Why are there so many Palestinian children in Israeli prisons?

As part of a ceasefire agreement, Israel released at least 23 Palestinian child prisoners, once again raising concerns about Israel's systematic prosecution of Palestinian children in military courts. Since the ceasefire agreement between Hamas and Israel took effect on January 19, Israel has released at least 290 Palestinian prisoners in two batches, ending 15 months of continuous bombing of Gaza.

According to Adameer Prisoner Support and Human Rights Association, a human rights organization located in the occupied West Bank, there were 320 children held in Israeli prisons before the recent prisoner exchange. So, what do we know about Palestinian child prisoners? And why are they tried in military courts?

In 2016, Israel introduced a new law that allows children aged 12 to 14 to be held criminally responsible, meaning they can be tried in court and sentenced to imprisonment like adults. Previously, only children aged 14 or older could be sentenced. However, the prison sentence must not begin until the child turns 14. This new law, passed by the Israeli parliament on August 2, 2016, allows Israeli authorities to "impose imprisonment even on minors under the age of 14 who commit serious crimes such as murder, attempted murder, or manslaughter." It is estimated that approximately 10,000 Palestinian children have been subjected to Israeli military detention in the past 20 years.

Children are arrested for a variety of reasons, from throwing stones to participating in unlicensed gatherings of as few as 10 people, and any activity "that could be interpreted as political" can lead to arrest. Controversially, Palestinian prisoners are tried and sentenced in military courts rather than civilian courts. International law allows Israel to use military courts in its occupied territories. A dual legal system exists in Palestine, with Israeli settlers living in the occupied West Bank and East Jerusalem subject to Israeli civil law, while Palestinians are subject to Israeli military law in courts managed by Israeli soldiers and officers. This means that a large number of Palestinians are imprisoned without basic due process.

Omar Shakir, Israel and Palestine director at Human Rights Watch, wrote in November 2023: “However, Israeli authorities frequently arrest Palestinian children in night raids, interrogate them without a guardian present, detain them for extended periods before bringing them before a judge, and impose long-term detention on children as young as 12.” According to a 2017 report by the Association for Civil Rights in Israel, nearly three-quarters of Palestinian children in the occupied West Bank are detained until the end of proceedings, compared to less than 20% of Israeli children.

As part of the ceasefire agreement, Israel released 200 Palestinian prisoners from its prisons on Saturday, 120 of whom were serving life sentences. Two of them were 15-year-old children. The oldest prisoner, Mohammed Toos, 69, was arrested in 1985 while fighting Israeli forces and has spent 39 years in prison. Saturday’s exchange was the second since the ceasefire took effect on January 19. In the first exchange, 3 Israeli captives and 90 Palestinian prisoners (69 women and 21 children) were released.

Tamer Qarmout, an associate professor at the Doha Institute for Graduate Studies, told Al Jazeera that the release of Palestinian prisoners was a “huge relief” for families, although it happened under the “horrific reality of the (Israeli) occupation.” “These prisoners should have been released through a larger agreement that achieves peace through negotiations, through ending the occupation, and thus ending the conflict, but the grim reality in Palestine is that the occupation is still continuing as we speak,” Qarmout told Al Jazeera.

As of Sunday, according to Addameer’s estimates, approximately 10,400 Palestinians from Gaza and the West Bank are being held by Israel. In the occupied Palestinian territories, one in five Palestinians has been arrested and prosecuted at some point. For Palestinian men, this rate is twice as high as for women—two in five men have been arrested and prosecuted. There are 19 prisons within Israel and one prison within the occupied West Bank holding Palestinian prisoners. Israel stopped allowing independent charities to visit Israeli prisons in October, making it difficult to know the number and conditions of those held there.

Released Palestinian prisoners reported suffering beatings, torture, and humiliation both before and after the start of the Gaza war on October 7. According to Addameer, approximately 3,376 Palestinians held by Israel are under administrative detention. Administrative detention refers to people being held in prison without charge or trial. Administrative detainees, including women and children, and their lawyers are not allowed to see the "secret evidence" that Israeli forces claim forms the basis for their arrest. This practice has been used against Palestinian detainees since the establishment of Israel in 1948.

These individuals are arrested by the military for renewable terms, meaning the arrest period is indefinite and could last for years. According to Addameer, administrative detainees include 41 children and 12 women. In the first six-week phase of the ceasefire agreement, another 26 captives should be released, along with hundreds more Palestinian prisoners. The next exchange is scheduled for next Saturday. Many hope the next phase will end the war that has displaced the vast majority of Gaza's 2.3 million people and put hundreds of thousands at risk of famine. Talks are scheduled to begin on February 3.