As we have explained, we have been given two radically different accounts of Israeli  practice. It is not our role to adjudicate between them. But within them are certain  undisputed facts which compel us to conclude that Israel is in breach of articles 2  (discrimination), 3 (child’s best interests), 37(b) (premature resort to detention), (c)  (non-separation from adults) and (d) (prompt access to lawyers) and 40 (use of shackles)111  of the United Nations Convention on the Rights of the Child. If the manner of arrest and detention is to a significant extent that which is described in paragraphs 36 and 37, Israel will also be in breach of the prohibition on cruel, inhuman or degrading treatment in article  37(a) of the Convention. Transportation of child prisoners into Israel is in breach of article 76  of the Fourth Geneva Convention. Failure to translate Military Order 1676 from Hebrew is a violation of article 65 of the Fourth Geneva Convention.

The abuse of Palestinian children is now thoroughly documented, and has been an important issue in the UN. The latest I could find were these articles from the UN, a formal report and a comment from a high UN official.

Now, if we let the suffering and cruelty rest for a while, what are we dealing with here?

The fact is that nobody can or will (?) control Israel. Even China and Russia are careful not to break Human Rights and International Laws too blatantly. But Israel? They do whatever they feel they “have” to, based on two things: The Holocaust and “the right to defend themselves”. That is supposed to give them the right to violently suppress a helpless people.

As I have said before: This must be a dilemma for the US who is the main supporter of Israel.

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