Child Prisoners and Detainees: Occupied Palestinian Territories

Louise Ellman Excerpts

Wednesday 6th January 2016 Westminster Hall

[Sarah Champion]

I agree with the hon. Lady. That recommendation is superb and there are others.

[Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)]

My hon. Friend makes an important point, but does she accept that the context in which these situations occur is an organised campaign conducted by the Palestinian authorities of incitement, to try to provoke young Palestinians to carry out acts of violence towards other civilians, some of which result in death, including the death of young children?

[Sarah Champion]

I take on board my hon. Friend’s point. However, this debate is about the different treatment of Palestinian and Israeli children, and the breach of human rights and international law. I completely agree that if someone has committed a crime, they should be dealt with appropriately and with due process, but that is not what is happening at the moment.

--- Later in debate ---

[Sarah Champion]

Thank you, Mr Chope.

As I was saying, that inevitably leads to fear, resentment and friction, often resulting in the military detention of Palestinian civilians, including children, or, to put it another way, how else could 600,000 Israeli civilians safely go about their daily lives while residing in illegal settlements in occupied territory for nearly 50 years? It is no coincidence that the one thing that all detained children have in common is that they live at a friction point located within a few kilometres of an Israeli settlement or a road used by Israeli settlers. At those friction points, the military make their presence felt through night raids, violent incursions, suppression of demonstrations, arrests and roadblocks—a fact repeatedly confirmed by former Israeli soldiers in their testimonies to the group Breaking the Silence.

[Mrs Ellman]

Does my hon. Friend really believe that the solution to this horrendous conflict between two peoples—the Israeli and the Palestinian people—can be found by encouraging individual child Palestinians to commit acts of violence against other human beings?

[Sarah Champion]

My personal view is that there have been atrocities on both sides, but my feeling is that the way to reach a solution is to treat all individuals, both children and adults, as humans and respectfully, and I do not believe that that is happening at the moment.

Another explanation as to why so little progress has been made during the past three years is that the Israeli Ministry of Foreign Affairs delegated the task of implementing UNICEF’s recommendations to Israel’s military prosecutor in the west bank, who is himself a resident of an illegal settlement. That fact alone raises serious questions as to whether the Israeli authorities have any genuine intention to bring about meaningful change in accordance with their international legal obligations.

As troubling as the lack of progress may be, another issue strikes closer to home, because it highlights a blatant disregard for the international legal order established after the second world war and accordingly has the potential to endanger us all. One recommendation in the UK and UNICEF reports was as follows:

“All Palestinian children detained under Israeli military law should be held in facilities in the Occupied Palestinian Territories and not in Israel, which constitutes a breach of article 76 of the Fourth Geneva Convention.”

Our own Government have confirmed that legal conclusion in writing. Sadly, the latest figures released by the Israel prison service, a Government body, indicate that since that recommendation was made, the percentage of Palestinian children being transferred to prison facilities inside Israel has actually gone up and now stands at 56%.

--- Later in debate ---

[Mrs Ellman]

I note my hon. Friend’s comments that a child should not be detained, and I assume that she means in any circumstances. Suppose a child was involved in an act of violence that resulted in the deaths of other human beings. That is what has happened with young Palestinians throwing stones—people have been killed. In those circumstances, surely she thinks that there should be detention.

[Naz Shah]

rose—