Human Rights Protections: Palestinians

Flick Drummond Excerpts

Thursday 20th April 2023 Commons Chamber

[Mrs Flick Drummond (Meon Valley) (Con)]

I thank the hon. Member for Dundee West (Chris Law) for bringing forward this important debate. I declare an interest as I visited Israel and Palestine in 2016 with some other MPs, and that is recorded in the Register of Members’ Financial Interests.

I want to concentrate on one aspect that is not often raised in public: the detention and imprisonment of Palestinian adults and children from the Occupied Palestinian Territories, which is a central part of Israel’s military occupation.

In 2016, we visited the Israeli military court at Ofer and saw how it works in person. Only Palestinians are tried in military courts. Settlers in the OPTs are tried in Israeli civil and criminal courts. As part of his report in October 2018, the UN special rapporteur wrote about how

“the extension of Israeli laws to the West Bank”

since 1967 has created “a discriminatory legal regime”.

If an Israeli settler child and a Palestinian child throw a stone in the same area, the former will almost certainly not land up in a court and will be protected by Israel’s legal system. However, the Palestinian child will face a military court. Israel’s military court at Ofer has, by its own figures, a 99.74% conviction rate. Why? Because lawyers advise Palestinians to plead guilty in order to get out earlier. I will leave it up to hon. Members to weigh whether that is justice.

International law is very clear on the legal authority to impose military law and establish military courts to try civilians. The key provisions are found in the Hague regulations and the fourth Geneva convention. Articles 64 and 66 of the fourth Geneva convention state that local laws

“may be repealed or suspended…where they constitute a threat to…security”

and replaced with military law, enforced in

“properly constituted, non-political military courts”.

That is what the Israeli military authorities use as the jurisdictional basis for establishing military courts in the west bank. However, international law also stipulates that occupation should be on a temporary basis, including the prosecution of civilians under military law. As we have heard, Israel’s military court policy has been in existence for 56 years—hardly a temporary solution.

The PLO Ministry of Detainees and Ex-Detainees’ Affairs estimates that more than 850,000 Palestinians have been detained since 1967. Wide-ranging military regulations govern every aspect of Palestinian life. Military orders provide for a wide range of offences, divided into five categories—some credible, some not. Hostile terrorist activity and disturbance of public order are classified in that way, which I think is acceptable, but so are classic criminal offences, illegal presence in Israel and traffic offences committed in the OPT. Do the last three categories of offence really need to be tried in a military court? Are the sentences proportionate? Under military order No. 1651 of 2009, for example, throwing stones is considered a security offence with a punishment of up to 20 years’ imprisonment.

There is also detention without trial. Palestinians may be held without charge for up to six months under an administrative detention order issued by an Israeli military commander. Recently, with Breaking the Silence, we met a military commander who I think had made such orders when he was 21—a very young age to have such an impact on somebody. The orders can be renewed without charge or trial. As of October 2022, there were 798 Palestinian prisoners being held under an administrative detention order, including eight members of the Palestinian Legislative Council. The majority of those prisoners have served more than six months behind bars.

It is important that I give the House some detail about what happens. Detainees, including children, are handcuffed and blindfolded. Some are kept in total isolation, as we have heard, and there are widespread allegations that they are threatened during interrogation. Some 70% of child detainees and 80% of adult detainees have been unlawfully transferred to prisons in Israel, in violation of the fourth Geneva convention and the Rome statute of the International Criminal Court.

I want to concentrate on what happens to children. Israel is the only country in the world that systematically prosecutes children in military courts. Some 95,000 children have been detained since 1967 in the west bank. The most common charge is stone throwing, and it is often unclear who has thrown the stones. Stone throwing is not acceptable, but no child should be arrested in the middle of the night, roughed up, taken by the army without a parent or a responsible adult and interrogated without a lawyer present.

Worst of all, families are not informed where their children are taken, even though military order 1676 requires that a police officer inform the parents of the child’s detention. In most cases, Palestinian children are taken to detention centres in larger Israeli settlements across the west bank, and parents take the time to find out where their child is. In 99% of cases, children are denied access to their parents or a lawyer and are unaware of their right to remain silent. During covid, families were unable to visit their children. Confessions are often signed in Hebrew, which few of the Palestinian children understand, and 90% plead guilty regardless of whether they committed the offence.

Children should be offered the same protections that would be granted in a civil court. In all of this, Israel is violating the numerous provisions of the UN convention on the rights of the child, which it ratified in 1991. The criminal age of responsibility is 12. In 2011, military orders raised the age of majority from 16 to 18. Under-18s must therefore be tried in juvenile courts, which brings Israel into line with international standards. However, that does not apply to sentencing: 16 and 17-year-olds are still sentenced as adults.

All of this is common knowledge if anyone cares to look. It was confirmed in the legal report that the Foreign Office funded in 2012, which found that Israel was in breach of eight of its international legal obligations under the UN convention on the rights of the child and the fourth Geneva convention. Eleven years on, sadly little has changed. As of 31 March 2023, 151 Palestinian children are in military detention, an 11% increase on the 2022 figure. I urge the Minister to revisit that report and push for change.

Following UNICEF’s report “Children in Israeli Military Detention”, which found that there was ill treatment of children in the military detention system, Israel reduced the maximum time for which a child could be detained before appearing in front of a judge, from four days to 24 hours for children aged 12 and 13 and from four to two days for children aged 14 and 15. However, there was no change in the period for 16 to 17-year-olds, which is still 96 hours. Settlers’ children enjoy much shorter periods of detention before seeing a judge, and are allowed access to parents and lawyers.

The resentment towards the Israeli defence force that each of those 95,000 children must grow up with must be huge, and to say that it is counterproductive must be one of the biggest understatements I have made in the House. As the right hon. Sir Stephen Sedley writes in his foreword to the Save the Children report “Defenceless”,

“Whatever one’s view of the ongoing conflict and its causes, there is no excuse for the systematic infliction of psychological harm on a generation of young Palestinians.”

Sadly, most Palestinian children’s only experience of Israelis is framed by such experiences, and violence from Israeli soldiers and illegal Israeli settlers. I urge Israel to ensure that throughout the arrest, interrogation and court process, Palestinian children are given the same safeguards as Israeli children in civil courts. The UK Government and their partners have a direct responsibility to ensure that that happens, as high contracting parties to the fourth Geneva convention. I urge the FCDO to deal with this as a matter of urgency.