motivated” offences in custody from the age of 12 until they turn 14, at which
time they can begin to serve their sentence as an adult.125 The bill is yet to
be approved in the Israeli parliament, but the first reading in November 2015
received a favorable vote.126 The Association for Civil Rights in Israel (ACRI)
claims that there are also plans to implement life sentencing for children
under the age of 14.127
Imposition of Collective Punishment
Legal Framework
The prohibition on collective punishment is clear, strict, and unequivocal under
international humanitarian law; it has been prohibited by a wide range of
international conventions and norms of IHL since 1899. Article 50 of the 1899
Hague Regulations provides that “no general penalty, pecuniary or otherwise,
can be inflicted on the population on account of the acts of individuals for
which it cannot be regarded as collectively responsible.”128 This prohibition
was later incorporated with similar phrasing in the Fourth Geneva Convention
and its two additional protocols.129 It is also considered part of international
customary law, which prohibits collective punishment in both international
and non-international conflicts.130 The rationale behind this provision is that
individuals or collectives should never be punished for the actions done by
another person or collective. It is connected to Rule 102 of Customary IHL,
which establishes that “no one may be convicted of an offence except on
the basis of individual criminal responsibility.” But this prohibition is wider
as it covers criminal sanctions as well as “sanctions and harassment of any
sort, administrative, by police action or otherwise”.131 The prohibition against
collective punishment in IHRL can be found in the right to a fair trial, which is
one of the most fundamental guarantees of human rights and the rule of law.
125 Addameer, Israeli Occupation Targets Palestinian Children in East Jerusalem with Harsh Policies,
28 November 2015. Available at: http://www.addameer.org/news/israeli-occupation-targetspalestinian-children-east-jerusalem-harsh-policies
126 Ibid.
127 DCI Palestine, East Jerusalem teens hit with harsh sentences for throwing stones, op. cit., 20 July 2016
128 ICRC, Practice Relating to Rule 103. Collective Punishments. Available at: https://ihl-databases.icrc.
org/customary-ihl/eng/docs/v2_rul_rule103
129 Geneva Convention IV, Article 33; Additional Protocol to the Geneva Conventions I (1977), Article
75(2)(d); Additional Protocol to the Geneva Conventions II (1977), Article 4(2)(b)
130 ICRC, Rule 103 of Customary IHL. Available at: https://ihl-databases.icrc.org/customary-ihl/eng/docs/
v1_rul_rule103
131 Ibid.
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