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| Pâ•qidꞋ Yi•rᵊmᵊyâhꞋu |
Contents:
Executive Summary
Watching the television coverage of the daily 'Palestinian' riots, known as the Al-Aqsa intifada, 1 one is immediately struck by the near total absence of adults. Indeed, most of those hurling Molotov cocktails and stones are teenagers; many are even younger. Intoxicated by the challenge of becoming a hero, lacking the maturity to calculate the dangers they are assuming, these young people are easily motivated to place themselves in harm's way.
Since the recent disturbances began, media reports have often highlighted instances in which 'Palestinian' children have been killed or injured by Israeli troops or policemen. These reports have generated much criticism of Israeli policies, although few in the Western world have thought through the chaos they see on the news to consider whose interests are served by the violence. Even fewer have access to the information necessary to place in legal and historical context these weeks of death and disorder.
The appearance of 'Palestinian' children in these riots, it will be demonstrated, is not accidental. The 'Palestinian' Authority has intentionally mobilized 'Palestinian' children to man the front line in its struggle against Israel, frequently using them as shields to protect 'Palestinian' gunmen. This mobilization of 'Palestinian' youth has, moreover, been facilitated by the long-term impact of 'Palestinian' Authority (PA) curricula, government-controlled media, and summer camp programs, which indoctrinated the youth for armed confrontation with Israel even prior to the current crisis.
The utilization of children in armed conflicts has been increasingly condemned by the international community. It is barred by the UN Convention on the Rights of the Child and recent UN Security Council Resolution 1261, which specifically described the use of children as soldiers as a "violation of international law."
Moreover, the 'Palestinian' leadership, in a classic case of bad faith, accuses Israel of committing human rights violations for the fatalities while evading its own responsibility for the orchestrated appearance of children at the front lines of the conflict. This constitutes a cynical exploitation of human rights concerns. While the 'Palestinian' Authority is not formally bound by international human rights conventions, it nonetheless is required by the Oslo agreements, which PA Chairman Yasser Arafat signed, to honor "internationally accepted norms of human rights and the rule of law." 2
This study examines the causes of this phenomenon and its repercussions. In particular, it offers suggestions to protect 'Palestinian' children from the physical and other dangers inherent in politically and religiously motivated street violence.
The visuals of a bleeding 'Palestinian' child surrounded by screaming relatives all but obviate the need for most people to consider why and how the child was in harm's way in the first instance. The tragic death of Mohammed Al-Dura, the twelve-year-old from Gaza who was caught in the cross-fire and shot dead in his father's arms, 3 mobilized sentiment around the world to condemn Israel for using excessive force. 4 Claims were made that the besieged Israel Defense Forces (IDF) position from which the shooting likely came had intentionally targeted the boy and his father, even though the soldiers were returning fire at 'Palestinian' gunmen a few meters away from Mohammed and his father.
Whatever the circumstances of Mohammed's death, it is clear that a number of 'Palestinian' children have been killed by Israeli gunfire and many more injured. Estimates of these child casualties, however, have varied. CBS News' "Sixty Minutes" reported on October 24 that 40 'Palestinian' children had been killed; 5 an Amnesty International report dated October 19 stated that 27 children had lost their lives. 6 A Physicians for Human Rights team concluded that 23 'Palestinian' minors under the age of 17 had been killed through October 29. 7 Looking only at children under the age of 13, Ha'aretz columnist Ze'ev Schiff concluded that 6 to 8 children had died. 8 The Palestine Red Crescent Society asserted that prior to October 27, 43 'Palestinians' below the age of 20 had been killed; within that group 13 were below the age of 16. 9 The loss of a single child is a terrible tragedy, but clearly the divergent claims over the numbers of child casualties is indicative of the politically explosive nature of this aspect of the Al-Aqsa intifada.
