Tornado Alley (PROG)

[StephanieVanbryce]

A Legal Debate in Guantánamo on Boy Fighters
By WILLIAM GLABERSON

... how disgusting is this..???? ..

The facts of Omar Ahmed Khadr’s case are grim. The shrapnel from the grenade he is accused of throwing ripped through the skull of Sgt. First Class Christopher J. Speer, who was 28 when he died.

To American military prosecutors, Mr. Khadr is a committed Al Qaeda operative, spy and killer who must be held accountable for killing Sergeant Speer in 2002 and for other bloody acts he committed in Afghanistan.

But there is one fact that may not fit easily into the government’s portrait of Mr. Khadr: He was 15 at the time.

His age is at the center of a legal battle that is to begin tomorrow with an arraignment by a military judge at Guantánamo Bay, Cuba, of Mr. Khadr, whom a range of legal experts describe as the first child fighter in decades to face war-crimes charges. It is a battle with implications as large as the growing ranks of child fighters around the world.

Defense lawyers argue that military prosecutors are violating international law by filing charges that date from events that occurred when Mr. Khadr was 15 or younger. Legal concepts that are still evolving, the lawyers say, require that countries treat child fighters as victims of warfare, rather than war criminals.

The military prosecutors say such notions may be “well-meaning and worthy,” but are irrelevant to the American military commissions at Guantánamo. Mr. Khadr is one of only three Guantánamo detainees to face charges under the law establishing the commissions, passed by Congress last year.

“International law,” the Justice Department asserted in a court filing in the case last week, “does not prohibit an individual under 18 from being prosecuted for war crimes.” Even so, prosecutors said that if they won a conviction, they would seek something less than a life term, given Mr. Khadr’s age. He is 20 now.

http://www.nytimes.com/2007/06/03/us/03gitmo.html?ref=us