KIDS NOT SOLDIERS
Battlefield experiences have a tendency to remain with us throughout our life. Nearly 20 years have passed and I still recall like it happened yesterday, the face of that small helpless Palestinian girl the combatant, her uncle, gripped in one hand. In his other hand, he was holding an automatic rifle, shooting at me and my unit. I do not know her name or what happened to her. What I do know is that she was a victim. A victim of tragic life circumstances. He was the relative of a wanted terrorist from Gaza. When my unit and I arrived to arrest his cousin, he left the house clutching the girl and firing at us. He knew that she was his only chance to escape.
This experience will surely stick with me, but it also tells a broader story and highlights a worrying phenomenon.
The Palestinian systematic and widespread use of children, as young as ten, to take an active part in hostilities against Israel has become an alarming reality. Innocent Palestinian children serve as human shields and fulfill a wide range of military duties. From supporting the home front to active participation in hostilities. Their involvement is dependent upon the current need and upon their maturity and set of skills.
The roots of this phenomenon of exploiting young children in combat are based on institutional and widespread indoctrination. A well-structured brainwashing system for toddlers, as young as three, prepares the ground for an effective and well-oiled mechanism of targeting, recruiting and training children. This mechanism is maintained by a scheme of financial incentives for the children and their families.
Behind this cynical exploitation of the weakest in society, stand prominent Palestinian leaders, who see human rights as irrelevant. They are the planners and the executers of this despicable strategy.
Creating an entire generation of children educated on the values of hatred and martyrdom will perpetuate the Israeli-Palestinian conflict. Long-standing incitement and assuring world fame for those who murder Israelis, will bring more and more children to choose a violent path and lower the motivation (which is not high anyway) to promote a peaceful solution to the Israeli-Palestinian conflict. This perverse education system is also shaping the future generations of Palestinian leadership.
A simple profit-loss analysis reveals that the only ones who profit from the use of children for militia purposes, is the Palestinian leadership, whether by increasing their fighting forces or for the purpose of creating false propaganda in the case of the unfortunate death of children.
Theoretically, the tools to fight the growing use of children for militia purposes, are available. Among them we find, progressive legal codifications and designated tribunals to prosecute those responsible. Along with intergovernmental organizations, civil society organizations and designated international conventions to address this issue. And yet, as long as the political motivation of those involved continues to blur the boundaries between good and evil, ignores the facts on the ground and refuses to acknowledge the existence of this phenomena propagated by Palestinian leadership, a prolonged struggle lies ahead.
As of today, unfortunate and surprising as it may sound, the United Nations International Children’s Emergency Fund (UNICEF) refuses to recognize the use of children by the Palestinian leadership as weapons of war. UNICEF simply shows no real commitment to put aside political interests and protect the real victims.
The international community must be the voice for Palestinian children. It must sharply and clearly condemn any use of children for combat purposes. UNICEF, for its part, must acknowledge and condemn the Palestinian leadership.
No one promised us that this struggle would be short or easy, but we see some positive signs coming from the direction of the International Criminal Court in The Hague (ICC). The fact that along with the ICC’s political and controversial determination to investigate Israelis, the ICC also expressed its intensions to investigate Hamas for criminal acts against the Palestinian civilian population; such as murder and torture, as well as using them as human shields, is a step in the right direction. I’m proud to say that the efforts of the Jerusalem Institute of Justice, succeeded to convince the ICC to accept the legal and evidentiary infrastructure we presented to it, calling for the investigation into Hamas’ war crimes and holding Palestinian leaders responsible.
This week, as we are observing Palestinian Child Soldiers week, we take the opportunity to raise awareness, stand in solidarity with Palestinian children and join the call on UNICEF to demand Hamas, Palestinian Islamic Jihad, PFLP and the PLO to operate in accordance with the 2007 Paris Principles and end the systemic indoctrination and use of Palestinian children in military efforts of any type.
Adv. Uri Morad
Dir. International Law & Public Diploma
Jerusalem Institute of Justice
Indoctrination – Lasting Effects on Children and Conflicts
Indoctrination as a concept can be divisive and problematic. To an extent it can be positive, as this allows for the creation of communities that share the same values, giving stability to the people of those groups. However, it can also be dangerous
To differentiate between the positive and negative sides of indoctrination, Tom Nachtigal’s definition[1] will be used. As such, in this context, indoctrination will be defined as “teaching with the intention of instilling certain beliefs and propositions among pupils, by disregarding evidence, reasoning, and logic in the teaching process”. More specifically, this article will focus on systematic indoctrination into hatred and violence and its lasting consequences.
As referred above, vulnerable groups such as children (which according to the Rome Statute are persons below 15 years old) are more sensitive to these influences, as their associated naivety makes them more likely to process information without questioning it.
