Procedures for Dealing with Young Palestinian Protesters in Israeli Courts
Israel has established a military juvenile court in the territories to deal with youngsters accused of security and criminal offenses.
• Judges: The sentencing of a minor will take place in a military juvenile court before a single youth judge or panel where the presiding judge is a youth judge. Youth judges in the territories will receive necessary training (several judges have already been trained as juvenile judges).
• Defendants: The difference in prosecutions between Israeli and Palestinian minors so far in the territories stems primarily from the varying definitions of who is a minor. Under Israeli law, a minor is a person younger than 18, while the law in the territories defined a minor as someone under the age of 16. As a result, 17-year-old boys, for example, were tried as adults. In its recommendations, the commission called for Palestinian youths to be considered minors until the age of 18.
• Time limitations: There is no prosecution for an offense committed by a person while still a minor, if one year or more has passed since the offense, unless approved by the Chief Military Prosecutor. In the case of security offenses, this statute of limitations is extended to two years.
• Specialized hearings: As in Israel, minors in the territories will not stand trial along with an adult, unless with the consent of the Chief Military Prosecutor. In addition, the juvenile court will not hold trials at a place or time where the adults are also being tried, so that at no point do minors come into contact with adult defendants.
• Parental status: As with the law on interrogating Israeli minors, the order states that parents or an adult family member must be notified when a minor in the territories is arrested or questioned. Furthermore, during a minor's trial, the parents can demand to be present at every hearing, submit requests to the court in his or her place, examine witnesses, and present arguments either alongside minor or in his or her place.
• Detention period: Reducing the gaps in the period of detention for under-14s in Israel and the territories. Minors will only be held in custody for 24 hours before seeing a judge, as opposed to the currently permitted period of eight days.
• Detention conditions: Further to an arrest, the order states a minor can only be held in a detention facility with a wing that does contain not adults. The minor may also be held in a police station, but only on condition that he or she has no contact with detainees who are not minors.
• Rights during investigation: The order states that the minor must be notified before any investigation of his right to counsel in private. The message should be delivered in language understood by the minor, taking into account his or her age and maturity level. Furthermore, if the minor has the name of a lawyer, investigators must inform him or her of the arrest.
• Appointment of counsel: The order empowers the military court to appoint counsel if the benefits to the minor justify such a move.
http://www.ynetnews.com/articles/0,7340,L-4599755,00.html
Contrast this situation with the report by the Institute for Palestine Studies (which describes itself as a private, nonprofit research institution located in Beirut, Ramallah and Washington) documenting that Hamas used child labor to build the tunnels from which they planned terror attacks on Israeli citizens.
The report cited Hamas officials who said that "at least 160 children have been killed in tunnels" and stated that "nothing was done to impede the use of children in the tunnels, where, much as in Victorian coal mines, they are prized for their nimble bodies".
Here are the top five ways that Hamas is using civilians to shield itself against Israel – and then exploiting their bodies in the press when Israel fights against Hamas terror:
Placing Rockets In Schools. UNRWA admitting to finding Hamas rockets in two of their schools. UNRWA confiscated the rockets – and then turned those rockets over to Hamas. That prompted Israeli Foreign Minister Avigdor Lieberman to blast UN chief Ban Ki Moon, stating, “UNRWA schools were established to educate children in Gaza, but instead they are providing a hiding place for rockets meant to kill children in Israel.”
Using Hospitals to Hide Rockets. In 2008, Hamas Prime Minister Ismail Haniyeh used a hospital for his command center.
Shuttling Terrorists in Ambulances. Hamas has used ambulances as cover for firing on Israeli targets and for transportation.
Hiding Rockets in Mosques, Playgrounds, and Cemeteries. The IDF has released photographs showing Hamas placing weapons in and around places of worship, children’s playgrounds, and burial spots. And, of course, Hamas is shooting from within civilian homes.
Using Babies and Women As Human Shields. According to reports from parents of IDF soldiers, “soldiers have repeatedly seen young children in Sheijaya, Gaza be sent out into the streets with guns to try to attack IDF troops. One parent reported that terrorists had run at IDF soldiers with a gun in one hand and a baby in the other, apparently in hopes that the soldiers would see the child and hold their fire. If soldiers fired, the parent added, the child’s death could be used as propaganda against Israel.” Hamas is also reportedly smuggling weapons in baby blankets.
