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Welcome Back, Khadr: Why Law Enforcement Approaches To Terror Don't Work

This is still filtering in but it looks like a stunning blow to the jurisdiction of the Gitmo military courts:

The AP is reporting that a military court today threw out murder charges against Omar Khadr on the grounds that the military commission system as constituted may only try "alien unlawful enemy combatants" and Khadr was only previously found to be an "enemy combatant." According to the defense lawyer in the case, none of the detainees at Gitmo have been found to be "unlawful" enemy combatants.

Meanwhile in Peru, an incarcerated narcoterrorist is back in business, leading Sendero Luminoso from his jail cell:

Shining Path Announces Abimael Guzman Resumes Leadership -- On 17 May Shining Path (SL) published a manifesto on its web page, Red Sun Review (Revista Rojo Sol), announcing that Abimael Guzman, who is serving a life sentence at the Callao Naval Base, had resumed leadership of SL.
No direct link on that one, sorry, but it's for real. The demise of the Shining Path was regarded as a great counterterror success, so this is particularly alarming.

Hmmm...maybe they've got a little help from Uncle Hugo. He's being so very helpful these days.

Post to del.icio.us

Posted by SeeDubya on June 4, 2007 12:41 PM
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This seems like a legal nicety - as they pointed out in Khadr’s case, they have video of him planting explosives while wearing civilian garb, so he was clearly an illegal combatant. I suspect that none of the others wore anything resembling a uniform, either.

It would help if someone with a legal background could review the changes in legal status of the detainees, which went from limbo, to tribunal-reviewed, to actual trials for those who would formerly have been held as POWs. In the effort to keep these guys from falling through a crack, it seems like they’ve been pushed into an inappropriate legal category.

Funny title, BTW.

Nah, this is not a big deal. All they have to do is recharge him with the right language:

“Judge Brownback at Guantanamo said Khadr could be re-charged if he undergoes a new hearing to determine his status, and if that process officially designates him an “unlawful enemy combatant.” That is the phrase used in the law passed last year by Congress to establish what is called the Military Commissions process for trying Guantanamo detainees.”

http://www.voanews.com/english/2007-06-04-voa41.cfm

Posted by Hondo on June 4, 2007 4:13 PM

Look, I had to work that headline in there somehow.

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