They wear bright orange shorts and t-shirts identical to those of the adult detainees, the term �juvenile� enemy combatants being their only nominal distinction. They have received visits and occasional mail from the International Committee of the Red Cross. It is clear that they are also being interrogated, often up to 16 hours at a time.  Although none of the identities, nationalities or any other personal information have been released, Canadian officials believe that one of the children is 16-year old Omar Khadr, a Canadian national who may have had some arms training in an al-Qaeda camp in Afghanistan. If so, he will have been in US military custody since July 2002.

Health Risks of Detention of Children

Conditions like those in Guantanamo pose a serious risk to children. They are being held for long periods of time in virtual isolation. They are being interrogated without the benefit of family or legal support, are surrounded by staff not fluent in their language and not trained in the special needs and rights of children. Critically important is the right of detained children to maintain contact with family, by correspondence or visitation so as to ease their eventual reintegration into society.

Guantanamo Commander Major General G. Miller had determined back in August 2003 that the three youngest children between 13 and 15 had been "kidnapped into terrorism" and despite his recommendation at that time, those children were not set free until January of 2004. Whether these juveniles were pressed into militia service or �volunteered,� the sense of deception and abandonment must be tremendous, whether by their blood family or their �blood brothers.� Physical inactivity can compound boredom and unrest and exacerbate the effects of hormonal changes and mood swings, commonly experienced by teenagers. Their physical growth, muscular and cardiovascular, will suffer. Constant exposure to artificial light, will negatively impact their sleep-wake cycle, which in turn will cause further restlessness and depression. Research shows that children held in adult institutions are five times as likely to be sexually assaulted, twice as likely to be beaten by staff, fifty percent more likely to be attacked with a weapon and eight times as likely to commit suicide than those held separately in juvenile detention. At least in designated juvenile facilities, the guards have had some training and education regarding the special nature of juveniles. It is generally accepted that children under the age of 18 are far more vulnerable to psychological pressures. The negative impact of such detentions on these children�s mental health is immeasurable. A recent report by the ICRC mentions at least 32 suicide attempts among the detainees, without any specification of the ages of those involved. Officials would not comment whether the juveniles are among those receiving antidepressants. This �worrying deterioration� in prisoners� mental health prompted the ICRC to take the unusual step of joining other human rights organizations in publicly condemning the Guantanamo detentions back in October.

Once the three youngest boys were released, officials conceded they had been "kidnapped into terrorism"- thus one could argue Article 39 pertaining to the promotion of �physical and psychological recovery and reintegration of a child victim of inter alia..armed conflict� should be applied, as well as Article 40 setting forth the rights of children accused or alleged to have broken the law to be treated �in a manner consistent with the promotion of the child�s sense of dignity and worth,� reinforcing  a respect for �human rights and fundamental freedoms of others..� While the US is only signatory to the CRC, they have ratified the Optional Protocol to the CRC on the involvement of children in armed conflict, in which article 6 reaffirms that the rights of children require special protection and in paragraph 3 commits states parties to take �all feasible measures to ensure that persons within their jurisdiction recruited or used in hostilities contrary to the present protocol are demobilized or otherwise released from service� and should accord them �all appropriate assistance for their physical and psychological recovery and their social reintegration.�

Although the US government has not officially given the UN Secretary General notification and justification (art.4, ICCPR), it seems to be operating under the �assumptions of derogation�; specifically of articles 9, 10 and 14 of the International Covenant on Civil and Political Rights pertaining to security of person, detention, the presumption of innocence, the right to be expeditiously charged, and tried in the presence of self-selected counsel. Article 10, for instance, states that juveniles are to be separated from adults and brought as �speedily as possible� to adjudication, and legal proceedings involving juveniles should be such to �take account of their age and the desirability of promoting their rehabilitation� (art.14, 4). In addition to those infractions already mentioned, the situation and condition of the children�s detention in Guantanamo is also in violation of UN Standard Minimum Rules for the Administration of Juvenile Justice, �The Beijing Rules� and the UN Rules for the Protection of Juveniles Deprived of their Liberty. The children�s isolated confinement, their interrogations without counsel and their uncertain future could even be interpreted as a violation of Article 1 of the 1984 UN Convention against Torture and other Cruel, Inhumane or Degrading Treatment or Punishment. Including the ones enumerated the ICRC has compiled a list of over 40 articles and provisions within international humanitarian law and international human rights law applicable to children in war.