plainly establishes that upon capture juveniles improperly used in armed combat

Plainly establishes that upon capture juveniles

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plainly establishes that, upon capture, juveniles improperly used in armed combat executing); 138 Cong. Rec. S.4781-01 (daily ed., April 2, 1992) (declaring certain provisions of the International Covenant on Civil and Political Rights non-self-executing); Cong. Rec. S.7634- 02 (daily ed., June 24, 1994) (declaring provisions of the International Covenant on the Elimination of Racial Discrimination non-self-executing). Finally, the State Department’s article-by-article analysis confirms that Article 7(1) of the protocol creates an “obligat[ion]” on States Parties. Article Analysis, 2000 WL 33366017, at *45. 40
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must be demobilized, rehabilitated, and assisted with reintegration into society. Accordingly, even if the Government is able to establish some other basis on which to detain Petitioner other than the one it has invoked, it cannot continue to detain him as it has done for the last six years, in adult facilities, intermingled with the adult population, and without any systematic attention to the imperatives of rehabilitation and reintegration. As discussed above, the AUMF, passed a week after the September 11 attacks, authorizes the President “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.” AUMF § 2. Further, as was also discussed above, the phrase “necessary and appropriate force”—the source of authority for detaining persons at Guantánamo Bay—is limited by the law of war. See Hamdi , 542 U.S. at 517-31. And it is clear that the law of war requires that juveniles improperly used in armed conflict must, when captured, be demobilized and placed in an appropriate rehabilitation and re- integration program— not treated as adults and detained alongside adult detainees. As has been discussed, the Child Soldier Protocol is the most recent codification of law of war principles regarding the treatment of juveniles improperly used in armed conflict. And, as has also been discussed, the Protocol unequivocally requires that, if captured, juveniles used in armed conflict must be demobilized and assisted with reintegration and rehabilitation. See Section II.C supra ; Child Soldier Protocol art. 7; Hamdi , 542 U.S. at 520-21 (relying on treaties, including non-self- executing treaties, to define the limits on detention imposed by the law of war). The text imposing this rehabilitation obligation is “based on a U.S. proposal, . . . reflect[ing] the U.S. commitment to assist in bringing an end to th[e] tragedy [of child soldiers]”—a commitment the State Department reaffirmed when it recommended the Protocol to the Senate and stressed the 41
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nation’s “commit[ment] to continue to develop rehabilitation approaches that are effective in addressing this seriously difficult problem” of assisting child victims. Article Analysis, 2000 WL 33366017, at *45.
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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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