Omar Khadr : domestic and international litigation strategies for a child in armed conflict held at Guantanamo
Richard J. Wilson
Host item entries:
Santa Clara journal of international law, Vol. 11, no. 1, 2012, p. 29-79
The author will first examine, in Part I, the broad context of the Khadr case. That context includes the Khadr family background, the relevant law relating to children in armed conflict, the overall situation of juvenile detainees at Guantanamo Bay and elsewhere, and a bit of history on the prosecution of children in armed conflict. In Part II, he will document the efforts to put the issue of Omar’s youth before the Washington federal court in habeas corpus proceedings, including some effort to develop the facts relating to Omar’s capture and subsequent detention in Afghanistan and Guantanamo. In Part III, the author will examine the ways in which the question of juvenile status affected military commission proceedings, both before and after the Hamdan decision. In Part IV, the role of the Canadian courts in this complex array of litigation will be explored through the lens of Omar’s age. He will examine the ways in which the issue of Omar’s youth was addressed in proceedings before the Inter-American Commission on Human Rights in Part V, and Part VI will discuss the outcome of the Khadr case. It will also offer his own conclusions and reflections on the ways in which the international law of armed conflict and human rights interacted in these proceedings.