Article

The kids before Khadr : Haitian refugee children on Guantanamo : a comment on Richard J. Wilson's Omar Khadr : domestic and international litigation strategies for a child in armed conflict held at Guantanamo

Kate Jastram

• Santa Clara journal of international law, Vol. 11, no. 1, 2012, p. 81-98

English

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Richard J. Wilson provides an invaluable insider’s account of international law in the case of Omar Khadr. A number of themes in his troubling essay are worthy of further reflection. This Comment focuses on the kids before Khadr, the Haitian children whose dangerous escape by sea from their violent, impoverished homeland ended in military custody on Guantanamo. While other Guantanamo narratives have examined the important constitutional and law of war precedents such as Johnson v. Eisentrager, it was the Haitian refugees’ legal struggles in the 1990s that set the stage for the post-9/11 litigation over what rights, if any, could be claimed by Khadr and other non-U.S. citizens held there.

• Full text

• Richard J. Wilson : Omar Khadr : domestic and international litigation strategies for a child in armed conflict held at Guantanamo