Ministers approve lowering minimum incarceration age to 12

If enacted, legislation would mean young juvenile offenders can be sentenced to jail for terrorism, murder or attempted murder

The Ministerial Committee for Legislation on Sunday approved a bill that would lower the minimum incarceration age for young offenders charged with terrorism from 14 to 12.

According to the legislation, proposed by Likud Knesset Member Anat Berko, the juvenile offenders would be interned in a youth facility until the age of 14, at which point they would be transferred to prison. Prison sentences could also be imposed on children under 14 if they are convicted of murder, attempted murder or manslaughter, states the bill, which has yet to be approved by the Knesset.

The legislative initiative gained traction after young Palestinian teenagers perpetrated stabbing attacks against Israelis in two separate incidents last month.

“In the recent terror wave, we have been witness to many cases where serious crimes — including murder, attempted murder, and manslaughter — were carried out by minors under 14. This must end,” Justice Minister Ayelet Shaked of the Jewish Home party wrote in a statement.

“Youths who engage in terror and seek the death of Jewish citizens, such as Ahmad Manasra, will not be shown mercy by the law,” she said.

Anat Berko at a pre-election debate in the Ohel Ari Synagogue in Raanana, March 9, 2015 (photo credit: courtesy) — Anat Berko at a preelection debate in the Ohel Ari Synagogue in Ra’anana, March 9, 2015 (Courtesy)

Thirteen-year-old Manasra, together with his 15-year-old cousin Hassan, made world headlines last month after video footage emerged of them stabbing two Israelis, a 13-year-old boy and a 25-year-old man, in Pisgat Zeev, a neighborhood in northeastern Jerusalem.

Hassan was killed by police, while Ahmad was hit by a car and then arrested.

According to current Israeli law, if Ahmad is found guilty of attempted murder before reaching the minimum age of 14, the judge will not be able to sentence him to any jail time.

Israel’s penal code defines minors as people under 18 years of age; for the purpose of prosecution on capital crimes, the age at which they are tried as adults is 14.

Earlier this month, Israel’s National Insurance Institute warned that the agency would suspend child benefits for the families of minors who carry out attacks on Israelis.

Berko told Channel 2 TV she intends to fast-track the legislation, which, she claims, will save Israeli lives.

Ahmad Manasra, one of two cousins who went on a stabbing spree in Jerusalem on October 12, 2015 is seen at the Hadassah Ein Kerem Hospital in Jerusalem on October 15, 2015. Manasra was hit by a car while fleeing from the scene of the attack. (Courtesy) — Ahmad Manasra, one of two cousins who went on a stabbing spree in Jerusalem on October 12, 2015, is seen in Hadassah Hospital Ein Kerem Hospital in Jerusalem on October 15, 2015. Manasra was hit by a car while fleeing from the scene of the attack. (Courtesy)

“As long as those on the Palestinian side continue to recruit minors — knowing that Israeli law has no legal mechanism to take against minors under the age of 14 — we can only expect this phenomenon to spread,” she said.

The rising occurrence of children attackers has prompted the Justice Ministry to take legislative measures worsening the penalties for juvenile offenders and their parents. Backed by Shaked, the ministry introduced new regulations imposing a NIS 100,000 ($26,000) fine on parents of children caught throwing rocks at civilians and security forces.

Times of Israel staff contributed to this report.