Former attorney general Irwin Cotler among those asking Guantanamo judge to recognize him as child
A group of law academics and Canadian parliamentarians have thrown their support behind a motion to recognize Omar Khadr as a child soldier and convince a Guantanamo Bay judge to dismiss his case.
Fifty-five law professors and 22 members of Parliament, including Canada's former attorney general, Irwin Cotler, signed the legal brief that will be submitted today.
"It is a principle of customary international law that children are to be accorded special protections in all criminal proceedings, and in any prosecution for participation in warlike acts," the brief states.
In a separate letter to Foreign Affairs Minister Maxime Bernier, the lawyers urged the Canadian government to send a diplomatic note to the U.S. Department of State supporting their submission.
But when asked yesterday if a note would be issued, Bernier's spokesperson, Neil Hrab, repeated the government's standard lines about Khadr's case in an email: "The Government of Canada has sought and received assurances that Mr. Khadr is being treated humanely.
"Any questions regarding whether Canada plans to ask for the release of Omar Khadr from Guantanamo are premature and speculative as the legal process and appeals process are still ongoing."
A spokesperson from the Department of Foreign Affairs emailed the same line.
The Pentagon maintains that while no one has been tried for war crimes allegedly committed under the age of 18, international law permits the prosecution of anyone over 15. The issue is likely to be debated next month when Khadr appears for a hearing at Guantanamo.
University of Ottawa law professor Craig Forcese said he is surprised the government has ignored the legal implications of the case.
"It's rather sobering that the Canadian government will readily intervene in a regular, fair U.S. court process to protect a corporate or financial interest, but will not intervene when a citizen's fundamental rights are jeopardized in a U.S. military commissions system that falls ridiculously short of international fair-trial standards," he said.
Khadr was 15 when he was captured in Afghanistan after a lengthy firefight with U.S. Special Forces.
When he was first detained, the Department of Foreign Affairs raised concern about his age in a press release from the office of then-foreign affairs minister Bill Graham: "It is an unfortunate reality that juveniles are too often the victims in military actions and that many groups and countries actively recruit and use them in armed conflicts and in terrorist activities."
According to documents obtained by the Star under Access to Information legislation, a week later, Colleen Swords, now head of the foreign affairs intelligence division, wrote in an email new press lines must be written so as to "claw back on the fact that he is a minor."
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