Arrest and Detention of Palestinian Minors under Israeli Authority
Arrest and detention of Palestinian minors by Israel primarily refers to the arrest and detention of Palestinian children and teenagers by Israeli security forces in the West Bank and East Jerusalem. This issue has been documented by various human rights organizations, including UNICEF, Human Rights Watch, Amnesty International, and B'Tselem. These organizations report that hundreds of Palestinian minors are arrested each year, often during night raids, and prosecuted in Israeli military courts.[1][2]
Over the past two decades, approximately 10,000 Palestinian children have been held in Israeli military detention facilities.[3] According to reports, Israel prosecutes between 500 and 700 Palestinian children in military courts annually.[4][5]
As of the end of June 2025, the Israel Prison Service (IPS) was holding 359 Palestinian minors in detention or imprisonment for various reasons, in addition to 115 children detained for residing in Israel.[2] The children are held in Megiddo, Tel Mond, and Ramleh. Megiddo is under Israeli military administration, while the other two are managed by the Israel Prison Service.[6] Palestinian minors are typically charged with throwing stones, an offense that carries a maximum sentence of 10 to 20 years, depending on the specific circumstances.[7]
Background
The Israeli military operates a separate legal system in the West Bank, where Palestinian minors are subject to military law, while the civilian legal system governs Israeli settlers. Under international law, particularly the Convention on the Rights of the Child and the Fourth Geneva Convention, detained children are entitled to special protection. Human rights organizations argue that Israel’s practices violate these norms, while Israeli officials assert compliance with both domestic and international legal standards.[8]
International law prohibits the use of torture and other cruel, inhuman, or degrading treatment or punishment under any circumstances. This prohibition, enshrined in the Convention on the Rights of the Child (Article 37) and the Convention against Torture—both ratified by Israel in 1991—applies equally to all detained minors, regardless of security considerations.[1]
Under international human rights law, including Article 37(b) of the Convention on the Rights of the Child, the detention of minors should be used only as a measure of last resort and for the shortest appropriate period. Additionally, suitable alternatives to detention must be made available.[9][10]
Legal framework
The Israeli military detention of Palestinian minors in the West Bank is primarily governed by a series of military orders and the military court system established under the military administration that has been in place in the occupied territory since 1967. Military Order 1651 (2010) consolidates several previous orders and establishes the principal offenses, procedures, and penalties applied in military courts. It serves as the primary legal instrument for prosecuting Palestinians, including minors, under military law. Under Military Order 1651, the minimum age of criminal responsibility is 12.[11] The order distinguishes age categories for sentencing: children aged 12 to 13 are treated as juveniles, with a maximum custodial sentence of six months; 14- to 15-year-olds face higher maximum penalties, with some offenses carrying maximum sentences of 10 or 20 years; while persons aged 16 and over are treated as adults for sentencing purposes.[12]
In September 2009, Israel established a military juvenile court in the West Bank in response to criticism regarding the prosecution of minors in adult military courts. According to UNICEF, this was the first and only juvenile military court in operation worldwide. However, it shared facilities and staff with adult courts, and minors as young as 12 could still be tried before adult judges in certain cases.[11] Several later military orders modified procedural time limits and other practices. For example, Military Order 1685 (2012) reduced the maximum period before judicial review from eight to four days, and subsequent orders introduced further reductions for bringing children before a judge. However, UNICEF noted that these changes did not fully comply with international juvenile justice standards, which recommend judicial review within 24 hours and include other specific safeguards.[13]
Arrest and detention of minors
Most documented arrests occur during night raids in Palestinian towns and villages.[9] According to multiple reports, Children are often taken from their homes and transported to interrogation centers without the presence of their parents or legal counsel.[4][14]
Palestinian minors in Israeli custody may be held at military bases or detention centers for interrogation, pretrial detention, or prior to appearing in military courts. Reports of the ill-treatment of Palestinian minors in Israeli military detention have been documented for many years by international and Israeli lawyers, human rights organizations, and UN treaty bodies such as the Committee on the Rights of the Child and the Committee Against Torture.[1] According to Save the Children, Palestinian children are the only children in the world who are systematically tried in military courts.[15]
According to a Save the Children report published in July 2023 and findings by Defense for Children International – Palestine (DCIP), Palestinian children detained by Israeli forces have consistently faced severe physical and psychological abuse. Testimonies collected between 2013 and 2018 from 739 detained children indicate that 73% experienced physical violence following arrest, 95% were hand-tied, 86% were blindfolded, and nearly half were detained from their homes in the middle of the night. Many reported verbal abuse, intimidation, and interrogation without a parent or lawyer present. Similarly, Save the Children found that 86% of detained children were beaten, and 69% were subjected to strip searches even before October 7, 2023.[15][8][16]
Golani Brigade soldiers and Palestinian schoolgirls at a checkpoint in Tel Rumeida.
According to the UN report, detained Palestinian women and girls have been subjected to various forms of sexual harassment, including being stripped and searched by male Israeli forces. Additionally, at least two cases of rape have been reported.[15]
Following an initial court appearance, minors are transferred to prisons where they await sentencing or serve their sentence. Military Court Watch reported a conviction rate of 95% in military courts.[17][18]
Statistics
According to UNICEF, approximately 700 Palestinian children aged 12 to 17 are arrested, interrogated, and detained each year by the Israeli army, police, and security agents, totaling an estimated 7,000 children over ten years (2003–2013). The report concluded that the ill-treatment of children within the military detention system appears to be widespread, systematic, and institutionalized.[19]
This table presents the average number of Palestinian children and adolescents aged 12 to 17 detained by Israeli military authorities between 2008 and 2024.[21]
↑ "Convention on the Rights of the Child – Article 37". Office of the United Nations High Commissioner for Human Rights (OHCHR). United Nations. Retrieved 12 November 2025. No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time
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