Israeli Evidence Law (Protection of Children)

To reduce the harm caused to children during police investigations, particularly when obtaining evidence and testimony, the Israeli Evidence Law (Protection of Children) mandates that children up to the age of 14 may only be interviewed by designated and trained children’s investigators (social workers) in cases of sexual or extreme violence. However, until December 2023, acts of terrorism were excluded from this law.

Following the events of October 7, 2023, it became evident that collecting evidence and testimonies from children required a more cautious approach. As a result, on December 5, 2023, the Evidence Law was amended to extend the requirement of using children’s investigators in cases involving terrorism and hostilities that occurred between October 7, 2023 and December 5, 2024. The amendment covers children under the age of 15, with the exception of children being investigated as perpetrators of such acts. This period could be extended or reinstated by an order from the Minister of Justice.

For children aged 15 to 18, the Israeli Police, in collaboration with the National Council for the Child, conducted a training day to instruct officers on how to interview minors while considering their psychological well-being.

In practice, the police generally refrain from investigating children when an adult witness is available. To date, no child under the age of 15 has been interviewed in terrorism-related cases, and when children over 15 have been questioned, a psychologist has always been present to support their mental health during the process.