that are overridden by the MCA but did not mention the JDA See eg 10 USC 948bd

That are overridden by the mca but did not mention

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that are overridden by the MCA, but did not mention the JDA. See, e.g. , 10 U.S.C. § 948b(d). By its terms, then, the JDA governs Petitioner’s case; and in enacting the MCA, Congress 30
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provided no indication that it intended to abrogate the extensive statutory framework that governs the prosecution of juvenile offenses by the federal government. See 18 U.S.C. §§ 5031, et seq . The best reading of the entire statutory framework is that the JDA has not been repealed by implication, and that the MCA does not confer jurisdiction over juveniles. 16 C. Interpreting the MCA to Confer Jurisdiction over Juveniles Would Conflict with the United States’ Obligations under the Child Soldier Protocol Interpreting the MCA to confer jurisdiction over juveniles would also create a conflict with U.S. obligations under the Child Soldier Protocol, which requires that child soldiers be de- mobilized and assisted with rehabilitation and reintegration into society. Signed by more than 80 countries, the Child Soldier Protocol was enacted to address the serious problem of children who are coerced into becoming soldiers as a “result of indoctrination, incitement to vengeance, . . . severe pressure, . . . or simply immaturity.” U.N. Comm’n on Human Rights, Report of the Working group on a draft optional protocol to the Convention on the Rights of the Child on involvement of children in armed conflicts on its fourth session, U.N. Doc. E/CN.4/1998/102, at ¶ 28 (Mar. 23, 1998). The United States ratified the Child Soldier Protocol on December 23, 2002, and the treaty went into effect for the United States on January 23, 2003. G.A. Res. 54/263, U.N. Doc. A/RES/54/263 (May 25, 2000) (entered into force Feb. 12, 2002). The Child Soldier Protocol establishes a bright-line rule that persons under 18 may not be recruited by or serve in non-state armed groups, providing expressly that “[a]rmed groups that are distinct from the armed forces of a State should not, under any circumstances, recruit or use 16 The MCA’s provisions are inconsistent with other aspects of U.S. law as well. For example, the MCA permits imposition of the death penalty, but does not restrict its imposition to adults. See 10 U.S.C. § 949u. If Congress had intended for the MCA to apply to juveniles, it would have explicitly prohibited the imposition of the juvenile death penalty, given that the Supreme Court of the United States struck down the juvenile death penalty as cruel and unusual punishment only one year prior to the enactment of the MCA. Roper , 543 U.S. 551. 31
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in hostilities persons under the age of 18 years.” Id. , Annex I, art. 4(1) (emphasis added). 17 The Protocol further provides that juveniles who are, despite the Protocol, recruited or used in armed hostilities by a non-state armed group must be treated as “victims” of acts contrary to the Protocol. Id . art. 7(1). Rather than detaining or punishing such child soldiers as adult combatants, States Parties must “cooperate in the implementation of the present Protocol, including in the prevention of any activity contrary to the Protocol and in the rehabilitation and
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  • Summer '16
  • Ramon Wawire
  • Supreme Court of the United States, Habeas corpus, Hamdan v. Rumsfeld, Boumediene v. Bush, military commission

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