I was asked my thoughts on Omar Khadr.
I am a bit conflicted here. I have friends in the Forces and am in the Reserves myself (albeit as a lawyer that doesn't really mean much beyond paper pushing). So my instinct is really quite negative about anyone fighting the allied forces; especially so where the person fighting is a Canadian.
That said, at the time Khadr was captured he was fighting in a real war where his unit was surrounded and attacked. That sounds like a soldier's job.
Moreover he was 15 and that, to my mind, makes him a child.
So, what do I think?
I think Khadr should have been held as a prisoner of war and treated as such. If there is some cogent evidence to suggest he breached generally accepted rules of war (say attacked civilians while out of uniform) he should be tried by a court martial for that. What I have heard about the charges he faces suggest that he may have killed an enemy combatant during combat -- I don't like the fact he was fighting -- I don't like the fact he is a Canadian fighting allied forces -- I think maybe he could be tried here for something akin to treason (but as a 15 y.o. I doubt that would work) -- but he should not be in an American holding facility in Cuba.
4 comments:
You're a JAG eh? OK Lieutenant Morton, a few questions:
If Khadr "should have been held as a prisoner of war and treated as such," in what war was he fighting? And what evidence or documents can you point to to identify this war? Who are the parties in this war?
If Khadr was held as a prisoner of war by the United States, would he have to be released in the absence of a declaration by Congress if claimed by a diplomat from his home country?
You say that he "may have killed an enemy combatant." What court documents or primary sources can you identify to support this claim? I am interested not only in the claim that he killed someone, but also in the claim that person can be classified as an 'enemy combatant.'
Thanks for writing, Sir.
I'm actually stunned that there is an opinion here. Most of the postings are reports, and/or pictures of polar bears. Although they may be symbolic of the Liberal party being left out in the cold by the Canadian electorate.
Could you tell us what 'unit' Khadr was fighting with?I always thought he was just another alquaida terrorist like his father.
EEEK, and people wonder why I usually just make a post without an opinion... .
Look, Khadr was a child soldier who was fighting an invading army while defending Afghanistan. For my money the invasion was a liberation and Khadr had no business being there -- but he was doing a job as a soldier.
My thoughts, for what little they may be worth...
Look to this piece in the Post during the summer -- I think it says it well:
http://network.nationalpost.com/np/blogs/fullcomment/archive/2008/7/15/jonathan-kay-free-omar-khadr.aspx
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