This data certainly provided an opportunity for Yasser Arafat who, addressing the Emergency Arab Summit in Cairo, appealed for help to stop the "'genocide and massacre' of his people armed with stones." 10 Wielding their political clout at the United Nations, the 'Palestinians' prevailed on the UN Human Rights Commission to condemn Israel for "crimes against humanity." 11 Even the UN Security Council approved a completely one-sided resolution condemning Israel. 12 Although these accusations are transparently rhetorical, there is little doubt that, by their deliberate misuse of children, the 'Palestinian' cause has attracted new sympathy.
The current violence has given the 'Palestinians' the opportunity to improve on their widespread use of children in the original intifada of a decade ago and in other organized rioting during the interim years, such as in Hebron. 13 This time the children act as bait, burning tires and shooting slingshots, to attract the television cameras and distract the IDF, in tandem with well-armed 'Palestinian' gunmen in ambush positions. 14 Since the 'Palestinian' public knows that Israeli soldiers are ordered not to shoot live ammunition at children, they act as shields to protect 'Palestinian' snipers who shoot to kill any exposed members of the IDF. When the youth rush forward throwing stones and Molotov cocktails, 'Palestinian' snipers on rooftops and in alleys take aim at the IDF, on some occasions actually shooting 'Palestinian' children from behind. 15 Alternatively, according to IDF sources, 'Palestinian' gunmen have shot from within a rioting crowd of civilians. 16
The extent of the violence directed at Israel is illustrated by statistics from the month of October 2000. 'Palestinians' perpetrated 599 shooting incidents at military, 17 police, and civilian targets. 18 Twenty-six bombs were detonated with intent to harm or kill Israelis, 19 and 400 Molotov cocktails were thrown at Israelis. In all there were 3,209 violent disturbances including 1,397 stone throwing incidents. 20 As a consequence, six Israeli civilians and seven soldiers were killed, and 51 civilians and 139 soldiers were injured. 21
A cynical use of youngsters and children was repeatedly observed at the Netzarim junction in the Gaza Strip where buildings erected under the pretence [sic] of housing members of the PLO naval forces and their families were in fact used as shooting posts against an adjacent Israeli compound. The buildings were also used by the PA to assemble children to throw Molotov cocktails, gas canisters, and stones at IDF soldiers. 22
Even the ambulances that wait to pick up the injured often serve a secondary (illegally under international law 23) role – to transport gunmen, Molotov cocktails, and rocks to the confrontation with the knowledge that Israel will not fire on these "medical vehicles." 24 This is a clear violation of one of the fundamental precepts of humanitarian law and places at risk the immunity generally granted to medical services. After 'Palestinian' gunmen inside the Red Crescent Headquarters in Ramallah opened fire on the IDF; and on the same day a Red Crescent ambulance was used in a nearby shooting attack, the IDF Spokesman issued this statement: "The IDF harshly condemns and views seriously shooting attacks toward an Israeli community from a Red Crescent building and ambulance, a body that is meant to offer humanitarian and medical assistance." 25 In both cases the IDF refrained from responding. 26
One major difference between the current Al-Aqsa intifada and its predecessor, the original intifada of a decade ago, is the enormous increase in 'Palestinian' firepower, primarily in the form of tens of thousands of assault rifles. 27
Among the heavier weaponry in the hands of the 'Palestinians' are shoulder-fired missiles, 28 20 mm anti-aircraft cannon, 29 and heavy machine guns. An anti-tank missile was fired at IDF troops at the Karnei crossing point between Israel and Gaza on 2000.10.31. 30 New terrorist tactics have also been used, as with the case of the suicide bicycle rider who blew himself up alongside an IDF outpost in Gaza. 31
The basic tactics of the intifadists, however, are not new. During the previous intifada, 'Palestinian' journalist Daoud Kuttab extolled the usefulness of children-rioters in the Journal of 'Palestine' Studies:
When the danger alarm is sounded the young people of the neighborhood divide into three teams. The first is composed of lookouts…the second team is basically defensive in nature; its main task is to cover the offensive team…the most courageous. After advancing to the Israeli position and throwing stones, the defensive team goes into action to cover the retreating youths. When the offensive team starts to retreat, it is the job of the defensive team to throw a barrage of stones at the soldiers. 32
The similarities of these violent tactics to childhood games like "tag" is not coincidental; the 'Palestinian' leadership discovered a way to channel youthful energy into the uprising.
