Association for Civil Rights in Israel Position on The Youth Law (Adjudication, Penalizing and Manners of Treatment) (Amendment - Arrest and Incarceration for Terrorism Offenses) Bill 5783-2023
The bill in question seeks to allow remanding minors under the age of 14 in custody for the duration of legal proceedings and sentencing them to prison time if they are suspected or convicted of committing murder in terrorism-related circumstances or as part of activity in a terrorist organization. The proposed amendment to the Youth Law (Adjudication, Penalizing and Manners of Treatment) (Amendment - Arrest and Incarceration for Terrorism Offenses), 5783-2023 (hereinafter: the Youth Law or the Law) subverts the rationale of distinguishing between youths and adults suspected or convicted of breaking the law. It fails to consider the special characteristics of minors who have recently reached the age of criminal responsibility and the need to adapt legal and penal provisions to them. It contradicts the principles of the 1989 UN Convention on the Rights of the Child, to which Israel is committed, and the provisions of this Convention, which Israel ratified. It also runs counter to prevailing trends on juvenile justice in developed countries, including with respect to minors involved in terrorism. It is entirely unjustifiable.
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