Jan. 28, 2018
- Should Ahed Tamimi Be Released on Bail? – Lt. Col. (res.) Maurice Hirsch
Should Ahed Tamimi, a 16-year-old Palestinian female who was indicted for three counts of assault, slingshotting stones at law enforcement officers, and calling for the commission of terrorist attacks including suicide bombings, be released on bail?
International law does not mandate the release of minors. In reality, international law recognizes that minors who commit violent offenses can be denied bail (see Article 37(b) of the Convention of the Rights of the Child).
When juvenile judges consider granting bail, they take into account whether the event was a “first time offense” or was part of a continuous criminal pattern and whether the defendant is likely to pose a threat to society. The reality is, as noted in the indictment, that Ahed Tamimi is a serial offender, inciting to more violence. (“Whether it is a stabbing attack or suicide bombing or throwing rocks, everyone needs to do something.”) These factors would, in most legal systems, warrant the denial of any bail.
Tamimi’s father was previously convicted of organizing the children of his village to violently ambush Israeli soldiers. Her mother has also been indicted for similar crimes. The writer served for 19 years in the IDF Military Advocate General Corps and was Head of Military Prosecution for Judea and Samaria (West Bank). (Times of Israel)