At that time Professor William V. O'Brien of Georgetown University noted that, "[i]t appears that a substantial number, if not the majority, of troops of the intifada are young people, including elementary schoolchildren. They are engaged in throwing stones and Molotov cocktails and other forms of violence." 33 During that uprising a 'Palestinian' leaflet declared, "Every child must carry the stone and throw it at the occupier. The Molotov cocktail heroes of all ages must burn a fire in the face of the enemy and fight him face-to-face." 34 This is but one example of the propaganda which has chronically been used to incite 'Palestinian' children to participate in violent and dangerous street battles.
Thanks to their empowerment under the Oslo peace process, the 'Palestinian' Authority has new and varied vehicles to motivate their youth to participate in anti-Israeli street violence. Television and radio stations, school textbooks, a range of newspapers and magazines, and even the summer camp curriculum are all, directly or indirectly, under the control of the PA.
Television broadcasts frequently include what in many Western countries would be deemed "hate speech." On July 2, 1998, in derogation of its commitments to combat incitement under the interim peace agreements (discussed below), a 'Palestinian' television children's show called "The Children's Club," similar in its basic structure to "Sesame Street," aired an episode in which young boys with raised arms chanted "We are ready with our guns; revolution until victory; revolution until victory." 35 On the same show, an 8-year-old boy announced to the audience (a group of children), "I come here to say that we will throw them to the quiet sea. Occupiers, your day is near, then we will settle our account. We will settle our claims with stones and bullets." 36 Also on the Children's Club program, on February 8, 1998, a girl who could not have been more than ten years old declared that she wanted to "turn into a [Shâ•hidꞋ]" in [al-Quds]. 37
During the past month, the 'Palestinian' electronic media has run near-continuous coverage of riots and funerals. The standard fare on the Voice of Palestine radio station is for programs to open with details of Shu•had•âꞋ' deaths and burials sandwiched between patriotic and Islamic songs with martial melodies. A particularly popular song on Voice of Palestine, which is broadcast on television as well, features a father singing about his son as a Shâ•hidꞋ – the son being Mohammed Al-Dura mentioned above. 38
The official media broadcast the sermon of the PA-appointed cleric at the Al-Aqsa mosque in [Yᵊru•shâ•laꞋyim] who called for his followers to "eradicate the Jews from Palestine." 39 Also aired was a live sermon by Dr. Ahmad Abu Halabiya, a member of the PA-appointed Fatwa Council and former acting Rector of the Islamic University in Gaza, who called for Israelis to be humiliated, tortured, and butchered. 40 He continued: "Have no mercy on the Jews, no matter where they are, in any country. Fight them, wherever you are. Wherever you meet them, kill them. Wherever you are, kill those Americans who are like them – and those that stand by them." 41
Indicative of the official support the 'Palestinian' Authority is giving to the utilization of children in the struggle against Israel are the words of the PA-appointed Mufti of [Yᵊru•shâ•laꞋyim], Sheik 'Ikrimi Sabri, in an October 28 interview with the Egyptian weekly Al-Ahram Al-Arabi: … [see more excerpts in Paliban: Child Sacrifice (2000.11.09)] 42
Other 'Palestinian' institutions are also imbued with incitement. A New York Times reporter observed a PA-run summer camp program where the 25,000 campers stage the kidnapping of Israeli leaders, strip and assemble Kalachnikov assault rifles, and learn the art of ambushing. 43 They are given camouflage uniforms and imitation guns. 44 They parade and practice infiltration, crawling on their stomachs through obstacles. Training children for the armed struggle reminds one of the terrible price children have paid in other Middle Eastern wars. During the Iran-Iraq war, the Iranian government recruited tens of thousands of child soldiers, dubbed "Revolutionary Guards." 45 Sent to the front to clear minefields and attack fortified Iraqi positions, these usually unarmed children faced near certain death. 46 They were told that the little plastic key around their neck would open the gates to eternal paradise.
