What is the difference between a military court and a civilian court?
A civilian court is part of a country’s ordinary justice system, run by independent judges under the criminal law that applies to everyone. A military court is run by the armed forces, usually with military judges, and normally deals with soldiers or with offences under military law. Civilians are rarely tried in military courts, but there are exceptions, and the best known is the occupied West Bank, where Palestinians, including children, are prosecuted in Israeli military courts while Israeli settlers living in the same territory are dealt with under Israeli civilian law [1].
The chart above compares the two systems for children. Its figures are not sourced on the graphic, so this article checks them against Military Court Watch, a monitoring group that publishes a detailed comparison of the two sets of rules [1].
Why two legal systems apply in the West Bank
Military Court Watch explains that in the West Bank Israel exercises penal jurisdiction both over Palestinians and over Israeli citizens living in settlements. Technically Israeli military law applies to both groups, but in practice it is applied only to Palestinians, while Israeli civilian law is applied to settlers [1]. The result is that two children of the same age, arrested in the same place for the same offence, can face very different rules depending on whether they are Palestinian or Israeli.
How the rights of children differ
Military Court Watch’s comparison sets out these differences for children [1]:
| Right or rule | Israeli civilian law | Israeli military law |
|---|---|---|
| Minimum age of criminal responsibility | 12 | 12 |
| Minimum age for a prison sentence | 14, or 12 for murder, attempted murder and manslaughter (since November 2015) | 12 |
| Time before seeing a judge | 12 hours (age 12 to 13), 24 hours (age 14 to 17) | 24 hours (age 12 to 13), 48 hours (age 14 to 15), 4 days (age 16 to 17), can be doubled in special circumstances |
| Access to a lawyer, criminal offences | 48 hours | 96 hours |
| Access to a lawyer, security offences | 21 days | 60 days; the right to consult a lawyer can be suspended for up to 90 days |
| First court extension of detention for investigation | 10 days | 15 days |
| Ban on interrogation at night | Yes | No |
| Detention between charge and end of trial | 6 months | 1 year |
| Legal right to a parent during questioning | Yes (exceptions apply) | No |
Source: Military Court Watch [1]. Rules change, so check the current position before relying on any figure.
Time before seeing a judge and a lawyer
The biggest practical differences come in the first days after arrest. The chart gives Israeli children 12 to 24 hours before they must be brought before a judge, depending on age, and Palestinian children 24 to 72 hours. For older teenagers Military Court Watch gives a longer military figure than the chart: 4 days, which it says can be doubled in special circumstances [1].
On access to a lawyer, the chart’s contrast of 48 hours against 90 days mixes two categories. Military Court Watch gives 48 hours under civilian law and 96 hours under military law for ordinary criminal offences, and for security offences 21 days under civilian law against 60 days under military law, with the military right to consult a lawyer able to be suspended for up to 90 days [1]. Either way, a Palestinian child can be questioned for longer without legal advice.
Detention without charge and before trial
The chart says an Israeli child can be held for up to 40 days without charge and a Palestinian child for up to 188 days. The same two figures appear in an earlier graphic, “Visualizing Occupation” by Michal Vexler, published in November 2012 with the Council for Arab-British Understanding named as its source [2]. We could not find a current legal source for them.
For the period between charge and the end of the trial, Military Court Watch gives a maximum of 6 months under civilian law and 1 year under military law [1]. The chart’s figures for time before trial (30 days and 60 days) could not be verified.
Parents, sentencing and prison
Civilian law also bans interrogating children at night; military law does not [1]. Israeli civilian law gives a child a legal right to have a parent present during questioning, with exceptions. Military law gives no such right [1].
A Palestinian child can be sentenced to prison from age 12 for any offence under military law. Under civilian law the minimum age is 14, except that since a November 2015 amendment 12 and 13 year olds can be imprisoned for murder, attempted murder and manslaughter [1].
The chart’s final row says 6.5% of Israeli children convicted at age 14 go to prison, against 90% of Palestinian children. In the 2012 graphic these figures referred to detained minors over 14 and over 12 respectively [2]. We could not find the underlying data, so treat them as indicative only.
Can civilians be tried in military courts elsewhere?
In most democracies, civilians are tried in ordinary courts, and military courts are kept for members of the armed forces. The West Bank is unusual because a whole civilian population has been subject to military courts for decades, which is why the system draws so much scrutiny from monitoring groups and lawyers [1].
Questions about military court vs civilian court
Can civilians be tried in military court?
Usually not, but there are exceptions. In the West Bank, Palestinian civilians, including children, are tried in Israeli military courts, while Israeli settlers are dealt with under civilian law [1].
How is a military court different from a civilian court?
Military courts are run by the armed forces under military law. For children in the West Bank, Military Court Watch lists longer periods before seeing a judge or a lawyer, longer detention before the end of trial, no legal right to a parent during questioning and prison sentences possible from age 12 [1].
At what age can a child be imprisoned under Israeli military law?
From age 12, for any offence. Under Israeli civilian law the minimum is 14, or 12 for murder, attempted murder and manslaughter since November 2015 [1].
How long can a Palestinian child be held without charge?
The chart gives 188 days, against 40 days for an Israeli child. The same figures appear in a 2012 graphic citing the Council for Arab-British Understanding [2]; we could not confirm them against current law.
Sources
- Military Court Watch, Discrimination, comparison of Israeli civilian and military law as applied to children.
- Window Into Palestine, Visualizing Occupation: Palestinian and Israeli children under Israel’s legal regime, graphic by Michal Vexler, November 2012.
Last reviewed 2 November 2026
