Palestinian Children and Israeli Military Detention

Debate between Andy Slaughter and Sarah Champion

Wednesday 7th February 2018 Westminster Hall

[Sarah Champion]

I can do, but that is quite a big topic. Because of the, in my opinion, illegal occupation, people have to go through a military system, rather than a civilian system. The unfortunate thing is that that is applied to the Palestinians, who rarely have parity with the Israelis.

Although I praise the Israeli Government for allowing the studies to go ahead, it is disappointing that that leading international democracy has largely not acted on the recommendations, which were made in good faith. I now turn to the specific areas I would like the Minister to focus on.

[Andy Slaughter (Hammersmith) (Lab)]

I was last in the west bank in November—I have declared that in the Register of Members’ Financial Interests—and I visited a family whose young son had been seized in the middle of the night and detained. He was in administrative detention. Does my hon. Friend agree that, in one respect, things have got worse since our last debate, because Israel has started using administrative detention—detention without charge for unlimited periods? That must be wrong on any basis.

[Sarah Champion]

Yes. That technique is not used often, but it is used. It allows the child to be held in detention without any charges being brought against them, and without their having the right to respond to the charges.

The prevalent practice of night-time raids by Israeli military personnel causes a huge amount of distress to children and their families. Inevitably, night raids on civilian population areas by any military tend to terrify those communities. After 50 years of use, they can become hugely debilitating. Although conducting night arrest operations reduces the potential for clashes with local residents, the practice cannot be said to be in the best interests of the child—a primary consideration under the UN convention on the rights of the child.

The UK report recommended:

“Arrests of children should not be carried out at night save for in extreme and unusual circumstances. A pilot study of issuing summonses as an alternative means of arrest should be carried out.”

UNICEF made similar recommendations. Following those recommendations, it was most welcome that Israel announced the introduction of a pilot scheme in February 2014, whereby summonses would be issued requiring attendance at police stations for questioning, in lieu of arresting a child at night. That was to be similar to the practice for Israeli children. Military Court Watch reports, however, that the use of summonses in lieu of night arrest has been very low. It found that 6% of the children affected in 2017 reported being served with a summons as an alternative to a night arrest; in 2016 the figure was just 2%.

Even in cases in which summonses are used, Military Court Watch identified a number of issues: in most cases, the summonses were delivered by the military after midnight; relevant parts of the summonses were frequently handwritten in Hebrew without Arabic translation; relevant information, such as the nature of the accusation, was missing; and no reference to the child’s legal rights was included in any of the summonses. Military Court Watch further reports that, in the 80 cases it documented in 2017, 65% of children still reported being arrested at night, in what are frequently described as terrifying raids undertaken by the military.

There is some good news, but overall, since the summons scheme has been in operation, it has been apparent that, first, it is infrequently utilised and, secondly, arrests in terrifying night raids continue to be the norm. Furthermore, the indications—yet to be confirmed—are that the pilot scheme may now have been discontinued altogether. Will the Minister therefore please request from his Israeli counterparts confirmation as to whether the pilot scheme is still operational? Will he also request data on the use of summonses since the pilot scheme was announced in 2014, and will he urge that children should not be arrested at night except in extreme and unusual circumstances?

Next I would like to speak about the right to silence. As we all know, the right to silence is an ancient and fundamental legal right, granting protection against self-incrimination. Significantly, that right is also enshrined in Israeli military law. When implemented properly, it provides vulnerable children with some protection against undue pressure during interrogations, which may lead to false confessions. Military Court Watch notes that 84% of children continue to report not being informed of their right to silence. It further notes that in the 16% of cases in which

“children were informed of this right, the manner and circumstances in which the information was conveyed raises serious questions as to whether the notification is sufficient.”

Another fundamental legal right is timely access to legal representation. International legal standards provide that interrogations should take place in the presence of a lawyer to protect against self-incrimination and to provide safeguards against potential ill-treatment or coercion. Israel’s highest court has confirmed the fundamental nature of the right to consult with a lawyer during the interrogation stage of an investigation.

In the 2015 update to its report, UNICEF noted that Israel’s military prosecutor highlighted that Israeli military order 1651, issued in 2009, provides a detainee with the right to meet and consult with a lawyer. Although military law is silent on when such a consultation should take place, it is accepted that it must occur before questioning, subject to limited security exceptions. As in many situations, however, there is a large gap between the law and what happens in practice.

Child Prisoners and Detainees: Occupied Palestinian Territories

Debate between Andy Slaughter and Sarah Champion

Wednesday 6th January 2016 Westminster Hall

[Sarah Champion]

There are two points and I will come to some conclusions. There is a role for the British Government to work with both sides, and I accept that there are failings on both sides. However, the reason for riots when children have been arrested during the day is largely the inhumane treatment of those children. I understand why a parent would be extremely upset if their child was detained. The very fact that the Israel Defence Forces go in at night shows how hostile their behaviour is.

[Andy Slaughter (Hammersmith) (Lab)]

Does my hon. Friend agree that the context is the illegal occupation since 1967? Does she also agree that one of the most egregious elements is the difference between the treatment of Israeli children in illegal settlements and Palestinian children? Israeli children are subject to the rule of law; Palestinian children are not.

[Sarah Champion]

That is the nub of this debate and I appreciate the fact that my hon. Friend brought it forward. If there are no more interventions, I will make some headway.

UNICEF’s findings are corroborated by evidence collected by Military Court Watch, an organisation made up predominantly of lawyers working in the region, indicating that ill-treatment within the system still seems to be “widespread, systematic and institutionalized” as of last month. In spite of UK and UN intervention, the most recent evidence indicates that the majority of children continue to be arrested in terrifying night-time military raids. In the few cases when summonses are used, most are delivered by the military after midnight and much of the information is written in Hebrew.

Some 93% of children continue to be restrained with plastic ties, many painfully so, and the standard operating procedures are frequently ignored. Around 80% of children continue to be blindfolded or hooded, a practice that the UK and UNICEF reports said should be absolutely prohibited. Audiovisual recording of interrogations has been mandated only in non-security-related offences, which means that nearly 90% of cases involving children, including those accused of attending a demonstration, continue to take place without this practical safeguard.

Perhaps most disturbing is the fact that the reports of physical abuse—consisting mainly of punching, kicking, position abuse and slapping, but in some cases also including more serious allegations, such as of being mauled by dogs and receiving electric shocks—are now higher in number than they were in 2013.

As for the scale of the problem, Military Court Watch estimates that since June 1967 about 95,000 Palestinian children have been detained by the Israeli military. Of those, 59,000 are likely to have been physically abused in one way or another. That abuse is truly disturbing and is on an industrial scale. Why is it that after so much effort, so little progress has been made? Is there something inherent in the situation in Palestine that prevents genuine change? When I visited Israel and Palestine in September 2015 as part of a cross-party Council for Arab-British Understanding and Medical Aid for Palestinians delegation, it became apparent why little has changed during the three intervening years.

To understand the situation, one must think like an Israeli defence force soldier. Essentially, the Israeli military have but one mission in Palestine—to guarantee the protection of nearly 600,000 Israeli civilians living in illegal settlements in East Jerusalem and the west bank—an unenviable task for any military to be given. To achieve their mission, the military must engage in a strategy of mass intimidation and collective punishment of the Palestinian population, or risk the eviction of the settlers. That inevitably leads to fear, resentment and friction. [Interruption.]