The resulting consequence of indoctrination can be catastrophic. Children of all ages can suffer unimaginable amounts of pain simply by trusting the teachings of a wrong adult. And from all the possible horrors they could face, it is in becoming a soldier that this article will focus on. Throughout conflict areas in the world, from Colombia to the Philippines, children have been sought and used as tools for war.[2]
Such was the case with the Lord’s Resistance Army (LRA), the ultra-nationalist heterodox group that terrorized Uganda from the 1980’s. Currently dispersed between the borders of the DRC, Central African Republic and South Sudan, this group is known for abducting the majority of their top leaders while they were kids.
After weaponizing these children, they were then used to cause mayhem, killing and abducting tens of thousands of other children along the way. By continuing this practice, conflict ensued, displacing almost 500,000 people in the Ugandan plains during the group’s active years[3]. Even though they are largely inactive in currently, the story of the rebel militia is still being mirrored throughout our world. And the effect of such practices is felt to this day.
As reported by the Washington Post[4], abducted children that manage to defect from the LRA face an arduous uphill battle for reintegration. After serving under uneducated authoritarian superiors, who mercilessly kill any caught defector by way of a firing squad, the surviving children face the mental adjustment to day-to-day life. This is compounded by the added paranoia-like pressure of seeing comrades get promoted through informing on each other, and “commanders” being punished for doing acts of kindness. This results in severe mental health issues that surface many months after their release. PTSD is common and in extreme cases, suicide is an escape from the horrors faced during their time as conscripted soldiers.
This fear-based indoctrination of children by the LRA finds its direct counterpart in Hamas’s indoctrination. The terrorist organization has a reported use of 17,000 children, directly or indirectly, throughout the Israeli-Palestinian conflict. Rather than abducting, Hamas ensures that from an early age the children of the Gaza Strip are slowly pushed to dehumanize and stigmatize the Israeli citizen.
In kindergarten, through their considerable influence in the region, Hamas uses the public Al-Aqsa channel to broadcast anti-Semitic shows that promote a jihadist mindset and violence against the Israeli forces.[5]
This is then furthered by the dubious curriculum employed in the Gaza Strip (and in many cases, the remaining Palestinian territories).[6] There are reported uses of clear ennoblement of martyrdom, in particular against the Israeli enemy, and incitement to violence.[7]
Despite all this, Hamas further organizes summer camps each year whereby teenagers reportedly use and practice gunplay and military-like exercises. [8]In addition, preachers (religious authorities of the region) stimulate the aforementioned feelings towards martyrdom and against Israel.[9]
It is through this systematic, determined effort that the infamous terrorist group ensures the continuation of their own war efforts. Children can be used to bolster their army and kill if needed[10]. If successful in a military endeavour, these kids are then encouraged and hailed as heroes, further cementing in their minds that their behaviour was/is correct[11]. Even when building dangerous tunnels to cross the border of Gaza with Israel, children are used as builders.[12]
Whilst these practices were several times noted during Haniyeh’s tenure as de facto and de jure leader of the group, there is no sign that ensures they have all summarily stopped and been reversed under Sinwar’s rule. As explained above, the scars left on rescued child soldiers can remain for a long time after they leave their military service. More so, they are ruthlessly effective in promoting warmongering and belligerence. Thus, they make sure that the next generation will perpetuate conflict and that a polarizing mentality is the norm in an already precarious society.
As a matter of fact, the tendency is that the militarization of children will be increased. From 2013 onwards, Hamas has purportedly included military training in the Gazan high school curricula[13]. Moreover, the increasingly hostile summer camps – such as the “Pioneers of Liberation”[14] camps – ensure that this military education is year-round, as is the spread of violence towards their “Zionist Enemy”. In fact, Abu Muhammad, responsible for the recruitment unit of the camps was recorded stating that the goal of the camps was to provide educational and military activities to train the coming generations to fight the [Israeli] “occupation”[15]. He then continued, stating the generation in front of him was “determined to put an end to the Israeli entity”.[16]
A very important question is then to be asked – what can we do? Any individual effort is unlikely to succeed in the face of such atrocities. As such, it is highly recommended that we take a look at successful preventive programs[17] and reintegration programs[18]. Only through this can the Children of today, not become the Soldiers of tomorrow.
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[1] Nachtigal, T. (2019). Responsible Education: Responsibility under International Law for Indoctrination to Hatred and Violence in Education Systems. Columbia Journal of Transnational Law. [online] Available at: //jtl.columbia.edu/wp-content/uploads/sites/4/2019/09/Nachtigal_CJTL-57-600.pdf (Accessed 23 Sep. 2019].
