Juvenile justice in belligerent occupation regimes : comparing the coalition provisional authority administration in Iraq with the Israeli military government in the territories administered by Israel / Hilly Moodrick-Even Khen
Juvenile justice in belligerent occupation regimes : comparing the coalition provisional authority administration in Iraq with the Israeli military government in the territories administered by Israel
Hilly Moodrick-Even Khen
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Denver journal of international law and policy, Vol. 42, issue 2, Winter/Spring 2014, p. 119-161
The changing nature of occupation regimes - from belligerent occupations to transformative occupations and from short-term to long-term ones - has bearing on their juvenile justice systems, demanding more protections for the rights of children within these criminal structures. These protections can be awarded either through direct application of human rights law or by amending the specific laws that administer territories under occupation. These transformations affect the legal means for realizing the obligations of the occupying power under the Fourth Geneva Convention (1949) and the Hague Convention and its annexed regulations (1907) ("Hague Regulations"), primarily the duty to ensure the safety and the daily life routine of the occupied population. After a discussion on the mutual application of international humanitarian law and international human rights law in occupied territories through the prism of the objectives of the juvenile justice system in general, and in occupied territories in particular, it is suggested that the longer an occupier rules in an occupied territory, the more likely that human rights law, rather than humanitarian law, will better serve the interest of the occupied population, as the latter has more limited tools for achieving this goal. Hence, in longer-term occupations, there is more room for the application of human rights law as an interpretative and complementary law. With regard to the objectives of juvenile justice systems and given the nature of juvenile justice in general, and in occupied territories in particular, we must see a more extensive application of human rights law in occupation regimes. These claims are substantiated through the analysis of the case study of detention, prosecution, and adjudication of children in formerly occupied Iraq and in the Israeli occupation in the administered territories.