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Why are there so many Palestinian children in Israeli prisons?

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Why are there so many Palestinian children in Israeli prisons?

At least 23 Palestinian child prisoners have been released by Israel as part of the ceasefire deal, bringing into focus Israel’s systematic prosecution of Palestinian children in military courts.

At least 290 Palestinian prisoners have been released in two batches since the Hamas-Israel ceasefire came into effect on January 19, ending 15 months of nonstop Israeli bombardment of Gaza.

According to Adameer Prisoner Support and Human Rights Association, a rights group based in the occupied West Bank, 320 children were being held in Israeli prisons before the latest prisoner exchanges.

So, what do we know about Palestinian child prisoners and why are they tried in military courts?

(Al Jazeera)

What do we know about Palestinian child prisoners in Israel?

In 2016, Israel introduced a new law allowing children between the ages of 12 and 14 to be held criminally responsible, meaning they could be tried in court as adults and be given prison sentences. Previously, only those 14 or older could be sentenced to prison. Prison sentences cannot begin until the child reaches the age of 14, however [PDF].

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This new law, which was passed on August 2, 2016 by the Israeli Knesset, enables Israeli authorities “to imprison a minor convicted of serious crimes such as murder, attempted murder or manslaughter even if he or she is under the age of 14”, according to a Knesset statement at the time the law was introduced.

This change was made after Ahmed Manasra was arrested in 2015 in occupied East Jerusalem at the age of 13. He was charged with attempted murder and sentenced to 12 years in prison after the new law had come into effect and, crucially, after his 14th birthday. Later, his sentence was commuted to nine years on appeal.

An estimated 10,000 Palestinian children have been held in Israeli military detention over the past 20 years, according to the NGO Save the Children.

Reasons for the arrest of children range from stone-throwing to participation in a gathering of merely 10 people without a permit, on any issue “that could be construed as political”.

Under what law are children detained by Israel?

Controversially, Palestinian prisoners are tried and sentenced in military rather than civil courts.

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International law permits Israel to use military courts in the territory that it occupies.

A dual legal system exists in Palestine, under which Israeli settlers living in the occupied West Bank and East Jerusalem are subject to Israeli civil law while Palestinians are subject to Israeli military law in courts run by Israeli soldiers and officers.

This means that a large number of Palestinians are imprisoned without basic due process.

“Israeli authorities, however, regularly arrest Palestinian children during nighttime raids, interrogate them without a guardian present, hold them for longer periods before bringing them before a judge and hold those as young as 12 in lengthy pretrial detention,” Omar Shakir, the Israel and Palestine Director at Human Rights Watch, wrote in November 2023.

Nearly three-quarters of Palestinian children in the occupied West Bank were kept in custody until the end of proceedings, compared with less than 20 percent for Israeli children, according to the Association for Civil Rights in Israel’s report from 2017.

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HaMoked, a human rights NGO assisting Palestinians subjected to human rights violations under the Israeli occupation, said minors being held in prisons were allowed a 10-minute phone call to their families once every two weeks during 2020.

How many Palestinian prisoners released so far as part of the Israel-Hamas deal are children?

Israel released 200 Palestinian prisoners, 120 of them serving life sentences, from its jails on Saturday as part of the ceasefire deal.

Two of them were children, both 15 years old. The oldest prisoner, Muhammad al-Tous, was 69. He had spent 39 years in jail, having first been arrested in 1985 while fighting Israeli forces.

The swap on Saturday was the second exchange since a ceasefire came into effect on January 19. Three Israeli captives and 90 Palestinian prisoners (69 women and 21 children) were released in the first swap.

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Only eight of the 90 prisoners were arrested before October 7, 2023, when Hamas-led Palestinian groups carried out attacks in southern Israel. The attacks killed more than 1,100 people, saw about 250 taken captive and triggered Israel’s devastating war on Gaza.

Some Palestinian prisoners have been held in Israeli prisons for more than three decades.

Prominent Palestinian leader Marwan Barghouti – who was the co-founder of the Palestinian National Liberation Movement, also known as Fatah, the party that governs the West Bank – has been in prison for 22 years.

Tamer Qarmout, an associate professor at the Doha Institute for Graduate Studies, told Al Jazeera that the release of Palestinian prisoners is a “huge relief” for families, although it is happening under the “horrible realities of [the Israeli] occupation”.

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“These prisoners should have been released through a bigger deal that ends the conflict, that brings peace through negotiations, through ending occupation, but the harsh reality in Palestine is that as we talk, occupation continues,” Qarmout told Al Jazeera.

How many Palestinians are in Israeli prisons? Have they faced abuse while in custody?

As of Sunday, about 10,400 Palestinians from Gaza and the West Bank were in Israeli captivity, according to estimates from Addameer.