[2] Information retrieved from //childsoldiersworldindex.org/hostilities (Accessed 21 Sep. 2019)
[3] Retrieved from //childrenandarmedconflict.un.org/the-lords-resistance-army-and-children/ (Accessed 21 Sep. 2019)
[4] Retrieved from //www.washingtonpost.com/world/africa/kidnapped-as-children-they-escaped-from-konys-lra-to-be-reunited-with-their-families-in-uganda/2018/08/10/625e5b12-8f67-11e8-ae59-01880eac5f1d_story.html (Accessed 21 Sep. 2019)
[5] Israeli Intelligence Heritage and Commemoration Center, Educating for Hatred and Violence Against Israel in a Performance Held in a Kindergarten Sponsored by the Palestinian Islamic Jihad, (December 31, 2017); available at //www.terrorism-info.org.il/en/educating-for-hatred-and-violence-against-israel-in-aperformance-held-in-a-kindergarten-sponsored-by-the-palestinian-islamic-jihad-pij/ (Accessed 22 Sep. 2019)
[6] Groiss, A. and Shaked, R. (2017). Schoolbooks of the Palestinian Authority (PA): The Attitude to the Jews, to Israel and to Peace. [online] Center for Near East Policy Research Available at: //israelbehindthenews.com/wp-content/uploads/2017/09/Schoolbooks-PalestinianAuthority2017.pdf [Accessed 23 Sep. 19].
[7] P. 62 ff. (n6)
[8] ITV News, Inside the Hamas Summer Training Camp for Gaza Teens, (added on July 27, 2016); video available at: //www.youtube.com/watch?v=cD2FezhJgqA ; 4 Meir Amit Intelligence and Terrorism Information Center, Incitement to Terrorism and Hatred, (June 8, 2017); //www.terrorism-info.org.il/en/21218/
[9] Hamas’s new way of poisoning the minds of Palestinian Children, Gatestone Institute, 1 April 2016. //www.gatestoneinstitute.org/7804/palestinian-children-torture (Accessed 23 Sep. 19)
[10] Riley Clafton, At Summer Camp, Hamas Raises the Next Generation of Killers, The Tower (August 2016); available at: //www.thetower.org/article/at-summer-camp-hamas-raises-the-next-generation-of-killers/ (Accessed 23 Sep. 19)
[11] IDF Website, The Status of Children in Gaza; //www.idf.il/en/minisites/facts-and-figures/hamas/thestatus-of-children-in-gaza/ (Accessed 23. Sep 19).
[12] Lea Spyer, How Child Labor in the Terror Tunnels is Killing Palestinian Children, (July 27, 2014); available at: //www.breakingisraelnews.com/18992/child-labor-terror-tunnels-killing-palestinian-children/; Myer Freimann, Hamas Killed 160 Palestinian Children to Build Tunnels, (July 25, 2014); available at: //www.tabletmag.com/scroll/180400/hamas-killed-160-palestinian-children-to-build-terror-tunnels
[13] Retrieved from //www.terrorism-info.org.il/en/20511/
[14] Summer Camps in the Gaza Strip: A tool for indoctrinating the younger generation with radical ideologies and training them to become future operatives in the terrorist organizations, especially Hamas and the Palestinian Islamic Jihad. (14 July 2019). The Meir Amit Intelligence and Terrorism Information Centre. Available at: //www.terrorism-info.org.il/app/uploads/2019/07/E_156_19.pdf [Accessed 26 Sep. 2019].
[15] Page 8 (n15)
[16] Ibid.
[17] As the “Roméo Dallaire Child Soldiers Initiative” (//www.childsoldiers.org)
[18] As “The Save Children Fund” (//www.savethechildren.net)
Amnesty International- Hamas excessive use of force
March 28th, 2019
Amnesty International Israel
Kibutz Galuyot Rd. 32
Tel Aviv – Yaffo
Dear Amnesty International,
As an NGO who shares the objective of defending human rights, we endorse your condemnation of terrorist organization Hamas’ brutal and excessive use of force against Palestinian protesters, journalists, and human rights workers and your related call for action.
The Jerusalem Institute of Justice strongly condemns how Hamas’ security forces countered the peaceful Palestinian demonstration known as “The revolt of the hungry” on March 14th. We want to express our contempt for Hamas’ actions such as arbitrary arrests, beatings, torture and the use of grenades and live ammunition. Not only did the Palestinian population suffer, so did journalists and human right workers. We decry the detention of Hind Khoudary and the threats directed towards her.
We understand that this event affected your organization on a personal level. And this makes us wonder, where were the reports on Hamas’ previous crimes against the Palestinian population when you were not personally targeted? Why would you only raise issue with Hamas’ atrocities now?
Since 2016, 17.000 Palestinian children have been used and abused for military purpose. Where have you been? Where were you when Hamas opened summer camps for Palestinian children where they ‘enjoy’ various activities such as military training and Hamas ideology indoctrination?
