UN Committee condemns Israel’s violation of children’s rights in Occupied Palestinian territories

The UN Child Rights Committee (CRC) condemned Israel’s violation of rights protected by the Convention on the Rights of the Child (UNCRC) on Thursday, citing Israel’s “indiscriminate and disproportionate attacks” which have killed, injured and orphaned high numbers of Palestinian children.

According to customary international humanitarian law, children affected by armed conflict are entitled to special respect and protection. In practice these rules are applicable in both international and internal armed conflicts. Israel denies these legal obligations based on the argument that these humanitarian laws do not apply in Gaza and the West Bank and asserts that the CRC has a “politically-driven agenda,” according to a government statement quoted by Reuters.

UNCRC is a widely adopted treaty that protects children from violence and other abuses, which was ratified by Israel in 1991.

In its report, the CRC aligned its position with that of the International Court of Justice, reiterating that the UNCRC always applies to all children and is directly applicable in all territories over which Israel exercises effective control. It pointed out that Israel’s denial of the application of the Convention cannot justify its grave and persistent violations of international human rights, and reminded the State party of its legal obligations under the international humanitarian law concerning children in the Occupied Palestinian Territories.

The CRC expressed the concern to the negative impact of Israel’s military presence and occupational policies and practices on the safety, well-being and rights of Palestinian children to housing, an adequate standard of living, food, water, sanitation and health care. It strongly condemned the attacks against civilian targets in the Gaza Strip.

The CRC was also deeply concerned about the continued abduction, arbitrary arrest, and prolonged detention of large numbers of Palestinian children by Israeli forces, mostly without charge, trial, access to legal representation or contact with family members. It urged Israel to immediately end the arbitrary and administrative detention of children, to release all Palestinian children who have been arbitrarily detained and to abolish the institutionalized system of detention and the use of torture and ill-treatment against children through all stages of the judicial procedure.

At the end of the report, CRC urged Israel to cease its military raids and attacks, prevent incidents of the excessive use of force and advocated for compliance with international human rights legal standards during security operations in the West Bank.

Ismail Thawabteh, the head of Gaza’s government media office stated to Anadolu Agency, that at least 16,480 Palestinian children have been killed in Israeli attacks in the Gaza Strip since 7 Oct, 2023 with more than 17,000 children losing at least one parent. British aid group Save the Children estimates that at least 17,000 children are unaccompanied and approximately 4,000 children are likely missing under rubble, although it is impossible to give an accurate estimate given the present situation in Gaza.

In April, UN experts called on all parties to respect international humanitarian law and international human rights law, stressing that “we owe it to the children of Gaza to uphold their right to education and pave the way for a more peaceful and just future”. In May, UN experts condemned the continued violence committed against Palestinian women and children in Gaza. Likewise, UN Secretary-General António Guterres stated in a report that the hostilities in the region resulted in a 155 percent increase in violations of international law against children.

The CRC is a body of 18 independent experts that monitors implementation of the 1989 UNCRC.