The Detention of Palestinian Children: Israel's Dual System of Law, Discrimination on an Ethnic-National Basis and Child Rights Violations - East Jerusalem as a Case Study رسالة ماجستير

Abstract

Part and parcel of the protracted conflict in Palestine, is the unresolved situation of East Jerusalem. The rights of Palestinians are violated; the coping mechanisms of families are weakened by the closure regime, the ethnic identification system, and the daily deprivation of basic human rights and needs. Palestinian children in East Jerusalem are subject to conflict-related violence, as they encounter the Israeli Forces and are taken into Israeli military detention. Palestinians residing in East Jerusalem, like other Palestinians in the occupied Palestinian territory, are protected as defined in the Fourth Geneva Convention of 1949, a major cornerstone of international humanitarian law and primary legal reference for Israeli occupation; specifically articles 4 and 271. These stipulate that Palestinians in East Jerusalem are entitled, in all circumstances, to respect of their human dignity and must at all times be humanly treated and protected especially against acts of violence or threats thereof. 1 GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR OF 12 AUGUST 1949; PART I, General Provisions, Article 4 reads: “Persons protected by the Convention are those who at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of persons a Party to the conflict or Occupying Power of which they are not nationals. Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are. The provisions of Part II are, however, wider in application, as defined in Article 13. Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, or by the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, shall not be considered as protected persons within the meaning of the present Convention.” PART III STATUS AND TREATMENT OF PROTECTED PERSONS, SECTION I PROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES TO THE CONFLICT AND TO OCCUPIED TERRITORIES; Article 27 reads: “Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity. Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault. Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion. However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war.” viii They are also entitled to protection of their rights under international human rights law, including the special protections afforded to children. Israel is the primary duty bearer responsible for providing this protection and for generally ensuring the welfare of the Palestinian residents of East Jerusalem. The objective of the study is to show the impact of the protracted Israeli occupation in East Jerusalem on Palestinian children living in the city. The study will shed light on the Israeli military detention of Palestinian children, analyze the circumstances of arrest and detention, highlight the effects of detention on children’s development and well-being; and investigate how the issue is reflected at higher state levels or parties involved for resolution.