Terrorist or Child Soldier…Aggressor or Victim?
Teen terror suspect argues that current international law regarding to the use of child soldiers, rules out over the the governments efforts to prosecute him as a war criminal. Omar Khadr, was only 15 years old when he was captured and detained by United States military forces in July 2002, for throwing a grenade which fatally wounded a U.S. army sergeant.
Khadr, who is a Canadian citizen, and who’s father was a financial supporter of Osama bin Laden, appeared in court today at Guantanamo Bay, Cuba. Khadr’s defense lawyers argue that their is not substantial legitimacy of the military commission, which was created by the U.S. Congress in 2006. The defense argues that the commission was never intended for the trial of child soldiers, as it has no provisions for their rehabilitation, despite popular standing for rehabilitation. Additionally the defense team argued that international law specifically prohibits the trial of children as war criminals.
The United States has ratified a U.N. protocol calling for the rehabilitation of child soldiers and has given education support to former child soldiers in Afghanistan. however the International Criminal Court (ICC) has a statute making the conscription, or enlistment, of children or using them to participate actively in hostilities a war crime, however the statute is specific to children under the age of 15.
Regardless of the outcome the case has drawn international attention, and will set precedent for future cases, both within domestic and international courts, as sadly the number of child soldiers, and, or terrorists continues to blight the future.
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