In the occupied Palestinian territory, one in every five Palestinians has been arrested and charged at some point. This rate is twice as high for Palestinian men as it is for women – two in every five men have been arrested and charged.

There are 19 prisons in Israel and one inside the occupied West Bank that hold Palestinian prisoners. Israel stopped allowing independent humanitarian organisations to visit Israeli prisons in October, so it is hard to know the numbers and conditions of people being held there.

Palestinian prisoners who have been released have reported being beaten, tortured and humiliated before and after the start of the war on Gaza on October 7.

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How many Palestinian prisoners are being held without charge?

About 3,376 Palestinians being held in Israel are under administrative detention, according to Addameer. An administrative detainee is someone held in prison without charge or trial.

Neither the administrative detainees, who include women and children, nor their lawyers are allowed to see the “secret evidence” that Israeli forces say forms the basis for their arrests. This practice has been in place against Palestinian detainees since the establishment of Israel in 1948.

These people have been arrested by the military for renewable periods of time, meaning the arrest duration is indefinite and could last for many years.

The administrative detainees include 41 children and 12 women, according to Addameer.

INTERACTIVE - Administrative detainees in Israeli prisons JAN 2025 copy-1737461172
(Al Jazeera)

What’s next?

Twenty-six other captives should be released in the ceasefire’s six-week first phase, along with hundreds more Palestinian prisoners. The next exchange is next Saturday.

Many hope the next phase will end the war that has displaced the vast majority of Gaza’s 2.3 million people and left hundreds of thousands at risk of famine. Talks start on February 3.

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A pardon for a price? How Donald Trump has reimagined presidential clemency

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A pardon for a price? How Donald Trump has reimagined presidential clemency

Limits to pardon powers

But there are limits to presidential clemency, and already, Trump has brushed against them.

In December, Trump announced that he would pardon Tina Peters, a former county clerk in Colorado who supported Trump’s false claims of voter fraud during the 2020 election.

Peters, however, was also convicted of state-level crimes, after she used her office to allow an unauthorised person to access her county’s election software.

A president may only pardon federal charges, not state ones. Peters continues to serve a nine-year prison sentence. Still, Trump has sought to pressure Colorado officials to release her.

“She did nothing wrong,” Trump posted on Truth Social. “If she is not released, I am going to take harsh measures!!!”

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While Trump has argued that presidents have the “complete power to pardon”, legal experts have repeatedly affirmed that clemency is not without bounds.

Pardons, for example, cannot be used to avoid impeachment or to undercut the Constitution, nor can they be used to absolve future crimes.

Still, the question remains how to enforce those limits — and whether new bulwarks should be created to prevent abuse.

Love points to the state pardon systems as models to emulate. Delaware, for example, has a Board of Pardons that hears petitions in public meetings and makes recommendations to the governor. More than half of the petitions are granted.

Like other successful clemency systems, Love said it offers public accountability.

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She measures that accountability by certain standards: “Can people see what’s going on? Do they know what the standards are, and is the decider a respected and responsible decision-maker?”

Trump’s sweeping actions, however, have prompted calls for presidential pardons to be limited or eliminated altogether.

Osler cautions against doing so: It would be a “permanent solution to a temporary problem”.

“If we constrain clemency, we’ll lose all the good things that come from it,” Osler said.

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More conflict in curling as Canadian women are accused of the same violation as men

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More conflict in curling as Canadian women are accused of the same violation as men

CORTINA D’AMPEZZO, Italy (AP) — Canada’s women’s curling team at the Milan Cortina Olympics was accused Saturday of the same violation that prompted an expletive-laden outburst from a Canadian men’s curler a day earlier.

The latest accusation in a controversy that has divided the curling community led to more tense moments on the ice at the Cortina Curling Center.

In the first end of the women’s game against Switzerland, which the Swiss ultimately won 8-7, officials called a foul, saying that skip Rachel Homan had touched her stone again after releasing it.

In curling, that’s known as “double-touching,” and it’s against the rules.

Swedish curler Oskar Eriksson accused Canada ’s Marc Kennedy of the same infraction during Canada’s 8-6 win in round-robin play late Friday. On the ice, Kennedy repeatedly used profanity while denying he broke any rules. Although video of his throw appeared to confirm the accusation, Kennedy maintained his innocence into Saturday and went so far as to accuse Sweden of having a “premeditated” plan.

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Though the Canadian women were not as fired up in response to the allegation of double-touching, they surely looked incredulous after the call.

“Like, absolutely not,” said Homan, who is known as one of the best skips in the world. “Zero-percent chance.”

Homan’s teammate, Emma Miskew, could be heard briefly engaging with an official on the sidelines, asking why video could not be used to review the call. The official explained that the team needed to trust the umpire. By rule, World Curling does not use video to review game play.

