Major Violation, Minor Insecurity
And what ‘National security information’ is being elicited from the interrogation of these children, who the Israelis are abusing? “They are pumped for information about the activities and sympathies of their classmates, relatives and neighbours.” (TG)) Within walls of intimidation a child can be forced to betray their friends and families, eliciting the names of other stone throwers is a primary aim of the torturer. B’Tselem: “One method the police use to identify juvenile stone throwers is incrimination: the police arrest one or more youths, they are required to give names of other youths whom they saw throwing stones, and these youths are then arrested and required to provide the names of others, and so on.”(BTSR) The children under interrogation in a frightening isolated place, far from the sanctity of home, are under great emotional stress and inevitably give up the names of friends, the experience then compounded by the added trauma of guilt.
Children are mostly held inside Israel itself, which restricts access to legal support and excludes family members from visiting, their freedom of movement is constrained under the occupation, the necessary permit to visit the prisons is often impossible to obtain. Families are therefore unable to support their children through the ordeal of confinement. Holding children in prisons inside Israel is in violation of Article 76 of the Fourth Geneva Convention, which prohibits such transfers. According to DCI, “testimonies [from 310 children] reveal that the majority of children are taken away to an unknown location for interrogation.” (BBCC) This process of arrests, detention and torture operating inside Israel and outside international and national law, offers the victims no legal recourse, DCI (“there is a general absence of effective complaint mechanisms.” (Ibid)
Legally Binding, Illegally Bound
The Israeli judicial system as it currently pertains to Palestinian children, allows illegal practices to take place within the walled settlements –themselves illegal, inside police stations and Israeli prisons. International law on the rights of the child, to which Israel is bound, is clear and extensive: “The main document establishing the rights of children is the Convention on the Rights of the Child, adopted by the UN in November 1989. Israel signed the Convention in July 1990 and ratified it in August 1991.”(BTSR) In the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, we find: “Condemning the targeting of children in situations of armed conflict and direct attacks on objects protected under international law, including places that generally have a significant presence of children, such as schools and hospitals.” (11) Schools are repeatedly targeted by Israeli security forces, according to the UN in 2010 there was an increase in the number of attacks on education institutions. The Un continues its findings, “these attacks resulted in damage to schools or interruption of education, placing the safety of the children in Gaza and the West Bank at risk. The majority of cases involved the presence of Israeli security forces within school compounds following raids, forceful entry, and search and arrest operations, including the use of tear gas on students.” (UNDOPI) All international treaties and conventions signed by the lawbreaker, Israel, safeguard children in conflict, and Israel ignores them all. DCI: “These treaties relevantly provide that: in all actions concerning children their best interests shall be a primary consideration; children should only be detained as a measure of last resort and for the shortest appropriate period of time;” (BBCC) Held for ‘17 days in solitary’ as Mohammed was, is neither short nor appropriate, indeed it is illegal. It is one example within a catalogue of atrocities that sees Israel contravening another convention, breaking yet another international law and doing so with impunity. This must stop, urgent action is required to safeguard the children of Palestine and protect them from the tyranny that is Israeli policy in the OPT’s.
In order to fuel what is a raging furnace of legal standards raging around Israel, let us add The Fourth Geneva Convention, which “grants special protections to minors” (IOAK) and provides 146 articles that protect in law the lives of all Palestinians living under the illegal Israeli occupation. Israel is in breach of them all. Indeed ‘grave breaches’, which in itself constitutes war crimes, “the world has seen those [grave breaches] inflicted every day by Israel against the Palestinian People living in occupied Palestine: e.g., wilful killing of Palestinian civilians by the Israeli army and Israel’s illegal paramilitary settlers.” (Ibid) Israel is guilty of ‘grave breaches’ of the convention and the more serious offense of ‘Crimes Against Humanity’ against Palestinians “as determined by the U.N. Human Rights Commission” (Ibid), which is the “legal precursor to the international crime of genocide as defined by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.” (Ibid) The argument that Israel is or has in fact already committed the crime of genocide, is powerful and to many indisputable.
Genocide, ethnic cleansing, apartheid, crimes against humanity; titles that all fit Israel bespoke. Call it what you will, the actions of Israel in the OPT’s are vile, murderous, calculated and illegal. It is for the international community acting in unity, and led by the UN to finally stand up and act to protect the lives of the innocent men, women and children of Palestine, lifting the shadow of constant fear, intimidation and aggression from their lives. Humanity is one. Together we must stand in the face of injustice, violence and hate to safeguard the lives of the innocent, the oppressed the defenceless.
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