Even in the public schools, politics seem to be playing a major role in education. For example, the PA's Deputy Minister of Education, Naim Abu Humus, called on school administrators to dedicate the first class for praying for the souls of those killed during the Al-Aqsa intifada, saying "Today we glorify Al-Aqsa and Palestine, and remember the 'Palestinian' Shu•had•âꞋ." 47
President Clinton, in a speech in late 1998, referred to "education for peace" as "the most important element" to make peace "sustainable." 48 But 'Palestinian' interest in reconciliation with Israel is notably absent from the 'Palestinian' textbooks, even in the indigenous 'Palestinian' textbooks, which this year partially replaced the old Jordanian textbooks previously used in their public schools. A sixth grade civics book portrays Israel as an aggressor and explains to the children that, "[t]he 'Palestinian' people were expelled from their land as a result of the Israeli occupation of Palestine, and have been subjected to massacres and banishment from their land." 49 The map in the book makes no reference to the existence of Israel adjoining the PA territories; nor does it include major Israeli cities such as Tel Aviv. 50 In fact, the only Israeli cities referenced are ones which previously had large 'Palestinian' populations. 51
The message from the top, from PA Chairman Arafat, is unequivocal. Arafat ruthlessly encourages the involvement of 'Palestinian' children in violence, referring to them as "the generals of the rocks” 52 and boasting after the IDF attack on Fatah offices, "[the attack] cannot shake one eyelash of a 'Palestinian' child holding a stone to defend holy [al-Quds]." 53 Arafat plays to their pride; he would have them believe they are "generals" and heroes when they are really cannon-fodder in the media campaign to discredit Israel. As a (London) Times reporter aptly described:
But can 'Palestinian' leader Yasser Arafat control the children?…Since birth, 'Palestinian' children have been pumped full of religious fundamentalism which promises paradise for those who die for the cause of free Palestine….Approving or not, the 'Palestinian' authorities have done nothing to stop children playing with their lives. Let's face it, dead kids make great telly. 54
These examples of incitement may explain why a 13-year-old girl from Egypt tried to sneak into Gaza in order to "join the 'Palestinian' children in anything, even throwing stones." The girl's father, Gamel Mabrouk, explains, "[t]his was over-enthusiasm in response to what they have seen on television." A week earlier, a 12-year-old boy was stopped at the Israeli border after attempting the same thing.
A 'Palestinian' mental health official confirmed that 'Palestinian' children are chiefly motivated by what they see on 'Palestinian' television: "the role of information is an additional factor behind the will of children to die the death of a [Shâ•hidꞋ], for they see on television their relatives as Shu•had•âꞋ or wounded and hear the calls of praise that they receive." 55 Clearly, PA government-controlled media play a significant role in both the long-term and immediate motivation of children to place themselves in life-threatening situations.
The new 'Palestinian' violence undermines not only the spirit of the Oslo peace process but its raison d'être – to resolve differences through negotiation rather than violence. As Arafat proclaimed in his 1993.09.09, letter to Yitzhak Rabin:
The PLO considers that the signing of the Declaration of Principles constitutes a historic event, inaugurating a new epoch of peaceful coexistence, free from violence and all other acts which endanger peace and stability. Accordingly, the PLO renounces the use of terrorism and all other acts of violence and will assume responsibility over all PLO elements and personnel in order to assure their compliance, prevent violations, and discipline violators. 56
This was his price of admission into the U.S.-brokered and funded peace process. In return, Rabin agreed to recognize the PLO as the representative of the 'Palestinian' people and commence negotiations with what previously had been deemed a terrorist organization. 57
The problem of incitement to violence has been repeatedly addressed in the interim peace agreements. For example, the Cairo Agreement, signed by Arafat in 1994, obligates the PA to "foster mutual understanding and tolerance" and "abstain from incitement, including hostile propaganda [and]…take legal measures to prevent such incitement by any organizations, groups or individuals." 58
The Preamble of the Oslo II interim peace agreement, signed by Arafat in 1995, reaffirms the parties' "mutual commitment to act, in accordance with this Agreement, immediately, efficiently and effectively against acts or threats of terrorism, violence or incitement, whether committed by 'Palestinians' or Israelis." 59 Oslo II also contains provisions which obligate the 'Palestinian' Legislative Council to "foster mutual understanding and tolerance and shall accordingly abstain from incitement, including hostile propaganda…and…take legal measures to prevent incitement by any organizations, groups or individuals within their jurisdiction." 60 This is followed by the requirement that "Israel and the Council will ensure that their respective educational systems contribute to the peace between the Israeli and 'Palestinian' peoples and to peace in the entire region, and will refrain from the introduction of any motifs that could adversely affect the process of reconciliation." 61 The 'Palestinian' police's "duties and functions" include "combating terrorism and violence, and preventing incitement to violence." 62 However, since the Al-Aqsa intifada began, the 'Palestinian' police, whose salaries, assault rifles, training, and uniforms were paid for by Western donors, have done absolutely nothing to stop incitement; many have even trained their rifles on the IDF.