Before restarting the match, the Canadian women huddled with their coaches. Expletives could be heard from those in the circle, though it was not clear who uttered them.

After the game, Homan said she felt she’d been unfairly scrutinized because of the controversy on the men’s side.

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“I don’t understand the call. I’ll never understand it. We’ve never done that,” she said. “It has nothing to do with us.”

After an early win over Denmark, the Canadian women have lost their last three matches. They lost to the United States on Friday, the first time in Olympic history that the U.S. had beaten Canada in women’s curling.

Also in women’s action on Saturday, Sweden women beat Italy 8-6, Denmark beat Korea 6-3 and the U.S. beat Japan 7-4.

___

AP Olympics: https://apnews.com/hub/milan-cortina-2026-winter-olympics

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Global protests call for Iran regime change in major cities worldwide after bloody crackdown

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Global protests call for Iran regime change in major cities worldwide after bloody crackdown

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Anti-Iran regime protesters gathered in major cities across the globe on Saturday calling for a leadership change in the Global Day of Action Rally.

Over 250,000 protesters rallied in Munich, Germany on Saturday on the backdrop of the Munich Security Conference.

“With the number of participants recorded, this gathering is one of the largest rallies held in Munich in recent years,” the Munich Police reported in a press release. “The peaceful atmosphere is particularly noteworthy, despite the high number of participants in the meeting.”

IRAN REGIME REPORTEDLY ISSUED NATIONWIDE SHOOT-TO-KILL ORDERS AS PROTEST DEATH TOLL SURGES

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Crowds reportedly chanted “change, change, regime change” and “democracy for Iran” with green-white-and-red flags with lion and sun emblems waving in the air with a few “Make Iran Great Again” red hats spotted.

Exiled Iranian crown prince Reza Pahlavi was among the hundreds of thousands protesting, telling Reuters, a possible attack on Iran will either weaken the regime or accelerate its fall.

“Global Day of Action” protests were held in major cities across the globe on Saturday. (Patrick T. Fallon / AFP via Getty Images)

“It’s a matter of time. We are hoping that this attack will expedite the process and the people can be finally back in the streets and take it all the way to the ultimate regime’s downfall,” said Pahlavi.

He shared that he hopes President Trump will have the United States intervene and “have the people’s back.”

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UPROAR AFTER IRAN NAMED VICE-CHAIR OF UN BODY PROMOTING DEMOCRACY, WOMEN’S RIGHTS

On Friday, President Trump said regime change in Iran would be the “best thing” to happen while speaking to troops at Fort Bragg in North Carolina.

Senator Graham said anti-regime protesters should “keep protesting.” ( James Willoughby/SOPA Images/LightRocket via Getty Images)

“People are hoping that at some point the decision will be made that there’s no use, there’s no point, we’re not going to get anywhere with negotiations,” said Pahlavi. “”Intervention is a way to save lives.”

South Carolina Senator Lindsey Graham was present in Munich for the security conference and echoed a similar sentiment in a sideline interview on Friday.

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NIKKI HALEY URGES TRUMP TO MAKE IRAN ACTION A ‘LEGACY-DEFINING MOMENT’ BEFORE LEAVING OFFICE

“There’s no negotiating with these people, in my view. They’re hell-bent on enacting an agenda based on religion that teaches them to lie, teaches them to destroy in the name of God,” said Graham.

“There’s no negotiating with these people, in my view,” said Graham at a rally in Munich. (Hannes Magerstaedt/Getty Images)

He shared that the regime is the weakest they have been since 1979, adding, “it is a regime with American blood on its hand,” calling on protesters to “keep protesting.”

The senator also took the stage at the Global Day of Action speaking to the crowd and holding up a “Make Iran Great Again” black hat.

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Large demonstrations were also held in Toronto, Melbourne, Athens, Tokyo, London, and Los Angeles.

An estimated 350,000 people marched on the streets of Toronto, the city’s police spokesperson, Laura Brabant, told the Associated Press (AP).

Over 250,000 protesters rallied in Munich, Germany on Saturday on the backdrop of the Munich Security Conference. (Marijan Murat/picture alliance via Getty Images)

Iranian American activist and Beverly Hills plastic surgeon Dr. Sheila Nazarian told Fox News Digital the protests across the globe represent a universal truth. 

“When regimes silence their people, the people eventually find their voice. Whether in the streets of Tehran or in diaspora communities around the world,” she said.

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Nazarian left Iran when she was 6 years old along with her family.

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“As someone who came to this country from Iran, I know firsthand that these protests are not about politics, they’re about basic human dignity, women’s rights, and the fundamental freedom to live without fear,” she added. 

The Associated Press and Reuters contributed to this report.

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