Considering Rehabilitation of Minors Sentenced in Juvenile Military Courts - Initial Proposals and Thoughts for The Future
47 Pages Posted: 7 Oct 2020
Date Written: August 18, 2020
In 2009 the Juvenile Military court was established in the "West Bank" ("also: Judea and Samaria' or 'OPT'). Its establishment is the beginning of extensive reform in the rights of suspects and defendants that are minors in the West Bank (hereinafter: "the Region"). This reform was conducted in three stages and includes several fundamental changes regarding the procedural rights of minors in the Region. Among the new rights that were formally enacted in legislation is the separation of minor and adult trials; an obligation to notify the minor of his right to an attorney in a language that he understands; authorizing the court to appoint a defense attorney for a minor; and authorizing the court to request a report regarding treatment and rehabilitation options for the minor.
This article describes the new legislation regarding minors in military courts in the Region. It describes the historical, social, and legal, both Israeli and international, the context of these changes. In light of the data and the descriptive analysis, we point out a number of legal and practical problems in the Region, mainly the difficulty of rehabilitating minors that were convicted in juvenile military courts and the discrepancies between the situation in the Region and the international and Israeli standards regarding juvenile adjudication. We suggest a legal formula that balances between the minor’s interest and the safety of the Region as the basis of the public and legal discussion in this matter. With this formula in mind, we present a new legal outline, precedent in terms of military courts, that includes several suggestions that can help improve the rehabilitation of these minors.
Keywords: International law, Juvenile military courts, Israeli–Palestinian Conﬂict, Human rights law, Comparative and Foreign Law
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