Thereafter, article 2(b) of the Note for the Record of the Hebron Protocol, signed by Arafat in 1997, reiterated the obligation of the 'Palestinians' to "preventing incitement and hostile propaganda as specified in Article XXII" of the Oslo II agreement. 63
The endemic problem of the PA's use of textbooks that incite to violence prompted the inclusion of a separate article in the Wye Agreement, signed by Arafat in 1998. 64 Section II, A(3), captioned "Preventing Incitement," states:
Drawing on relevant international practice and pursuant to Article XXII(1) of the Interim Agreement and Note for the Record, the 'Palestinian' side will issue a decree prohibiting all forms of incitement to violence or terror, and establishing mechanisms for acting systematically against all expressions or threats of violence or terror. This decree will be comparable to the existing Israeli legislation which deals with the same subject.
A US-'Palestinian'-Israeli committee will meet on a regular basis to monitor cases of possible incitement to violence or terror and to make recommendations and reports on how to prevent such incitement. The Israeli-'Palestinian' and U.S. sides will each appoint a media specialist, a law enforcement representative, an educational specialist, and a current or former elected official to the committee. 65
Although the trilateral committee did meet, the 'Palestinian' appointees resisted efforts to edit their textbooks. An editorial in the English language 'Palestinian' newspaper Jerusalem Times, entitled "No Apologies for the Curriculum," proclaimed "[t]he children should know their history well, whether or not it pleases the world," and continued defiantly, "[w]e should not care if our curriculum does not please Israel." 66 In the newspaper Al-Quds, a member of the 'Palestinian' Legislative Council denigrated the anti-incitement provisions of the Wye Agreement as "the most dangerous as it touches on the national ideology and national consciousness." 67
In the most recent Sharm el-Sheikh interim agreement, signed by Arafat in 1999, which intended to implement the outstanding commitments of the previously signed agreements, the PA rededicated itself to: "8(a) …immediately and effectively respond to the occurrence or anticipated occurrence of an act of terrorism, violence or incitement and shall take all necessary measures to prevent such an occurrence." 68 But as demonstrated, none of the anti-incitement provisions in the interim peace agreements, each one signed by Arafat, have been honored in practice.
