International Law and Laws of War and International Criminal Law - Prosecution of Child Soldiers - United States v. Omar Ahmed Khadr, (Military Comm'n Referred Apr. 24, 2004)
![handle is hein.journals/sujtnlr33 and id is 177 raw text is: INTERNATIONAL LAW AND LAWS OF WAR
AND INTERNATIONAL CRIMINAL LAW -
PROSECUTION OF CHILD SOLDIERS - United States v. Omar
Ahmed Khadr, (Military Comm'n, referred Apr. 24, 2004)1
INTRODUCTION
At Guantanamo Bay, Cuba, Omar Ahmed Khadr waits for
his trial for war crimes, allegedly committed when he was fifteen
years old, to resume.2 Mr. Khadr's case raises the question of
when, if ever, children should be prosecuted for violations of the
laws of war.3 In 2008, the Military Commission in the Khadr
case ruled that the law does not prohibit the prosecution of
juveniles for violations of the laws of war.4 While the Commis-
sion's holding may have been accurate as a matter of law, the
policy of the United States to detain and prosecute juveniles for
war crimes is inconsistent with the United States' obligations to
rehabilitate and reintegrate child soldiers.5
FACTS
Omar Ahmed Khadr, a Canadian citizen, was born on Sep-
tember 19, 1986 in Toronto, Canada.6 In 1990, at the age of
four, Khadr moved with his family to Pakistan and then in 1996,
to Afghanistan.7 On July 27, 2002, Khadr was captured by U.S.
forces and held in detention in Afghanistan for three months
1. Referred Charges, United States v. Omar Ahmed Khadr, (Military Comm'n,
referred Apr. 24, 2004), available at http://www.defenselink.mil/news/commissions
Khadr.html.
2. Id. (detailing alleged war crimes committed by Mr. Khadr).
3. See infra text accompanying notes 52-63 (analyzing issue of whether child
soldiers should be prosecuted).
4. Ruling on Defense Motion for Dismissal Due to Lack of Jurisdiction Under
the MCA in Regard to Juvenile Crimes of Child Soldier para. 7, Khadr, D-022 (Mili-
tary Comm'n, Apr. 30, 2008), available at http://www.defenselink.mil/news/commis-
sionsKhadr.html [hereinafter D-022 Ruling on Defense Motion for Dismissal Due to
Lack of Jurisdiction] (holding domestic and international law does not prohibit prose-
cution of juveniles and MCA authorizes prosecution).
5. See infra text accompanying notes 52-63 (determining child soldiers should not
be prosecuted).
6. Sworn Charges, para. 4, Khadr (Military Comm'n, Feb. 2, 2007), available at
http://www.defenselink.mil/news/commissionsKhadr.html.
7. Id. paras. 4, 7.](ViewImageLocal?handle=hein.journals/sujtnlr33&div=9&collection=journals&method=preview&ext=.png&size=3)
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