Khadr, Omar fr

Country of proceedings: United States
Context of crimes: War on terrorism (Afghanistan)
Date: 2002 - present
Keywords: Terrorism, Law of armed conflicts (combatant/non-combatant, detention)

The Canadian citizen, Omar Ahmed Khadr, was captured in July 2002 in Afghanistan when he was 15 years old and was transferred to Guantánamo Bay in November 2002 where he is still imprisoned. The Combatant Status Review Tribunal (CSRT) concluded on 8 September 2004 that Khadr was an “enemy combatant”.

In November 2005, he was charged with conspiracy, murder, attempted murder and aiding the enemy. He was to be tried by the Military Commission, but it was later abolished after the Supreme Court ruled that military tribunals were unlawful.

New charges were sworn against Khadr on 2 February 2007, namely murder, attempted murder, conspiracy, providing material support for terrorism and spying. Khadr petitioned the U.S. Supreme Court to review the legality of the Military Commission and his detention, but his request was denied in April 2007.

On 4 June 2007, all charges against Khadr were dismissed because Khadr was not classified as an “unlawful enemy combatant”. The Military Commissions Act of 2006 says that military commissions do not have jurisdiction over those classified as “lawful combatants”. This decision was finally overturned and on 9 September 2007, charges were reinstated against Khadr. The trial is currently taking place.

Court Documents from the Military Commissions

07-11-2005 - Charges
02-02-2007 - Sworn Charges
24-04-2007 - Referred Charges
04-06-2007 - Motion Session (Charges Dismissed)
08-11-2007 - Arraignment

All Court Documents before the Military Commissions

Press releases

24-04-2007 - Military Commission Charges Referred

Other cases before the Military Commissions