CHILDREN'S RIGHTS WITHIN ISRAELI JURISDICTION THE CASE OF PALESTINIAN CHILDREN IN THE OCCUPIED PALESTINIAN TERRITORIES

In: The Palestine Yearbook of International Law Online
Author: Usama Halabi1
View More View Less
  • 1 Senior Lawyer, the Quaker Legal Aid and Information Center, Jerusalem. LL.B., Hebrew University, 1982; LL.M., Hebrew University, 1987; LL.M., American University, 1991.

Purchase instant access (PDF download and unlimited online access):

€29.95$34.95
  • 1. The Convention was adopted by the U.N. General Assembly at New York on November 28, 1989. For the text of the Convention, see 28 Int'l Leg. Mat. 1448 (1989). 2. See infra, at 141.

  • 3. For a useful discussion of the applicability of the Convention to the Occupied Territories, see: Mallison & Mallison, The Palestine Problem in Internarional Law and World Order 240, 252-258 (1986); von Glahn, Law Among Nations, 682- 688, 692-694 (5th ed., 1986); Farer, Israel's Unlawful Occupation, Foreign Policy, no.82 (Spring, 1991), at 37; Falk & Weston, The Relevance of International Law to Palestinian Rights in the West Bank and Gaza: In Legal Defense of the Intifada, 32 Harv. Int'l L.J. 129, 138-150 (1991). 4. The Covenant was adopted by the U.N. General Assembly Resolution 2200 A(XXI) of December 16, 1966. The Covenant entered into force on March 23, 1976, and was ratified by Israel on September 4, 1991 with two reservations. [For these reservations, see infra, at 138. Ed.] 5. Convention for Human Rights and Fundamental Freedoms, Nov. 4 1950, 213 U.N.T.S 222.

  • 6. Cyprus vs Turkey, App. No. 8007/77,1978 Y.B. Eur. Conv. on Hum. Rts. 100,132 (Eur. Comm'n on Hum. Rts.), 62 Int'l L. Rep. 4, at 75 (1982). 7. Roberts, What is a Military Occupation? 55 Brit. Y.B. Int'l L., at 249 and 287 (1985). 8. For a useful and more detailed discussion, see Whittome, The Right To Unite (Occasional Paper No. 8, Al-Haq, 1990) 2-3. (hereinafter "The Right To Unite"). [This report is reproduced infra, at 235. Ed.]

  • 9. Shuqair, The Israeli Policy Concerning Family Reunification, (Al-Fiaq, 1990) at 6 (hereinafter "Shuqair"). See also The Right to Unite, at 4. 10. Diehl, Non Resident Palestinians Forced Out, Washington Post, Jan. 30, 1990, at Al. 11. Shuqair, at 6. 12. The writer possesses a photocopy of this document. 13. Id. 14. This information was released by Al-Fiaq in May 1991, in a press conference announcing the start of an international campaign calling on the international community to claim and affirm the natural right of Palestinians to be reunited with their families.

  • 15. The agreement was reached in H.C. 1979/90 Awashra et al. vs The Israeli Military Commander in the West Bank (not published) and extended in H.C. 4494/91. 16. See Hadashot, April 9, 1990, quoting Col. Ben-Ari of the Civil Administration. 17. Proclamations, Orders and Appointments of the Israeli Defence Forces in the West Bank Area (POA-WB), March 23, 1969, at 609. This order has been amended twenty two times, the most recent of which at this writing was by Order No. 1278 of June 15, 1989. 18. This order is the seventeenth amendment to Order No. 297. It was issued on September 13, 1987.

  • 19. See above notes 9-11 and accompanying text. 20. According to the Al-Haq survey, in 55.9% of the cases husbands applied for family reunification for their wives. In addition, most of the cases concerning family reunification submitted to the Israeli High Court of Justice involved Palestinian husbands, whose reunification applications for their wives were denied. Shuqair, at 13, states that 74% of the cases concerning family reunification involve husbands applying for family reunion for their wives. 21. See the text of H.M. King Hussein's statement in 4 Pal. Y.B. Int'l L. 297 (1987/ 88). ). 22. See the Jordanian judgment infra, at 68. Ed. 23. East Jerusalem is considered from an Israeli point of view as part of Israel and not of the Occupied Territories. After Israel's annexation, Jerusalem Palestinians were not given Israeli citizenship but only LD.s and seen as permanent residents. For more details see Halabi, Jerusalem: Effects of Israel's Annexation of Jerusalem on the Rights and Position of its Arab Population (1990, in Arabic) at 51-52.

  • 24. Published in Kovitz Ha-Takanot, no. 3201, at 1514 (1974). 25. This information is based on personal knowledge of the present writer as a lawyer who has represented many Jerusalemite mothers married to West Bankers who have asked to register their children in the Israeli Population Registry Department. 26. This information is based on a personal experience of the present writer as a lawyer who, together with his colleagues at the Quaker Legal Aid and Information Center, has handled several cases of this type.

  • 27. The Right to Return of the Palestinian People, a study prepared for the Committee on the Exercise of the Inalienable Rights of the Palestinian People ST/SG/SER.F/2 (U.N. Publications, N.Y. 1978). 28. Convention Respecting the Laws and Customs of War on Land, October 18, 1907, Annex: Regulations Respecting the Laws and Customs of War on Land, 36 Stat. 2277, T.S. No. 539.

  • 29. Art. 1 of the Convention on the Rights of the Child. 30. Israeli Penal Code of 1977, Art. 13, Laws of the State of Israel, 1977 (Special Volume). See also Art. 4 of Military Order Concerning Rules of Responsibility for Offences (West Bank) (No. 225) 12 POA-WB, June 16, 1968, at 467. 31. See Arts. 51-53 of the Israeli Criminal Procedural Act of 1982, 36 Laws of the State of Israel, at 43 (1982) (hereinafter "C.P. Act"). 32. See Art. 54 of the C.P. Act.

  • 33. See the Israeli Youth (Trial Punishment and Modes of Treatment) Law of 1971, Art. 10. 25 Laws of the State of Israel, at 134 (1971) (hereinafter "Israeli Youth Law"). 34. See Art. 78(a) of Military Order Concerning Security Instructions (West Bank) (No.378), 21 POA-WB, Apr. 22, 1970, at 733. 35. See Israeli Youth Law, Art. 10(4). 36. See Military Order No. 378, Art. 78c. 37. See Israeli Youth Law, Art. 12. 38. Id. Art. 25(d). 39. Id. Art. 25(b).

  • 40. See Art. 4 of the Military Order Concerning the Jurisdiction over Juveniles (The West Bank) (No. 132), 7 POA-WB, Dec. 10, 1967. 41. Id., Art. 5, at 283. 42. Israeli Youth Law, Arts. 1-3.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 85 27 2
Full Text Views 58 2 0
PDF Views & Downloads 4 3 0