he U.S. war crimes tribunals at Guantanamo came to a screeching halt on Monday when a military judge dropped all the charges against a young Canadian in a ruling that could preclude trying any of the 380 prisoners.
Army Col. Peter Brownback, the judge, said the military tribunal lacked jurisdiction over Canadian Omar Khadr because he did not meet the definition of those subject to trial under a law the U.S. Congress drafted last year.
The judge said a military review board had labeled Khadr an "enemy combatant" during a 2004 hearing in Guantanamo. But the Military Commissions Act adopted by the U.S. Congress in 2006 said only "unlawful enemy combatants" could be tried in the Guantanamo tribunals.
Brownback said Khadr did not meet that strict definition because there had been no formal proceeding designating him as unlawful.
Because none of the 380 foreign captives held at Guantanamo have been designated in that way, lawyers said they could not be tried unless they first faced proceedings reclassifying them as unlawful enemy combatants.
Brownback dismissed the charges against Khadr, but left open the possibility that charges could be re-filed if Khadr went back before a review board and was formally reclassified.
Another example of the amazing incompetence of the Bush administration. All of the prisoners are held under the wrong label, rendering every case invalid.
Of course, they will simply be recategorized and retried. But it is still amusing.
Jay