Brief of Juvenile Law Center as Amicus Curiae In Support of Petitioner's Motion for Judgment as a Matter of Law Based on His Juvenile Status
Marsha L. Levick
SummaryOriginal

Summary

Classifying a fifteen-year-old child soldier as an enemy combatant violates binding domestic and international law. The defendant has been confined with adult prisoners, denied access to age-appropriate education and services.

2008 | State Juristiction

Brief of Juvenile Law Center as Amicus Curiae In Support of Petitioner's Motion for Judgment as a Matter of Law Based on His Juvenile Status

Keywords enemy combat; child soldier; false confessions; interrogations; involuntary confessions; death penalty; disability; diminished capacity
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Summary of Argument

This case calls upon the Court to determine whether Omar Ahmed Khadr was appropriately classified as an "enemy combatant" by the Combatant Status Review Tribunal. Khadr was only fifteen years old when he was taken prisoner by United States forces on July 27, 2002. Amicus Curiae Juvenile Law Center ("JLC") supports Khadr's argument before this Court that classifying a child soldier as an "enemy combatant" contravenes binding domestic and international law. As a consequence of the government's erroneous determination that Khadr is an enemy combatant, he has been confined with adult prisoners throughout his detention at Guantanamo, and thus denied access to age-appropriate education,. and physical and mental health services. Perhaps most significantly, he has been denied the opportunity to rehabilitate and reintegrate into society. Amicus Curiae will demonstrate how the government's failure to provide basic educational, physical health and mental health services to Khadr is incompatible with federal and international law, national standards, and even the Department of Defense's own policies regarding juvenile detainees.

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Summary of Argument

The case of Omar Ahmed Khadr presents the legal question of whether his classification as an "enemy combatant" by the Combatant Status Review Tribunal was appropriate. Khadr, a child soldier at the time of his capture in 2002, argues that such a classification violates domestic and international law.

The Juvenile Law Center (JLC) supports Khadr's contention that the "enemy combatant" designation for child soldiers contravenes legal principles. The government's classification has resulted in Khadr's confinement with adult prisoners at Guantanamo Bay, depriving him of age-appropriate services such as education, physical and mental healthcare. This treatment, JLC argues, violates federal and international law, national standards, and the Department of Defense's policies regarding juvenile detainees. The consequences of this denial of services include hindered rehabilitation and reintegration into society.

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Summary of Argument

Omar Ahmed Khadr, a child soldier captured at age 15, is challenging his classification as an "enemy combatant" by the U.S. government. The Juvenile Law Center (JLC) argues that this classification violates both domestic and international law.

As a result of being labeled an enemy combatant, Khadr has been:

  • Held with adult prisoners at Guantanamo Bay

  • Denied access to education and health services appropriate for his age

  • Prevented from having the chance to rehabilitate and return to society

The JLC contends that the government's actions violate:

  • Federal and international laws

  • National standards

  • The Department of Defense's policies on juvenile detainees

These violations have deprived Khadr of essential services necessary for his development and well-being.

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Summary of Argument

Omar Khadr was just 15 when he was captured by U.S. soldiers in 2002. The government labeled him an "enemy combatant," which means they believed he was fighting against the U.S.

But the Juvenile Law Center (JLC) argues that calling a child soldier an "enemy combatant" is wrong. They say it goes against both U.S. and international laws.

Because Khadr was labeled an "enemy combatant," he has been kept in prison with adults at Guantanamo Bay. This means he hasn't had access to things that kids his age need, like education, healthcare, and mental health support. It also makes it harder for him to get back on his feet and become a productive member of society.

The JLC points out that the government's treatment of Khadr violates laws, national standards, and even the military's own rules for handling young prisoners. They believe that Khadr should be given the support and services he needs to recover and grow into a healthy adult.

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Summary of Argument

Omar Khadr was just 15 years old when he was captured by American soldiers in 2002 in his home country during a war. The government said he was an "enemy fighter," which meant he could be held prisoner with adults.

But some people think that's wrong. They say that children who are soldiers should not be treated like adult fighters. They should get special help, like education and healthcare.

Omar has been in prison for a long time, and he hasn't had access to these things. He hasn't been able to go to school or get the mental health help he needs.

The court is now deciding if it was right to call Omar an "enemy fighter." If they decide it was wrong, he might be able to get the help he needs to become a healthy and successful adult.

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Footnotes and Citation

Cite

Brief of Juvenile Law Center as Amicus Curiae in Support of Petitioner's Motion for Judgment as a Matter of Law Based on His Juvenile Status, Omar Khadr v. Robert M. Gates, No. 07-1156 (D.C. Cir. 2008).

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