Torture, ill-treatment and transfer (2013-2023)
[29 November 2023] – Today, MCW released a report relating to the torture and/or ill treatment of Palestinian children held in Israeli military detention and their unlawful transfer from the occupied West Bank. The report is based on 1,100 testimonies collected from children detained between January 2013 and June 2023. The report also relies on, inter alia, testimonies from 40 parents of detained children, 62 former Israeli soldiers and data from the Israel Prison Service (IPS).
The issues raised in the report fall into three general categories:
- The widespread and systematic use of torture and/or ill treatment of Palestinian children detained by Israeli forces in the occupied West Bank;
- The widespread and systematic use of solitary confinement of Palestinian children detained by Israeli forces in the occupied West Bank as part of their interrogation amounting to torture and/or ill-treatment; and
- The widespread and systematic unlawful transfer of population groups, in and out of the occupied West Bank, with a direct connection to points 1 and 2 above, namely:
- The unlawful transfer of Palestinian child detainees from the occupied West Bank and their detention in interrogation centres and prisons located inside Israel and, in some cases, their subsequent torture and/or ill-treatment; and
- The unlawful transfer of Israeli civilians into settlements in the occupied West Bank leading to the extensive incarceration of the Palestinian civilian population, including children, who reside in the immediate vicinity of these settlements.
- The unlawful transfer of Palestinian child detainees from the occupied West Bank and their detention in interrogation centres and prisons located inside Israel and, in some cases, their subsequent torture and/or ill-treatment; and
It is important to note that the evidence included in this submission represents just a sample of the total number of children affected by 56 years of military occupation. Based on this sample, it is possible to conclude that:
- Since June 1967, up to 37,000 children have been subjected to physical violence at some point following their arrest in violation of the UN Convention against Torture;
- Between 2020-2022, up to 300 children have been subjected to solitary confinement as part of their interrogation in violation of the UN Convention against Torture;
- Since June 1967, up to 32,000 children have been unlawfully transferred out of the occupied West Bank to prisons inside Israel in violation of the Fourth Geneva Convention. The Office of the Prosecutor of the ICC has been in possession of this evidence since 16 March 2015. Since 16 March 2015, it is estimated that up to 3,800 children have been unlawfully transferred;
- Since June 1967, up to 500,000 Israeli civilians have moved into settlements in the occupied West Bank (not including occupied East Jerusalem) in violation of the Fourth Geneva Convention and UN Security Council resolutions with devastating consequences for nearby Palestinian communities. Evidence included in the report indicates that up to 98 percent of Palestinian children detained by the Israeli military in the occupied West Bank live within several kilometers of these illegal settlements or related infrastructure, such as roads; and
- There are no domestic legal remedies and the international "rules-based order" is failing.
For too long, too many have conducted foreign policy as though the rules-based order were a smorgasbord, where rights and obligations can be selected on whim, depending on current political or strategic considerations. Whilst possibly convenient in the short-term, this approach undermines the foundations of the rules-based order and virtually guarantees its demise. Failure to apply the rules, to all sides in the conflict without fear or favour, has created ambiguity, providing encouragement to anyone wishing to roll the dice and challenge the prohibitions against annexation of territory and the transfer of civilians. Meanwhile, a lack of leadership, political horizon and legal accountability has created an environment in the region in which democracy is in retreat and murderous extremism is flourishing.
Report:
Supporting evidence
Annexure A 981 testimonies of children subjected to torture and/or ill treatment (2013-2023)
Annexure B 108 testimonies of children subjected to solitary confinement (2013-2023)
Annexure C 40 testimonies of mothers of detained children (2013-2023)
Annexure D 62 testimonies of former soldiers (2004-2018)
Annexure E Israeli military information sheet - Ofer Military Court (September 2022)
Annexure F Children in Military Custody - Report (2012) - Update on recommendations
Annexure G UNICEF Report (2013) - Update on recommendations
Annexure H Summons (6 August 2019)
Annexure I Notification of Arrest Form (23 March 2022)
Annexure J GSS/ISA Rights in Custody Form
Annexure K Schedule of Solidarity Confinement Cases (2013-2023)
Annexure L Israeli Prison Service data - Unlawful Transfer of Protected Persons (2013-2023)
Annexure M High Court of Israel - Yesh Din Case - Transfer or Protected Persons (2010)
Annexure N UN Security Council Resolution 2334 (23 December 2016)
Annexure O Internal Legal Advice to Israel's Ministry of Foreign Affairs (18 September 1967)