A Collaboration with the University of Pittsburgh

Military prosecutors file appeal against dismissal of Khadr charges

[JURIST] US military prosecutors have filed an appeal against a military judge's decision to dismiss charges against Guantanamo detainee Omar Ahmed Khadr [TrialWatch profile; JURIST news archive], according to the Department of Defense (DOD) Friday. In late June, Judge Peter E. Brownback III reiterated his earlier ruling [order, PDF] dismissing charges against Khadr on grounds that the Combatant Status Review Tribunal [DOD materials] that reviewed Khadr's status had not found him to be an "unlawful enemy combatant" [JURIST report] as required under the Military Commissions Act of 2006 [PDF text]. Prosecutors argue that a military panel had found Khadr to be an "enemy combatant," which was essentially the same as an "unlawful enemy combatant."

Khadr, a Canadian national, was formally charged [charge sheet, PDF; JURIST report] in April with murder, attempted murder, conspiracy and providing material support for terrorism, as well as spying. He was 15 years old when he was detained in 2002. Khadr allegedly threw a grenade that killed one US soldier and wounded another while fighting with the Taliban in Afghanistan. He has remained in US custody despite the dismissal of charges. Reuters has more.

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.