Two stories in The Star today about Omar Khadr.
One on a video tape that was released to the press, despite not having been allowed to be aired in court. Oops wonder how that happened?
The lawyer for detained Canadian terror suspect Omar Khadr accused the U.S. government yesterday of abusing the legal process after CBS News broadcast for the first time a controversial video recording which allegedly shows his client manufacturing explosive devices.
“I think it’s outrageous that this tape has been released without the approval of the court,” lawyer Dennis Edney said in Edmonton.
Long seen as a key piece of evidence against Khadr in the eyes of the prosecution, Edney believes the U.S. government leaked the video after stalled proceedings prevented it from being shown in court.
The courtroom airing of the 12-minute tape, which allegedly shows a 15-year-old Khadr planting land mines and assembling bomb timers, was delayed during a hearing Nov. 8. The recording was broadcast Sunday on the CBS newsmagazine show 60 Minutes.
The second story deals with the fact that at the time of his imprisonment Khadr was a child soldier. A fact that seems conveniently forgotten in many reports.
The former U.S. prosecutor for Sierra Leone’s war crimes trials has joined those now pushing for Khadr’s release and rehabilitation.
In an interview with the Toronto Star, David Crane questioned how the U.S. and Canada could be sympathetic to the plight of Africa’s child soldiers who are forced to commit atrocious crimes but not Khadr, who was 15 when he was captured in Afghanistan.
“This is the first time in history that a child has been prosecuted for war crimes,” said Crane. “This is just horrific. I think it reflects badly on the way the world should go in its protection of children. We should be seeking out and trying to, as the UN has done in many initiatives, to stamp out child soldiers.”
Crane, now a professor at Syracuse University College of Law, said he believes Canada’s international reputation as a protector of human rights has been tarnished by its support of the Pentagon’s prosecution of Khadr. “I’m just not sure why the Canadian government, which was tremendously important in my work in West Africa, they were incredibly supportive, is not making a bigger deal of this.”
{Emphasis mine}
That is a question many of us would like answered.
While both the Geneva Conventions and the Convention on the Rights of the Child do have provisions dealing with the prosecution of children older than 15, there has never before been a war crimes trial of someone younger than 18.
This is due to customary international law; in other words, how the conventions have been interpreted, argues Canadian international law professor Michael Byers. Because the conventions recognize child soldiers as under 18 and require they be given special protection, Byers says, keeping Khadr behind bars for five years and trying him for war crimes would violate those international treaties.
Ah yes the quaint Geneva Conventions. How can such an important country, the epitome of democracy, the example to the world, be expected to follow laws they helped craft?
“There’s a general idea that, hey, a 14- or 15-year-old probably knows that it’s wrong to steal, it’s wrong to kill, it’s wrong to do various things that are anti-social. In war, those norms don’t apply. In war, it is okay to kill, it is okay to destroy property, it is okay to do things (it is) not otherwise okay in normal life to do.”
That’s why, Kuebler argues, children who were indoctrinated into war can’t be expected to understand the laws of armed conflict.
“Is it any way reasonable to expect a child to understand these highly nuanced, sophisticated concepts of the war of armed conflicts that say you can kill people but you can only kill people if you’re wearing certain clothes?”
Interesting world we live in, killing American soldiers is a crime. Killing innocent Afghan and Iraqi citizens is not.
The abandonment of Khadr to the regime in America is a shame that the Harper Government™ carries.
I am from vancouver and i wanted to say a few words concerning Omar Khadr.He should”nt be at guantanimo prison.Canada is the only western country that got any of their citizens there.
The canadian gov. is not trying to get Omar Khadr out of there.It is an embarressment to the rest of the world.It shows that the canadian gov. dont care about its own citizens.
The unions and other organizations in canada should take this matter up and do something about it.
Stan Squires
he commited murder why would we want him on the streets in canada? what about the family of the murdered soldier, are we forgetting about that.
In fact Michael quite some time ago footage was provided that showed the “official” story was bullshit, the soldier was killed by friendly fire and Kahdr had his back turned to the whole thing.
Perhaps a more inquiry and a little less bandwagon would help you see clearly.
Hi April Reign, some interesting news, the judge, Colonel Peter Brownback III who refused to recognize Omar as a child soldier but rather as a enemy combatant has just been replaced. Wonder whats about to happen?
PS this was a very informative post. I sure hope he comes home soon.
@Hazel –
apparently only a guilty verdict is acceptable. :X
it could have been a canadian soldier who was killed and then what would we want to do with him. why was he over their, he wasnt up to any good,
@michael anderson –
And if it had been a Canadian soldier it still would not have been Khadr that killed him. His back was turned to the fighting. He was a child at the time. The report, like the misnamed intelligence, was doctored to show what they wanted it to show.
Actually, the courts did allow the tape to be released — over the government’s objection, I might add.
And Michael, even if Khadr did kill that U.S. soldier (which is highly questionable), in case you haven’t noticed he was a soldier defending against invaders. You simply don’t get prosecuted for that. And considering he was too young to have any choice in the matter, attacking his character is totally pointless.
Thanks so much for writing this. I completely agree with you. I am convinced that the two reasons Harper isn’t doing anything are
1) Khadr is Muslim. Yes, I believe our current Canadian government is racist and Islamophobic.
2) He killed an American. Had he killed another, even a Canadian, Harper would not hate Khadr as much.
Thanks again.
If anyone thinks that this young terrorist is as innocent as they profess, Ask yourself two questions.
1) This 15 year old was the only one remaining alive in the compound, and the only one possessing grenades which was the weapon that killed the that American Medic. Is throwing a grenade at a medic the act of an innocent?
2) would you really want to have the Kahdar family as your next door neighbors?
Perhaps you should do some research. after all there are a number of public statements made by this family.
@James –
Who is “they” James?
Perhaps you should educate yourself. Not only to the facts of the case but to the agreement Canada signed dealing with child soldiers.
Omar was a child soldier! He was brainwashed by a group of heartless, crazy monsters who had the heart to take advantage of a kid like him. He didn’t know any better, because he wasn’t taught any better! Child soldiers aren’t born to kill, they’re taught to kill. You can’t punish a child soldier for war crimes they were forced to commit! For someone like this, there is a strong chance of rehab, but prison will just destroy him completely.
George Bush is a bastard who obviously has no feeling. He operates a prison who puts people there without a trial and tortures them mercilessly, and he said anyone over 16 is to be tried as an adult – in violation of the Geneva Agreement! His government is made up of equally fucked up, automated robots.
I blame the parents for brainwashing him with that shit, but ask yourself this: Someone that young doesn’t just think, “Oh, I’ll just throw this grenade in that direction and whatever it hits, it hits.” They’re taught that all Americans are bad, so it’s the parents’ fault for not teaching him any better. It’s like that with all child soldiers. They don’t just decide on this for themselves.
@michael anderson –
You clearly didn’t bother to research this; there was at least one other militant in that compound when the grenade was thrown, and there is evidence that strongly suggests Khadr was already incapacitated by this point.