It suggests that you genuinely care about Human Rights violations. However, only when they happen on your doorstep, with your own people involved. Moreover, because the use of excessive force by Hamas against its own population reached alarming levels long before March 14th 2019, may we ask what makes this event different?
Apart from these critical questions, we support your recent condemnation and your call for action regarding Hamas’ human rights violations on March 14th. Better now than never. And we see your statement about watching the Gaza authorities and your call for investigations as a message of hope. We therefore look forward to your follow up reports and reply on this matter.
Yours sincerely,
Flavia Sevald, CEO
Jerusalem Institute of Justice
UN-Believable?
Article by Charlotte Van Der Gucht.
The UN report on the Gaza demonstrations condemns Israel. No surprise.
The weekly “great march” alongside the security fence was supposed to be a totally peaceful demonstration by Palestinian civilians. However, with Hamas working behind the scenes on the Palestinian side, this demonstration turned into a violent confrontation. In February of this year, the United Nations (UN) presented their findings on the Gaza demonstrations held between March and December 2018.
Both parties’ actions during the demonstrations were investigated. However, the UN report is largely dedicated to the condemnation of only one party, the Israeli Defense Force (IDF). The commission mainly accuses IDF soldiers of killing demonstrators who didn’t pose an imminent threat to life, including children.
The UNknown: Objectivity is sought but rarely present
The UN’s report is drafted by an ‘independent international commission of inquiry’. But how reliable is such a commission if we look at the overall relation between the UN and Israel?
Every year for the past five years, over 20 UN resolutions have been directed against the only democracy in the Middle East, Israel. Whereas approximately 5 UN resolutions were directed at all countries in the world, combined! Let’s be clear: over a striking 80% of the UN resolutions were directed against Israel only. Israel does not claim to be faultless, but these numbers are astonishing.
Critical questions and concerns from members of the international community such as the UN are essential for the sake of justice. However, these numbers reveal a disproportionate targeting of Israel. It makes one wonder how objective this UN report is.
UNbelievable
“In the commission’s view, the demonstrations were civilian in nature.”
The report mentions that 183 allegedly ‘innocent’ Palestinians lost their lives. However, the statistics of the Intelligence and Terrorism information center (ITIC) confirm that “as for the identity of the fatalities 150 of 183 Palestinians were found to be affiliated with Hamas or with other terrorist organizations”.
The IDF qualified their actions by stating that members of Hamas were among the civilian protestors. They were responding to a new security threat, as the protests masked terror activities which include the launching of both incendiary kites and balloons filled with explosives. These in many cases were thrown by children. The devices caused many thousands of acres of farmland, animals and wildlife to burn creating an ecological disaster.
“Children are intentionally killed by the IDF”
35 of the 183 Palestinian losses were unfortunately children. The UN report accuses the IDF of having intentionally killed these children. But the real question is, who is responsible for these losses? The report does not reveal the sad context of Hamas using children as a method of warfare. Children are used as both human shields and child soldiers.
The education system in the Gaza strip, controlled by Hamas, systematically encourages children from a very young age to join the battle, to become martyrs. Later on, as adolescents they will attend summer camps where they will undergo military training. Ultimately, the children will be brainwashed to believe that Israel is their enemy, up to the point where they will join the demonstrations and risk their lives for the sake of Hamas. This is a despicable method, however, one that is never condemned by the UN.
Not only the Palestinian children, but the entire Palestinian population suffers under Hamas’ de facto control. Hundreds of protesters were paid to join the protests and others were coerced. Why did the UN report not mention this abuse even once? Again, critical reports and concerns on the conflict and demonstrations must be raised. But wouldn’t it be fair to investigate both sides with the same attention?
Adhering to international standards
It is beyond any dispute that alleged misconducts of IDF soldiers should be investigated and if necessary prosecuted. But the question is by whom? The UN calls upon the International Criminal Court (The ICC) in The Hague to investigate the actions of IDF soldiers. However, the ICC has no standing if Israel takes care of the investigations itself. This is what is called the principle of complementarity.
This principle is simple but ultra-relevant: The ICC cannot investigate alleged crimes when a country domestically opens a serious investigation adhering to international standards.
The Turkel Commission (consisting of independent international legal observers), in 2013, verified that the Israeli self-investigation system meets these international standards. An example of Israel’s willingness to scrutinize itself, is the case of IDF soldier, Elor Azaria.
Azaria shot in the head and fatally wounded a neutralized terrorist while standing less than 2 meters away from him. This disproportionate reaction has been investigated and led to the conviction of Elor Azaria for manslaughter on 4th of January 2017. This case proves that Israel is not afraid to investigate their own defense forces, although the investigations received a lot of criticism from the Israeli public. Examining your own defense forces is not a popular policy. Nevertheless, Israel continues to do so for the sake of justice and democracy.