JLC has filed an amicus brief with the newly created Military Commissions and the U.S. Supreme Court (Case No. 06-1196) in support of a juvenile detainee, Omar Khadr, at Guantanamo Bay.
Khadr, a Canadian national, was seized in Afghanistan in July 2002 when he was 15 years old; he was subsequently transferred to Guantanamo Bay Naval Base where he has been detained for the past six years. He is the only child solider ever to be accused of a war crime in the United States. Throughout his detention Khadr was subject to interrogation and torture in the form of physical and psychological abuse. His juvenile status has not been taken into account in his treatment or in the conditions of his confinement at Guantanamo.
JLC’s briefs, filed in both courts, argue it would be illogical to find that Congress intended for the Military Commissions Act to have jurisdiction over juveniles given that federal law routinely accounts for the distinctive status of juveniles, and a growing body of developmental research confirms the existence of legally relevant distinctions between adults and juveniles.
More Documents
United States of America v. Omar Ahmed Khadr—JLC's Brief
Railroading a Canadian child-soldier—Article in National Post (January 17, 2008)
A case built on lies—Article in National Post (March 26, 2008)
Report of the Standing Committee on Foreign Affairs and International Development
Affidavit of LCDR William Kuebler—Lieutenant Commander, Attorney with the United States Navy
Government Charges—Conspiracy; Murder by an Unprivileged Belligerent; Attempted Murder by an Unprivileged Belligerent; Aiding the Enemy
Forensic Explosives Expert Witness
Defense Motion To Compel Production of Documents
Defense Motion To Compel Discovery—Statements of Omar Khadr
Defense Motion To Compel Discovery—Documents Relating to Investigation and Prosecution of Sgt [REDACTED], USA
Defense Motion To Compel Discovery—Eyewitness
Defense Reply—To Government Response to Motion to For Dismissal Due to Lack of Jurisdiction Under the MCA in Regard to Juvenile Crimes of a Child Soldier