• Judges: The sentencing of a minor will take place in a military juvenile court before a single youth judge or panel where the presiding judge is a youth judge. Youth judges in the territories will receive necessary training (several judges have already been trained as juvenile judges).
• Defendants: The difference in prosecutions between Israeli and Palestinian minors so far in the territories stems primarily from the varying definitions of who is a minor. Under Israeli law, a minor is a person younger than 18, while the law in the territories defined a minor as someone under the age of 16. As a result, 17-year-old boys, for example, were tried as adults. In its recommendations, the commission called for Palestinian youths to be considered minors until the age of 18.
• Time limitations: There is no prosecution for an offense committed by a person while still a minor, if one year or more has passed since the offense, unless approved by the Chief Military Prosecutor. In the case of security offenses, this statute of limitations is extended to two years.
• Specialized hearings: As in Israel, minors in the territories will not stand trial along with an adult, unless with the consent of the Chief Military Prosecutor. In addition, the juvenile court will not hold trials at a place or time where the adults are also being tried, so that at no point do minors come into contact with adult defendants.
• Parental status: As with the law on interrogating Israeli minors, the order states that parents or an adult family member must be notified when a minor in the territories is arrested or questioned. Furthermore, during a minor's trial, the parents can demand to be present at every hearing, submit requests to the court in his or her place, examine witnesses, and present arguments either alongside minor or in his or her place.
• Detention period: Reducing the gaps in the period of detention for under-14s in Israel and the territories. Minors will only be held in custody for 24 hours before seeing a judge, as opposed to the currently permitted period of eight days.
• Detention conditions: Further to an arrest, the order states a minor can only be held in a detention facility with a wing that does contain not adults. The minor may also be held in a police station, but only on condition that he or she has no contact with detainees who are not minors.
• Rights during investigation: The order states that the minor must be notified before any investigation of his right to counsel in private. The message should be delivered in language understood by the minor, taking into account his or her age and maturity level. Furthermore, if the minor has the name of a lawyer, investigators must inform him or her of the arrest.
• Appointment of counsel: The order empowers the military court to appoint counsel if the benefits to the minor justify such a move.
http://www.ynetnews.com/articles/0,7340,L-4599755,00.html
Contrast this situation with the report by the Institute for Palestine Studies (which describes itself as a private, nonprofit research institution located in Beirut, Ramallah and Washington) documenting that Hamas used child labor to build the tunnels from which they planned terror attacks on Israeli citizens.
The report cited Hamas officials who said that "at least 160 children have been killed in tunnels" and stated that "nothing was done to impede the use of children in the tunnels, where, much as in Victorian coal mines, they are prized for their nimble bodies".
Here are the top five ways that Hamas is using civilians to shield itself against Israel – and then exploiting their bodies in the press when Israel fights against Hamas terror:
Placing Rockets In Schools. UNRWA admitting to finding Hamas rockets in two of their schools. UNRWA confiscated the rockets – and then turned those rockets over to Hamas. That prompted Israeli Foreign Minister Avigdor Lieberman to blast UN chief Ban Ki Moon, stating, “UNRWA schools were established to educate children in Gaza, but instead they are providing a hiding place for rockets meant to kill children in Israel.”
Using Hospitals to Hide Rockets. In 2008, Hamas Prime Minister Ismail Haniyeh used a hospital for his command center.
Shuttling Terrorists in Ambulances. Hamas has used ambulances as cover for firing on Israeli targets and for transportation.
Hiding Rockets in Mosques, Playgrounds, and Cemeteries. The IDF has released photographs showing Hamas placing weapons in and around places of worship, children’s playgrounds, and burial spots. And, of course, Hamas is shooting from within civilian homes.
Using Babies and Women As Human Shields. According to reports from parents of IDF soldiers, “soldiers have repeatedly seen young children in Sheijaya, Gaza be sent out into the streets with guns to try to attack IDF troops. One parent reported that terrorists had run at IDF soldiers with a gun in one hand and a baby in the other, apparently in hopes that the soldiers would see the child and hold their fire. If soldiers fired, the parent added, the child’s death could be used as propaganda against Israel.” Hamas is also reportedly smuggling weapons in baby blankets.
