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Terrorist or Child Soldier?
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ShareApril 24, 2007 4:46 PM
Over the protest of human rights groups, the U.S. government has brought murder charges against a Canadian citizen, who was 15-years-old when he was accused of throwing a hand grenade at U.S. soldiers in Afghanistan.
The Department of Defense said Omar Ahmed Khadr, who has been held as an adult by the U.S. at Guantanamo for five years, will be referred to a Military Tribunal there within 30 days.
Born in Toronto, Khadr's family moved to Peshawar, Pakistan, when he was four. He was arrested in Afghanistan in 2002 after the hand grenade he allegedly threw killed one U.S. soldier and injured three others.
Amnesty International, Human Rights Watch and other human rights groups say Khadr should be treated as a child soldier, not an adult enemy combatant.
"We have grave concerns for him," says Beth Britton Hunter of Amnesty International. "He's been in prison for five years without a fair trial."
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Khadr's attorney, Kristine Husky, says Khadr has been abused and mistreated at Guantanamo.
"He's been treated much like the other detainees have been treated," she says. "He's been in and out of solitary confinement since he's been there. He's had no education since he's been there."
Khadr was raised in Afghanistan in an active Taliban family, and his father was killed in a 2003 gun battle.
Jo Becker, the Children's Rights advocate for Human Rights Watch, says it's alarming that Khadr's status as a child when charged has never been taken into consideration.
"The fact that he was recruited at a young age and that he was 15 when he allegedly committed these crimes, in our view, that's very relevant," says Becker.
In 2002, the U.S. ratified the Optional Protocol to the Convention on the Rights of the Child, which "prohibits the recruitment or use in hostilities of children under the age of 18 by rebel or other non-governmental armed groups and requires states to criminalize such practices." As part of the treaty, governments have the obligation to extend rehabilitation services to children who have been caught up in armed conflict.
Becker says the U.S. government's handling of Khadr's case is in direct conflict of the spirit of the treaty.
"It says that the U.S. has been very inconsistent in how it deals with this issue," says Becker. "For example, the U.S. has provided millions of dollars for rehabilitation programs for children in Africa and other countries," she says. "But if there's a situation where a child soldier may be engaging with U.S. troops, then all of the sudden the U.S. approach is different, and it starts taking a punitive rather than a rehabilitative approach."
A spokesman for the Department of Defense told ABCNews.com that age is not a factor when determining detention.
"We detain enemy combatants who engaged in armed conflict against our forces or provided support to those fighting against us. The fact that juveniles have been used as enemy combatants is an unfortunate reality in many parts of the world," the spokesman said.
Khadr's lawyers plan to appeal the charge and have filed a petition with the U.S. Supreme Court to stop the tribunal.
April 24, 2007 | Permalink | User Comments (29)
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I agree that we need to take more time care about out soldiers; however, we must also remember that even though this boy did some horrible things he is that just a boy. His level of cognitive development (still being an impressionable teenager) made him the perfect target to brain wash and use as a tool for someone else's hate. Let's aim our anger at the people who brain wash their own children for their personal agendas.
Posted by: Tricia | May 1, 2007 2:13:57 PM
He's just a kid for Christ's sake. This country has got to stop throwing the book at babies.
Posted by: Rubydragon | May 1, 2007 3:23:04 PM
I can not believe the treason I hear being spouted. This little punk killed an American and Liberals want to rehabilitate him. I suppose if he used the "N" word, or spit on a Homosexual they would be calling for the maximum penalty. We must be a very rich country indeed that we can waste so many recourses making a simple case into a mountain.
Posted by: Thomas | May 2, 2007 8:45:01 AM
ok i am not against anyones opinion here, but this is how the whole world feels about you America...if you don't like the Afghans and Iraqis then get out and let them live....they were ok when you weren't there...if they fight, let them fight between them, WHY in the world would you put your face first america? Easy its the oil that you need not world peace. You started it the fire, now you have to face it.
Posted by: DUBAI UAE | May 2, 2007 10:47:20 AM
When a soldier attacks an enemy on the battlefield, it is not "murder". He should be held as a prisoner of war until hostilities are over, then released.
Unfortunately, this is a "war" that will not have a definable end, so how long should he be held? This dilemma is what comes of Bush's nonsensical approach of declaring war on "terror", which is not an identifiable enemy but a tactic. Probably this particular fighter should be held until he is 21 (that would be one more year), then sent home. Ditto for other captured "child soldiers". But what of the adults?
Endless war is unacceptable. Find a way to bring the conflict to an end, then release the fighters.
Posted by: Dan Schwartz | May 2, 2007 9:58:01 PM
Living in Canada we hear about this little terrorist all the time. The facts are that this guys whole family is a group of terrorists. One of his brother is in a wheelchair and his father killed in battle with Pakistani forces. His older brother is wanted by the US. I say lock him up and throw away the key, plain and simple. He should be lucky hes even getting a trial.
Posted by: Keith | May 2, 2007 9:59:45 PM
What are we gonna do? Let him go so he can go back to Afghanistan and throw some more grenades and kill more Americans??
Posted by: Linda | May 3, 2007 7:19:25 AM
this "kid" chose to do what he did. He joined in "combat opreations", and was taken prisoner. He should remain a prisoner until the "war" is OVER. If that time never comes,,,, too bad. He's lucky that he hasn't had his head cut off. Just like some of his "compatriots" have been doing. IF YOU ARE GOING TO FIGHT... YOU MUST FIGHT WITH EVERYTHING AT YOUR DISPOSAL...IF YOU CAN'T STOMACH THAT....THEN YOU HAD BETTER NOT FIGHT... JUST LIE DOWN, ROLL OVER, AND LET THEM TAKE CONTROL OUR DESTANY. Former US Marine,,, Korean War 1952-52
Posted by: Richard | May 3, 2007 11:02:12 AM
Some of the comments on this site are alarming, especially the ones coming from former soldiers like the one from Richard. It's not enough to say, "well, at least we're not as bad as those other guys over there, beheading people and all." It puts us on an incredibly slipery slope. What's the point of defending american freedoms and ideals (based on our own law) if our government is able to bypass those laws and ideals by holding enemies in overseas prisons? As soon as America compromises on its values, it is already destroyed.
Posted by: Mike | May 3, 2007 12:28:36 PM
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