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Limit on review of war crimes issues
Friday, June 20th, 2008 1:39 pm | Lyle Denniston | Comments Off | Print This Post

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The D.C. Circuit Court, giving the Pentagon a significant victory as it prepares war crimes trials, ruled on Friday that the Court has no authority to hear challenges to those trials until after there is a final conviction or a not-guilty verdict that is then upheld by a top Pentagon official and, for a conviction, is then upheld by a military appeals court.

The ruling by a three-judge panel came in the case of Omar Ahmed Khadr, a young Canadian who was seeking to challenge the authority of a “military commission” to go forward with his trial on terrorism charges, including a charge that he killed an American soldier during a skirmish in Afghanistan six years ago.

The ruling in Khadr v. U.S. (Circuit docket 07-1405) marked the first time that the Circuit Court had spelled out the authority Congress gave it as the first line of civilian court review of military commission trials. The opinion can be read here. Under the Military Commissions Act of 2006, Khadr has a right to ask the Supreme Court to rule on his challenge.

The D.C. Circuit Court, giving the Pentagon a significant victory as it prepares war crimes trials, ruled on Friday that the Court has no authority to hear challenges to those trials until after there is a final conviction or a not-guilty verdict that is then upheld by a top Pentagon official and, for a conviction, is then upheld by a military appeals court.

The ruling by a three-judge panel came in the case of Omar Ahmed Khadr, a young Canadian who was seeking to challenge the authority of a “military commission” to go forward with his trial on terrorism charges, including a charge that he killed an American soldier during a skirmish in Afghanistan six years ago.

The ruling in Khadr v. U.S. (Circuit docket 07-1405) marked Read the full article

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