5 May 2010 – A United Nations envoy today reiterated her call for the immediate release of the last child soldier still being held in Guantanamo Bay, voicing concern that his case has been brought to trial under a United States military commission and that he has been charged with war crimes.
Omar Khadr, a Canadian citizen, was arrested in Afghanistan in 2002 when he was 15 years old. He has been in US custody for the last seven years, having spent much of his time in solitary confinement.
Radhika Coomaraswamy, Secretary-General Ban Ki-moon’s Special Representative for Children and Armed Conflict, called on the Governments of Canada and the US to respect the Optional Protocol to the Convention on the Rights of the Child and release Mr. Khadr into Canadian custody.
The Optional Protocol aims to increase the protection of children during armed conflicts. It requires that all States parties “take all feasible measures” to ensure that members of their armed forces under the age of 18 do not take a direct part in hostilities, and reminds nations that children under 18 are entitled to special protection and so any voluntary recruitment under the age of 18 must include sufficient safeguards.
Ms. Coomaraswamy today urged Canada and the US to treat Mr. Khadr as a child soldier and undertake efforts to rehabilitate him.
“Like other children abused by armed groups around the world who are repatriated to their home communities and undergo re-education for their reintegration, Omar should be given the same protections afforded these children,” she emphasized.
“Trying young people for war crimes with regard to acts committed when they are minors could create a dangerous international precedent,” the official warned.