Child Prisoners and Detainees: Occupied Palestinian Territories

Peter Dowd Excerpts

Wednesday 6th January 2016 Westminster Hall

[Sarah Champion]

I have heard that argument before and I hope that I will deal with it in the forthcoming part of my speech.

In the case of adults, the percentage rises such that a staggering 86% are in Israeli prisons. That affects between 7,000 and 8,000 individuals annually. To make matters worse—if that were possible—the military authorities have now informed UNICEF that they have no intention of changing that policy. It is striking that of the 38 recommendations made by UNICEF, the one stating that Palestinian children from the west bank should be held in facilities located in the Occupied Palestinian Territories is the only recommendation that UNICEF declares has been “rejected” by the Israeli authorities.

There is an unfortunate UK link when it comes to those prisons, as my hon. Friend the Member for Sheffield, Heeley (Louise Haigh) highlighted. As I am sure everyone here is aware, our own G4S is providing services to the prisons that hold Palestinian detainees following their unlawful transfer from the west bank, in violation of the convention. Those commercial contracts are set to continue until 2017, even though they have been officially held to be inconsistent with the OECD guidelines for multinational enterprises.

To understand why any of this matters, it is worth briefly considering the legal provisions that prohibit transfer, and why they were thought necessary in the first place. Article 76 of the fourth Geneva convention specifically prohibits the transfer of protected persons accused or convicted of offences from an occupied territory. It is unnecessary to consider whether the convention applies to the Israeli-Palestinian conflict, or the status of Palestine as an occupied territory, as both those issues have been authoritatively determined by the UN Security Council in legally binding resolutions and that has been accepted by successive British Governments, putting the question beyond any sensible dispute.

The articles of the convention are accompanied by a commentary provided by the International Committee of the Red Cross, whose role includes monitoring the compliance of warring parties with the convention. The commentary makes it clear that the prohibition on transferring protected persons from occupied territory, for whatever reason, stems from the experiences of the second world war, when, as we all know, mass transfers in Europe were commonplace. Determined to avoid a repetition of those experiences, the authors of the fourth Geneva convention voted unanimously in favour of prohibiting unlawful deportation or transfer.

[Peter Dowd (Bootle) (Lab)]

“My hands were tied in front of me, so I kept reaching up to pull the blindfold off, but the soldiers kept pulling my hands down to stop me. I just wanted to go home to my dad.” That was a nine-year-old. Does my hon. Friend agree that if that behaviour happened in any of our constituencies, we would be outraged?

[Sarah Champion]

I think that the whole room gasped when my hon. Friend read that out. We would be outraged, and I draw my hon. Friend’s attention to the fact that that behaviour is happening on an industrial scale.