Stroked by Arafat's speeches lauding the role of children in their struggle, repeatedly encouraged by their leadership to express "rage," many 'Palestinian' parents have come to view the role of the youth in the uprising as useful and honorable. A child killed in a street confrontation becomes a ["Shâ•hidꞋ"] of the 'Palestinian' cause, bringing social recognition and a cash payment to his family – $2,000 per child killed and $300 per child wounded. 69
Shu•had•âꞋ, people who die for the sake of the holy Ji•hâdꞋ and Islam, are held in such high regard by the 'Palestinian' people that at times parents accept the death of their children as a badge of pride. Parents of toddlers proudly recount the little children saying they want to become Shu•had•âꞋ, and a father of a 13-year-old says "I pray that God will choose them" to be Shu•had•âꞋ. 70 One mother told a journalist from the (London) Times, "I am happy that he [her 13-year-old son] has been martyred. I will sacrifice all my sons and daughters (12 in all) to Al-Aqsa and [al-Quds]." 71 In the Jabalya refugee camp a father said he was proud his young son died with a rock in his hand. 72 Another mother boasted that she bore her son precisely for the purpose of participating in such Ji•hâdꞋ, while the child's father proudly claimed to have provided his son with the training. 73 Taman Sabeh, a 50-year-old woman in Nablus, was quoted by an AP reporter, "[i]f I had 20 children I would send them all down (to fight), I wouldn't spare any of them. We're not scared of death." 74
Thus for many 'Palestinian' children, incitement begins at home. 75 Yet many 'Palestinian' parents have attempted to hold their children back, and have resisted those who would place them in harm's way. 76 However, Hafez Bargutti, the editor-in-chief of the 'Palestinian' Authority official daily newspaper, Al Hayyat Al Jedida, wrote an editorial condemning parents who forbid their children from joining the riots. 77
When the international media challenged 'Palestinian' Legislative Councilwoman Hanan Ashrawi, she replied with the accusation of "racism." 78 Ashrawi asserted, "They're telling us we have no feelings for our children. We're not human beings, we're not parents, we're not mothers and fathers." 79 Other 'Palestinians' have also faulted those who blamed the 'Palestinian' parents and leadership. George Abu Al-Zulof, Director of a 'Palestinian' NGO, claimed "parents do not send their children to confront soldiers." Al-Zulof asserted, "[s]uch contact is unavoidable due to a military presence in front of schools, homes, and community centers throughout the West Bank and Gaza Strip." 80
Wouldn't it be wonderful if his claim were true, but since the peace process redeployment of Israeli forces, about 99 percent of 'Palestinians' live under PA civil administration. Thus, if there are armed individuals in front of their "schools, homes and community centers," 81 they are most certainly 'Palestinian' police, Hamas terrorists, Tanzim gunmen, 82 or members of one of Arafat's multiple security forces. The overwhelming majority of 'Palestinian' civilians encounter IDF soldiers only when they reach a checkpoint on the road outside their cities, towns, and villages. If a 'Palestinian' mob attacking an Israeli checkpoint succeeded in overrunning it, the soldiers would likely be lynched and mutilated, as were two reservists who took a wrong turn into Ramallah. 83
Queen Silvia of Sweden was one of the first public figures to offer insight into the question of responsibility for the deaths of 'Palestinian' children. At a meeting of the World Childhood Foundation at the United Nations, she criticized leaders for "exploiting them [the children] and risking their lives in a political fight." 84 She continued, "As a mother I'm very worried about this. I'd like to tell them to quit. This is very dangerous. The children should not take part." 85
One courageous Arab journalist, Huda Al-Hussein, published her condemnation of the tactics of child sacrifice in the London-based newspaper Al-Sharq Al-Awsat. She asked:
While UN Organizations save child-soldiers, especially in Africa, from the control of militia leaders who hurl them into the furnace of gang-fighting, some 'Palestinian' leaders…consciously issue orders with the purpose of ending their childhood, even if it means their last breath….If these children have nothing to lose, and they think the training is…a game, are we supposed to continue pushing them with hypocrisy and stupid enthusiasm to actually lose their lives….What kind of independence is built on the blood of children while the leaders are safe and so are their children and grandchildren?…Isn't it sad that a 'Palestinian' mother who loses a child looks around and cannot find other mothers crying nearby because every other mother waits her turn to receive the corpse of a child? They take the children from their mothers and at the same time they strip their mother of any sympathy. 86
