The recent release of 23 Palestinian child prisoners as part of a ceasefire deal has brought renewed attention to Israel’s long-standing practice of detaining Palestinian minors. With hundreds of children having faced prosecution in Israeli military courts, the issue raises serious concerns about justice, human rights, and the treatment of minors under military occupation.

The Legal System: A Dual Standard

Palestinian children are prosecuted under Israel’s military court system, while Israeli settlers in the occupied West Bank are subject to Israeli civil law. This legal disparity means that Palestinian minors face significantly harsher conditions, longer detentions, and fewer legal protections compared to their Israeli counterparts.

In 2016, Israel lowered the age at which Palestinian children can be held criminally responsible, allowing those as young as 12 to be tried in military courts. While prison sentences cannot begin until the child turns 14, the new law enables Israeli authorities to detain minors for prolonged periods.

One of the most notable cases is that of Ahmed Manasra, who was arrested in 2015 at the age of 13 and sentenced to 12 years in prison under the revised law. His case set a precedent for the prosecution of minors under military law.

Why Are Palestinian Children Arrested?

Over the past two decades, more than 10,000 Palestinian children have been detained by Israel, according to Save the Children. Their charges range from stone-throwing—which can carry a prison sentence of several years—to simply participating in public gatherings deemed "political" by Israeli authorities.

Israel’s military law allows for the detention of individuals under administrative detention, meaning they can be held without charge or trial for indefinite periods. As of early 2024, 41 children are being held under administrative detention.

Lack of Due Process and Reports of Abuse

Palestinian children often experience severe violations of due process rights during their arrests and detentions. Reports indicate that many are:

• Arrested during nighttime military raids, often in violent encounters.

• Interrogated without a lawyer or guardian present.

• Denied access to their families.

• Held in pretrial detention for prolonged periods.

According to a 2017 report by the Association for Civil Rights in Israel, 74% of Palestinian children in the occupied West Bank remain in custody until the end of legal proceedings, compared to less than 20% of Israeli minors.

Human rights groups have also documented reports of beatings, mistreatment, and psychological abuse against Palestinian child detainees. Since October 7, 2023, Israel has banned independent humanitarian organizations from visiting its prisons, making it difficult to assess conditions inside detention facilities.

Prisoner Releases and Ceasefire Negotiations

As part of a ceasefire deal between Israel and Hamas, Israel has released 23 Palestinian child prisoners out of an estimated 320 who were in custody before the agreement. The broader agreement has seen the release of over 290 Palestinian prisoners, with more expected in upcoming negotiations.

However, for many families and human rights organizations, the issue extends beyond prisoner exchanges. The detention of Palestinian minors is seen as part of a wider system of control under Israeli military occupation, raising ongoing questions about justice and accountability.

What Comes Next?

As negotiations continue, there is hope that further prisoner exchanges could help ease tensions. However, the root issues—military trials for children, administrative detention, and allegations of mistreatment—remain unresolved. Until a long-term solution is reached, the fate of hundreds of Palestinian children in Israeli prisons will continue to be a pressing human rights concern.