Looks like somebody made an embarrassing technical error so all the charges were dismissed against Omar Khadr. They had him labelled an "enemy combatant" when it should have been an "unlawful enemy combatant". This doesn't mean he'll be released anytime soon because the US can just keep him in Gitmo until hell freezes over. But it will make the US look even more incompetent if they re-charge him. They already look like they're making these rules up as they go along so recharging him would only confirm that impression. None of the other Gitmo prisoners were deemed "unlawful" either so there will be some serious backpedalling and reclassifying before any more of these prisoners are tried.
http://www.theglobeandmail.com/servlet/story/RTGAM.20070604.wkhadr0604_1/BNStory/International/home
U.S. case against Khadr collapses
PAUL KORING
Globe and Mail Update
June 4, 2007 at 1:09 PM EDT
GUANTANAMO BAY, Cuba — All charges against Canadian Omar Khadr were dismissed Monday by a U.S. military judge, who ruled that his tribunal had no jurisdiction to try the alleged terrorist because the government had failed to designate him an "unlawful enemy combatant.''
"Charges are dismissed without prejudice,'' Colonel Peter Brownback said. Congress created the military tribunals to try only so-called "unlawful'' enemy combatants. The military panel that ruled on Mr. Khadr's status designated him only as an "enemy combatant'' in 2004.
Mr. Khadr showed no emotion when the ruling was announced. It was not clear that he understood the ruling. He was quickly hustled out of court.
The judge ruled that his court had no jurisdiction because Congress created the tribunals to deal only with "unlawful enemy combatants.''
Whether Monday's legal bombshell really means that Mr. Khadr faces no charges and might perhaps even be released, or whether the government will find a way to recharge him remains unclear.
At very least it is a huge embarrassment and perhaps a fatal legal setback for the Bush administration, which created the military tribunals system to try alleged foreign terrorists.
The "unlawful'' element of the enemy combatant designation is crucial. For instance, throwing a grenade – as Mr. Khadr is alleged to have done at the end of a firefight in Afghanistan in 2002 – would be a legal act by a lawful enemy combatant. Only if Mr. Khadr were an "unlawful'' combatant could such an act be a war crime or murder.
Mr. Khadr will not be released because of Monday's ruling. The Bush administration has already said he might be held as a prisoner until the end of hostilities in the so-called war on international terrorism.
The jurisdictional issue may, however, affect hundreds of detainees.
None of those who have been through the combatant status panel process have been deemed "unlawful'' enemy combatants.
Wearing drab prison garb and flip-black flops during the two brief sessions Monday, Mr. Khadr refused to stand as his hearing began – signalling disdain for the U.S. military tribunal that was intended to try him on murder and terrorist charges.
Mr. Khadr, now 20 and with a full beard and unruly hair, said nothing during the two sessions.
He has spent more than five years in prison – most of it in solitary confinement at the U.S. naval base at Guantanamo Bay, Cuba – and has gone through one previous false start that scrubbed when the U.S. Supreme Court rejected the military tribunals process as unjust.
Rights groups have cited him as a case study in the myriad flaws in the whole Bush administration's approach to dealing justice to terrorist suspects.
“It's an extremely significant case,” said Jumana Musa, advocacy director at Amnesty International. Ms. Musa said that Mr. Khadr deserves the protections afforded child soldiers under international law because he was a juvenile when the gun battle occurred.
U.S. officials scoff that Mr. Khadr was a child when the alleged incident occurred, saying he was both capable of making his own decisions and actively chose to side with al-Qaeda.
“He could have surrendered,” said John Bellinger, legal adviser to U.S. Secretary of State Condoleezza Rice.
The government of Prime Minister Stephen Harper is one of the few – even among the closest allies of the United States – to have voiced no criticism of the tribunal process and it made no effort to bring its citizen home from Guantanamo.
“There no way for a deal [to bring Mr. Khadr home] unless someone is willing to push,” Ms. Musa said.