'Palestinian' legislators and columnists have begun to acknowledge the problem they have with mixing child protesters with 'Palestinian' gunmen in confrontations with the Israeli army; thus 'Palestinian' legislator Ashraf al-Ajrami stated in the 'Palestinian' daily al-Ayyam: "[The intifada] is first and foremost a popular intifada that derives its importance from this description. Thus, it is imperative to protect its nature and not mix popular confrontations – in which all our people are participating and armed with their determination, stones, and the means of popular struggle – with armed confrontations." 87 However, PA Minister of Information Yasser Abd Rabbo, perhaps in reaction to the growing criticism of the use of children in armed confrontations, called in early November for barring participation of children under the age of 16 in demonstrations against Israel. 88
IDF Brig. Gen. Benny Gantz, a division commander on the West Bank, offered good advice to 'Palestinian' parents:
If the 'Palestinian' people want their kids to be safe, then they should make sure their kids stay in a place where kids should be. And when they are sending their kids forward and they are firing at us and then the kids are in the killing zone, so unfortunately sometimes, really unfortunately, those things happen. 89
According to a prominent evangelical pastor with excellent contacts in the West Bank, Christian Arab parents in the greater Bethlehem area have come under threats from the PA because "no Christian blood has been spilled, only Moslem blood" and because "Moslems have donated their children to the cause, but Christians haven't." Told that the families and parents of "Shu•had•âꞋ" will receive food first, the Christian Arabs, many of whom discourage their children from participating in the Al-Aqsa intifada, fear that they will starve. 90
According to international law, in particular Article 43 of the Hague Regulations of 1907, Israel is obliged to ensure public order and safety in the areas it occupied in self-defense in the Six-Day War of 1967. 91 This means that Israel must carry out necessary security measures in response to the widespread shooting and stoning that has characterized the Al-Aqsa intifada. Were the 'Palestinian' police willing to perform their delegated local police function 92 in 'Palestinian'-populated areas, Israel would have no reason to intervene. But when just the opposite transpires, and the 'Palestinian' police and security forces turn a blind eye to violence emanating from their areas, or join in the shooting, the IDF has no alternative but to fulfill its international law obligations.
The force employed by the IDF in response to these complex and dangerous confrontations is not indiscriminate. Nor is it intended to harm the 'Palestinian' youths. Rather the goal is to restore safety on the highways and other locations where violence has been instigated. IDF regulations make every effort to avoid incurring unnecessary casualties. Especially strict rules apply to the employment of live ammunition, 93 preferring to make due, whenever possible, with loudspeaker warnings, tear gas, stun grenades, and rubber bullets. Soldiers are prohibited from opening fire with live ammunition unless: (1) they are fired upon; (2) they are in a situation where despite verbal warnings there remains an immediate danger to their lives or the lives of Israeli civilians; or (3) they are apprehending an escaping suspect who is believed to have committed a serious crime. 94 Any soldiers who violate the rules of engagement are subject to investigation, disciplinary trial and, in serious cases, court-martial, as well they should.
In order to assure that children are not involved in wars and other violent conflicts, it is necessary to keep them out of harm's way both physically and emotionally. International law broadly attempts to protect children from the horrors of armed conflict. For example, the use (by states) of children as shields to impede the adversary's military operations is prohibited. Article 28 of the Fourth Geneva Convention strictly forbids the use of any civilian as a shield. Jean Pictet, in the official Red Cross commentary on article 28, notes that the use of civilians (of any age) as shields has been condemned as cruel and barbaric. 95
In addition, article 38 of the United Nations Convention on the Rights of the Child (1989) condemns the recruitment and involvement of children under 15 years old in hostilities and armed conflicts. This provision clearly states, "[s]tate parties shall take all feasible measures to ensure that persons who have not attained the age of 15 years do not take a direct part in hostilities." 96 Current treaty law not only forbids children to participate in combat, but it also proscribes a wide range of other indirect activities. 97
Article 3 of the UN Convention states that administrative authorities or legislative bodies of a state shall place "the best interest of a child" as their primary consideration 98 and, with that principle in mind, a number of states have raised the minimum age to 18. 99 Article 36 asserts that state parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare, which logically includes even their voluntary recruitment to participate in a conflict. 100 Ironically, this standard appears to conform with Islamic law, which prohibits children under 15 from participating in a Ji•hâdꞋ. 101 But neither international law nor Islamic law has curtailed the exploitation of children in the Al-Aqsa intifada.
