JURIST - Paper Chase: Khadr military commission charges reinstated

[JURIST] The US Court of Military Commission Review [DOD materials] Monday reinstated terrorism charges against Guantanamo Bay detainee Omar Khadr [JURIST news archive]. In June, a military commission judge dropped charges [order, PDF; JURIST report] against Khadr, ruling that the court had no jurisdiction because a Guantanamo Combatant Status Review Tribunal [DOD materials] had found that Khadr was an "enemy combatant," not an "unlawful enemy combatant" as required under the Military Commissions Act of 2006 [PDF text]. The appeals court held that the distinction was purely semantic and that the military tribunal system still had the authority to try Khadr.

Khadr was detained in Afghanistan in 2002 after allegedly throwing a grenade that killed one US soldier and wounded another while fighting with the Taliban. He was only 15 at the time. After earlier proceedings against him were effectively quashed by the US Supreme Court's rejection of presidentially-established military commissions as unconstitutional he was formally recharged [charge sheet, PDF; JURIST report] in April under the new Military Commissions Act with murder, attempted murder, conspiracy and providing material support for terrorism, as well as spying. AP has more.

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