Child soldier defense tossed in GITMO case
A Canadian-born citizen captured in Afghanistan during the U.S.-led counterterrorism effort there at the age of 15 can be tried for murder, a judge said. U.S. Army Col. Peter Brownback denied an argument presented by lawyers for Omar Khadr, now 21, the he was illegally conscripted to fight for al-Qaida militants in Afghanistan and should be considered a child soldier rather than a war criminal.
Khadr is charged with murder for throwing a grenade at a U.S. soldier during a firefight in Afghanistan in 2002. Brownback noted in his opinion that the war crime tribunal carries no stipulation regarding the age of the detainees.
His counsel, Lt. Cmdr. William Kuebler, urged the military tribunal to drop the charges against Khadr in February. The ruling is “an embarrassment to the United States,” Kuebler said and noted Khadr would be the first child soldier ever tried for war crimes.
May 7th, 2008 at 8:08 pm
I have wondered if the defense isn’t barking up the wrong tree treating Khadr as a child soldier. Isn’t there something to be made of the fact that he was defending himself in a firefight? This hardly seems like ‘murder.’
May 8th, 2008 at 7:33 am
Granting the “enemy” the right to use the self defense argument? The Bush administration?