While the PA has administrative responsibilities in the West Bank and Gaza Strip, the PA is not a sovereign entity, 102 and therefore is not de jure bound by the above mentioned conventions. 103 However, it is nothing less than hypocrisy for the PA to continuously pressure the international community to condemn Israel for violating human rights, while it blatantly disregards even the most rudimentary international standards of protection when it comes to its own children. Their misuse of children should set off an alarm for the world community; raising doubts as to whether a future 'Palestinian' state would be a law-abiding member of the international community.
Israel, by contrast, is endeavoring under the most trying circumstances to respect international law as regards 'Palestinian' children. Elaborate laws and regulations govern the treatment of the 'Palestinian' civilian population, even when they engage in hostilities. These principles aim at sparing the innocent civilian population from the dangers of armed conflict. Israel's active and liberal Supreme Court frequently reviews challenges to particular polices and conduct of the IDF, to keep the standards high.
It is unquestionably a tragedy when children fall victim to the Al-Aqsa intifada, but the blame for this tragedy does not rest with the IDF. The tragic reality is that children, often of primary school age, man the intifada's first line of offense. They are incited by the 'Palestinian' leadership, from Arafat on down, to begin riots, burn tires, throw together roadblocks, toss Molotov cocktails and stones, and function as a smokescreen between armed 'Palestinian' gunmen and the IDF. The Western public must ask why are 'Palestinian' educated to hate and place themselves in harm's way? The answer: many 'Palestinian' activists, such as Tanzim leader Hussein a-Sheikh, believe that gains in future negotiations will be greater following the riots, which have made the 'Palestinians' victims in the eyes of the world. 104 In the words of Nobel Peace Prize laureate Elie Weisel:
Those of us who reject hatred and fanaticism as options, who consider peace as the noblest of efforts, finally recognize Yasser Arafat for what he is: ignorant, devious and unworthy of trust. We had hoped for a genuine peace between Israeli and 'Palestinian' children playing together, studying together, laughing together, and discovering each other's worlds. The pain, the agony, the death of any child, 'Palestinian' or Jewish, is a torment to us. But why does Chairman Arafat not protect them but instead uses them as shields for adults throwing stones and worse? 105
Thus it is not the IDF, but rather the 'Palestinian' leadership, which should ultimately be held responsible for the injury and death among their rioting children.
Israeli society revolves around the family. Jews as a people have always placed paramount emphasis on improving the lives of their children, and not only their own children. Israelis and Jews everywhere therefore deeply regret that 'Palestinian' children have been caught up in the recent violence.
Imagine how much less powerful 'Palestinian' propaganda would be without cynically sacrificing children in front of the television cameras. 106 What if Arafat set an example for the 'Palestinian' political and religious leadership by exhorting the youth to press their views via non-violent protest – candlelight vigils, sit-ins, peaceful marches, petitions, and the like? Regrettably, despite the fact that Israel earnestly sought to reach a final peace agreement with the PLO, he and they chose incitement, blood, smoke and gunfire, bringing on the cataclysm which is swallowing young lives and the peace process whole. 107
Justus Reid Weiner is an international human rights lawyer and a member of the Israel and New York Bar Associations. He is a Scholar-in-Residence at the Jerusalem Center for Public Affairs and an adjunct lecturer at Hebrew and Tel Aviv Universities. The author expresses his indebtedness to Alona Abramowitz and Joshua Wohl for their assistance in this project.
The Jerusalem Letter and Jerusalem Viewpoints are published by the Jerusalem Center for Public Affairs, 13 Tel-Hai St., Yerushalayim, Israel; Tel. 972-2-5619281, Fax. 972-2-5619112, Internet: jcpa@netvision.net.il. In U.S.A.: 1515 Locust St., Suite 703, Philadelphia, PA 19102; Tel. (215) 772-0564, Fax. (215) 772-0566. (c) Copyright. All rights reserved. ISSN: 0792-7304.
The opinions expressed by the authors of Viewpoints do not necessarily reflect those of the Jerusalem Center for Public Affairs.
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