The Inadequacy of International Humanitarian Law to Providing Justice Palestinian Children in Israeli Detention Practices

The detention of Palestinian children in armed conflict zones presents a critical challenge to international legal protection regimes. Grounded in a substantive justice and best interests of the child framework, this study employs a normative evaluative legal method to assess Israel's detention practices under international humanitarian law and international human rights law. The analysis applies substantive justice criteria, including proportionality, non-discrimination, the best interests of the child, and the obligation to protect vulnerable groups. Focusing on recent policies permitting the detention of children under the age of fourteen, the study demonstrates that these practices involve prolonged detention, psychological harm, and denial of access to education, which collectively constitute serious violations of core humanitarian and human rights principles. Beyond identifying discrete legal breaches, the findings reveal a systemic failure of international law to deliver effective protection for children in situations of occupation and armed conflict, driven by structural weaknesses in enforcement and accountability mechanisms. The study argues that this failure reflects not only noncompliance but also limitations in the institutional and political operation of international law. It proposes strengthening international monitoring mechanisms, enhancing the role of the International Criminal Court, and advancing coordinated diplomatic and humanitarian interventions. This research offers a theoretically grounded critique alongside practical recommendations for improving child protection in armed conflict.