Arbitrary by Default – Palestinian Children in the Israeli Military Court System

The report ‘Arbitrary by Default: Palestinian children in the Israeli military court system’ by Defence for Children International - Palestine (DCIP) highlights the systemic violation of fair trial rights in the arrest, detention, and prosecution of Palestinian children by Israeli occupation forces. It exposes how arbitrary detention has become the default practice, with 85.5% of detained children unaware of why they were arrested and nearly all being denied the presence of a parent during interrogation. Physical violence and the absence of legal representation are prevalent, and Israeli military courts, composed of military personnel, lack independence and impartiality, leading to widespread injustice.

The report emphasizes that the Israeli military court system consistently fails to meet international standards for a fair trial, denying Palestinian children basic protections guaranteed by international law. The detention and prosecution of children, often without arrest warrants or clear justification, constitute arbitrary detention and violate international norms. Despite Israel’s ratification of key human rights treaties, it remains the only country that automatically prosecutes children in military courts, perpetuating a system of control rather than justice.