She remains puzzled by the seeming lack of support for Mr. Khadr's case in Canada.
In the wake of the capture of its sole Guantanamo detainee, Australia pressured the United States for a repatriation agreement.
The detainee plea-bargained a deal, has been sent home to serve a short sentence and should be free by the end of the year.
http://www.theglobeandmail.com/servlet/story/RTGAM.20070604.wkhadr0604_1/BNStory/International/home
U.S. case against Khadr collapses
PAUL KORING
Globe and Mail Update
June 4, 2007 at 1:09 PM EDT
GUANTANAMO BAY, Cuba — All charges against Canadian Omar Khadr were dismissed Monday by a U.S. military judge, who ruled that his tribunal had no jurisdiction to try the alleged terrorist because the government had failed to designate him an "unlawful enemy combatant.''
"Charges are dismissed without prejudice,'' Colonel Peter Brownback said. Congress created the military tribunals to try only so-called "unlawful'' enemy combatants. The military panel that ruled on Mr. Khadr's status designated him only as an "enemy combatant'' in 2004.
Mr. Khadr showed no emotion when the ruling was announced. It was not clear that he understood the ruling. He was quickly hustled out of court.
The judge ruled that his court had no jurisdiction because Congress created the tribunals to deal only with "unlawful enemy combatants.''
Whether Monday's legal bombshell really means that Mr. Khadr faces no charges and might perhaps even be released, or whether the government will find a way to recharge him remains unclear.
At very least it is a huge embarrassment and perhaps a fatal legal setback for the Bush administration, which created the military tribunals system to try alleged foreign terrorists.
The "unlawful'' element of the enemy combatant designation is crucial. For instance, throwing a grenade – as Mr. Khadr is alleged to have done at the end of a firefight in Afghanistan in 2002 – would be a legal act by a lawful enemy combatant. Only if Mr. Khadr were an "unlawful'' combatant could such an act be a war crime or murder.
Mr. Khadr will not be released because of Monday's ruling. The Bush administration has already said he might be held as a prisoner until the end of hostilities in the so-called war on international terrorism.
The jurisdictional issue may, however, affect hundreds of detainees.
None of those who have been through the combatant status panel process have been deemed "unlawful'' enemy combatants.
Wearing drab prison garb and flip-black flops during the two brief sessions Monday, Mr. Khadr refused to stand as his hearing began – signalling disdain for the U.S. military tribunal that was intended to try him on murder and terrorist charges.
Mr. Khadr, now 20 and with a full beard and unruly hair, said nothing during the two sessions.
He has spent more than five years in prison – most of it in solitary confinement at the U.S. naval base at Guantanamo Bay, Cuba – and has gone through one previous false start that scrubbed when the U.S. Supreme Court rejected the military tribunals process as unjust.
Rights groups have cited him as a case study in the myriad flaws in the whole Bush administration's approach to dealing justice to terrorist suspects.
“It's an extremely significant case,” said Jumana Musa, advocacy director at Amnesty International. Ms. Musa said that Mr. Khadr deserves the protections afforded child soldiers under international law because he was a juvenile when the gun battle occurred.
U.S. officials scoff that Mr. Khadr was a child when the alleged incident occurred, saying he was both capable of making his own decisions and actively chose to side with al-Qaeda.
“He could have surrendered,” said John Bellinger, legal adviser to U.S. Secretary of State Condoleezza Rice.
The government of Prime Minister Stephen Harper is one of the few – even among the closest allies of the United States – to have voiced no criticism of the tribunal process and it made no effort to bring its citizen home from Guantanamo.
“There no way for a deal [to bring Mr. Khadr home] unless someone is willing to push,” Ms. Musa said.
She remains puzzled by the seeming lack of support for Mr. Khadr's case in Canada.
In the wake of the capture of its sole Guantanamo detainee, Australia pressured the United States for a repatriation agreement.
The detainee plea-bargained a deal, has been sent home to serve a short sentence and should be free by the end of the year.
