Practice Relating to Rule 100. Fair Trial Guarantees
Israel’s Manual on the Rules of Warfare (2006) states:
The population of occupied areas
International law governs the duty of the army and its authority over populations in occupied areas or in zones under military occupation during battle. The Fourth Geneva Convention includes a complete list of instructions that is binding upon the army in its dealings with the civilian population in an occupied area and regulate the army’s authority (for example … how the martial courts should be conducted in the area … and more).
The State of Israel claimed in the past that the Convention, at least in part, does not constitute customary international law, however, for political reasons it applies the humanitarian provisions of the Convention de facto
, with respect to everything concerning the Occupied Territories.
The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).
Israel’s Order on Security Regulations (2009), which established a juvenile court in the West Bank for a period of one year, states:
a. No child shall be subjected to trial with an adult unless the consent of the military prosecutor is provided or the consent of any person given this power by the military prosecutor.
b. Any child charged with an adult in the same case and appears in court other than a juvenile court, the court has the jurisdiction to proceed with this case. If so, the court must act as if it were a juvenile court and shall have all the jurisdictions granted to the juvenile court. Should the court decide not to examine this case; it must transfer it to the military juvenile court.
The Order defines a “child” as “anyone under 16 years, and a suspect or accused who has not attained 16 at the time of submitting the list of charges”.