Just You; Just Me; Justice

Last week the military trial of a Canadian “war criminal” began in Guantanamo Bay, Cuba. The defendant’s name is Omar Ahmad Khadr and he’s 19 years old. He was captured by the American Army in Afghanistan four years ago. He is charged with the death of an American Medic during a battle in Kabul, among other crimes. Muneer Ahmad is his civilian attorney.

Military law is different from conventional civilian law because it operates under different rules. Khadr has been assigned 4 military attorneys, whose principal has never tried a case like this before. They can consult with Khadr’s civilian lawyer but he may not be granted any status during the tribunal. The prosecution, which has already determined that Khadr is a “terrorist” in public statements, will have 7 military attorneys.

Military law serves a different purpose. It operates outside the scope of conventional law and the judges, also from the military, act as jurors. The tribunal is used as a means to establishing rules of law under war. But the United States is not formally at war: that has to be granted by Congress. Khadr’s trial before a U.S. military tribunal offers a different criteria to determine guilt and appropriate sentencing. Evidence can range from factual proof to hearsay; classified evidence to enforced confessions. Speed is the order of the day, not due process. The defense has time restrictions imposed on it by the judge which inhibits the gathering of evidence in support of the accused.

The appeal process is also a challenge. The accused would have to petition a panel of review to reexamine the decisions made during the tribunal with the final decision being made by the Commander-in-Chief, AKA The President of the United States. Even if Khadr is found innocent of the charges he may not go free. Donald Rumsfeld has said that suspects like those in Guantanamo Bay, could not count on being released after a tribunal.

Now considering all of the rhetoric about the supposed “war on terror” from the Bush gang to the comments from Col. Moe Davis, the chief prosecutor in this tribunal, it is doubtful that “justice” will serve Khadr.

That’s just my opinion. I could be wrong.