Polygonic

That weren't no DJ, that was hazy cosmic jive

War crimes and kangaroo courts

While Naomi Campbell complains about the colour of her blood diamonds at Charles Taylor’s UN SCSL war crimes tribunal, another farce of a trial is taking place elsewhere – and this farce could set horrendous international precedent as well.

In the first war crimes trial under President Obama‘s watch, a former child soldier is being tried by an American military court that hasn’t gained international legitimacy. Never mind the fact that Omar Khadr is Canadian, and the only western, and by far the youngest, tenant still resident at Guantanamo. That’s an embarrassment principally to Canadians, as our government denies any of the responsibility that other Western nations have taken in repatriating their citizens from a prison of felons without charges – indeed, our government helps people to stay in there. So much for protecting our citizens, or standing up for international law.

Where other western countries have successfully lobbied for the return of their nationals from Guantánamo, Canada has refused to intervene despite a recent court ruling that ordered it to remedy its failure to protect Khadr’s rights. The Guardian

The greater farce is that a boy of 15, without any real capacity to choose whether he’d be brought to Afghanistan or not, was incarcerated as a war criminal by sweeping U.S. forces in the earliest stages of the Afghan invasion, and is now being tried in a kangaroo court for crimes he may/may not have committed, using evidence that may/may not have been extracted under torturous duress, subject to a legal framework which isn’t internationally recognised, and which diminishes habeas corpus as well as the moral upper-hand in anything that the U.S. has been up to over the past 10 years in the Middle East.

Sucking up potential combatants and associates (including children) with a giant military vacuum cleaner, locking them up for a decade, and then deciding to press charges and try them in an illegitimate court is teeth-gnashingly wrongheaded for any democratic regime. To press ahead with this trial of a child soldier who’s spent over a quarter of his life in Guantanamo lays bare 1) Obama’s helplessness and 2) Obama’s carelessness. Of course, pressure from Ottawa could have helped, if only Harper would dare!

Charles Taylor’s UN-SCSL trial may have been temporarily dropped in tabloid muck thanks to Naomi Campbell’s airheaded testimony. But at least the United Nations acts as our singular, global agent for convening, designing and upholding international law, and it maintains a globally recognised convention of what a war crime is. The military tribunals for Guantanamo can’t even claim to have that legitimacy.

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