Palestinian Children and Israeli Military Detention

Afzal Khan Excerpts

Wednesday 7th February 2018 Westminster Hall

[Sarah Champion]

I completely agree. That is what I want to focus on: we are talking about children. Regardless of the crime that they have or have not committed, they should still be treated with dignity and within the constraints of the law.

The arrest process and interrogation methods referred to by Dr Carmon were described in great detail in the UK and the UNICEF reports. It is deeply disturbing that two years after the release of the UNICEF report that concluded that ill treatment appears to be “widespread, systematic and institutionalised”, the UN agency issued an update that found

“reports of alleged ill-treatment of children during arrest, transfer, interrogation and detention have not significantly decreased in 2013 and 2014.”

[Afzal Khan (Manchester, Gorton) (Lab)]

I thank my hon. Friend for securing this debate. In the light of what she says, would it not be appropriate for our Government to demand an independent inquiry from the Israeli Government into what is going on? That would help everyone.

[Sarah Champion]

The reality is that we are not in a position to demand. The purpose of this debate is to reach out a hand of friendship and to offer the skills and expertise that we have in this country on this topic, to work in partnership with Israel.

Although UNICEF is yet to release any further updates, reports issued by the US State Department, Military Court Watch and others indicate that the situation today remains substantially unchanged. It is worth recalling that the UK report noted that if the process of arrest and interrogation is occurring to a significant extent as described, Israel would be in breach of the absolute prohibition on torture and other cruel, inhuman or degrading treatment or punishment.

As a bare minimum of protection, I urge the Minister to make representations to ensure that no child is subjected to physical or psychological violence, no child is blindfolded or painfully restrained, and no child is subject to coercive forces and threats. Any statement made as a result of torture or ill treatment must be excluded from evidence in proceedings. I ask the Minister to make inquiries to UNICEF about when the agency will release its next update, and to commend it on the important work it has done.

Two years ago, in a debate on the same subject, I referred to Israel’s policy of transferring Palestinian detainees—adults and children—from the west bank to prisons located in Israel, in violation of article 76 of the fourth Geneva convention. International law classes this activity as a war crime. In UK domestic law, the Geneva Conventions Act 1957 and the International Criminal Court Act 2001 class this activity as a war crime. The latest data released by the Israeli prison service indicates that in 2017, 83% of adult detainees and 61% of child detainees were transferred and detained unlawfully. This practice affects approximately 7,000 individuals each year and it has continued for 50 years. Strikingly, however, Israeli military authorities informed UNICEF in late 2014 that they have no intention of changing this policy.

That rejection undermines the credibility of the international legal order, and therefore harms the security of us all. I have been to Ofer military court and spoken to parents. Because of the restrictions on movement and the requirement of permits to visit their children in Israel, some parents never get to see their children in prison. The unlawful transfer and detention of children in Israel is not just a legal issue but one of basic humanity. Has the Minister or anyone in his Department had any conversations that would shed light on Israel’s decision to explicitly reject the specific UNICEF recommendation? What further steps does he intend to take to encourage Israel to meet its international legal obligations on the transfer of prisoners out of occupied territory? Can the Minister ascertain how many UK citizens are currently involved, directly or indirectly, with the unlawful transfer and detention of Palestinian prisoners outside the occupied territory? What measures will he take in respect of those individuals in accordance with the law?

By now I am sure everyone is aware of the case of Ahed Tamimi, a now 17-year-old girl from the west bank village of Nabi Saleh. In December, she was arrested in the middle of the night after being filmed confronting and slapping Israeli soldiers in her village following the shooting of her 14-year-old cousin. Like all Palestinian female prisoners, Ahed has been transferred to a prison in Israel. The case is polarising: on the one hand, there are those calling for her immediate release; on the other, Israel’s minister for education calls for the military courts to impose a life sentence.

It is important that we all recall that Ahed is just one of more than 800 children arrested each year, according to the most recent data released by the military authorities. Most of these children are arrested in the middle of the night, frequently brutalised and systematically denied their legal rights. We need these children and their parents to have faith and confidence in a political solution and in due regard for the law. History has taught us that if politics and the law fail to meet the needs of the people, people turn to other solutions. The treatment of Palestinian children during arrest and detention is an issue that has been allowed to fester for too long and needs resolving. It concerns us all, because when Israel—our friend and a democratic state—breaks international law and obligations, it makes it that much harder to enforce them in respect of other countries around the world. Israel’s decisions have a global impact.

Two years have elapsed since the Minister’s predecessor explained to me and other MPs in this Chamber that the Government would fund the UK lawyers’ return to Israel to review progress on the implementation of their report recommendations. Allowing the UK lawyers to enter into constructive technical dialogue with their Israeli counterparts, where they can share the UK’s good practice, should expedite the implementation of the practical reforms that are urgently required to protect Palestinian children.