Military Judge Refuses to Reinstate Charges Against Omar Khadr
Omar Khadr, the young Canadian Gitmo detainee whose charges were dismissed in early June because the judge ruled he had not been properly designated an enemy combatant, will not have his charges reinstated.
A military panel had declared Khadr an "enemy combatant" but Brownback said that did not meet the strict definition of the law that authorized the tribunals.
He said the distinction was critical because international law requires other types of trial for captives who are considered "lawful enemy combatants."
"The term 'unlawful' is not excess baggage, and it is not mere semantics, it is a critical predicate to jurisdiction," Brownback wrote in the ruling.
|< The EPC and the Forgotten Footnote | Sunstein: The Legal Academy's Broder >|