Detention of Palestinian Children (West Bank)

Debate between Andrew Smith and Sandra Osborne

Tuesday 7th December 2010 Westminster Hall

[Sandra Osborne]

The Palestinians have their own system for dealing with juvenile crime. I might add that we raised some issues about that with the Palestinian Prime Minister, who certainly acknowledged that there are problems with adult crime. The occupation has gone on for years, and the fact that Palestine is at least facing up to its difficulties and trying to improve the situation is laudable. However, it does not really matter what the legal system is. The system used by the Israelis breaks international law. That is completely unacceptable, and it is high time that something was done about it.

[Mr Andrew Smith (Oxford East) (Lab)]

I congratulate my hon. Friend on securing this enormously important debate. Further to the previous intervention, if I understood it correctly, it cannot be defensible to argue simply that because Israel is illegally occupying other territories, that justifies a dual and discriminatory legal system that contravenes international law and the human rights of Palestinians. Surely that is not what the hon. Member for Aberconwy (Guto Bebb) was arguing, was it?

[Sandra Osborne]

I certainly hope not. I could not agree more with my right hon. Friend.

Will the Minister confirm that the Government accept that such treatment is a serious breach of the fourth Geneva convention, and that the Government should implore Israel to abide by its treaty obligations? Will he raise those issues personally with the Israeli Prime Minister on behalf of the UK Government? Has he made any effort to view the military courts? I know that he will visit the west bank shortly; will he consider seeing the situation for himself?

DCI has made the following recommendations based on its detailed research into the legal issues. The Israeli authorities should:

“Ensure that no child is interrogated in the absence of a lawyer of their choice and 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”.

Those found responsible for such abuse should be brought to justice. Furthermore:

“No Palestinian child should be detained inside Israel in contravention of Article 76 of the Fourth Geneva Convention”.

Thank you, Mr Howarth, for the opportunity to have this debate. I hope that the Minister will take this serious matter on board.