Posted on 08/15/2009 2:58:41 AM PDT by Clive
OTTAWA — Despite losing a second court battle, Prime Minister Stephen Harper appears unwilling to comply with a federal court order demanding his government seek the return of Omar Khadr to Canada.
In a 2-1 ruling, the Federal Court of Appeal rejected Harper’s appeal to an earlier decision that demanded his government ask the U.S. to release Khadr from Guantanamo Bay.
Describing the ruling as a “split decision” Harper hinted that he would be willing to take up the legal battle to avoid bringing Khadr home further.
“The Department of Justice will be examining that decision and obviously I won’t be commenting until we see their analysis and their recommendations,” Harper said.
Khadr has been a prisoner at Guantanamo Bay, Cuba, since 2002, accused of killing a U.S. soldier with in Afghanistan that same year when he was just 15 years old.
Khadr is the only remaining Westerner being held in Cuba and Canada is the only country not to have demanded, and received back, citizens held there.
“I am taking this opportunity today to plead with the Canadian government that they stop the legal wrangling and ask the United States to bring Mr. Khadr home,” said Liberal foreign affairs critic Bob Rae.
(Excerpt) Read more at cnews.canoe.ca ...
Khadr was captured by US forces during a firefight in Afghanistan in July 2002.
Canada was a belligerent allied to the US in that war commencing in October 2001 when Prime Minister Prime Minister Jean Chrétien announced that Canada would contribute forces to the invasion of Afghanistan.
JTF2 bricks (special forces) were in Afghanistan by December 2001 and Canadian regular forces began to arrive in January and February 2002.
So, altough Khadr holds Canadian citizenship he was acting as an enemy combatant against US forces and hence against Canada.
Canada is entitled to let the legal process play out in the US which has care, custody and control of this enemy combatant.
Whether he is a simple combatamt or is guilty of a war crime is a matter to be determined by the nation that was offended by his alleged criminal act, to wit, the US.
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Captured combatants are generally held for the duration of hostilities. The Geneva Convention on the Law of Land Warfare holds few protections for “irregular combatants”, those who do not wear uniforms and carry arms openly. He’s entitled to court-martial and a firing squad. Determination of the an irregular’s status is at the sole discretion of the nation which captured him.
I’d agree with your analysis, Clive. And good on Harper for not wanting this slimeball back. He can’t be executed so why should Canada re-patriate him?
He’s a menace to himself and others. Let him rot.
This ahole comes from a long line of terrorists who should NEVER have been allowed to enter Canada, much less granted citizenship.
Just wondering, how does the court expect to enforce this ruling? Does a "stiff" diplomatic note suffice? Handed over with a wink and crossed fingers, no doubt.
This Canadian would like him sent back to whatever Hell Hole his DNA originated from, via Air Mail without a parachute. He ought never set foot on Our Home and Native Land again. Good on Mr Harper for seeing to it.
Agreed. Now hang the little bastard, he is an enemy of Canada so fuck him along with the rest of the Khadr families, and if we’re too squeemish than let the Yanks do it because they’re the only people with the bloody balls to face down our enemies it seems.
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