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Canadian Government Guilty of Violating Khadr's Rights


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I do think that the heat of war will naturally effect memory. But an unfortunate requirment of jurisprudence is the ability to prove guilt without a reasonable doubt. What, exactly, is he guilty of? ANd how do you prove it?

I think the khadr family are shits. I think his mom needs to pay for what her husband escaped through death - accountability for being a bad parent. But, with the geneva and international conventions on child soldiers considered, khadr junior should be a free man in need of rehabilitation. If he engaged in a crime that violates international conventions (like genocide), then I'm happy to see him fry, but there is no publicly available evidence of this.

Hopefully the prosecution will be successful in convicting Khadr of his crimes. Statements from various eyewitnesses which vary on some details (as we agree is understandable given the extreme stress of the situation) doesn't absolve him from his guilt. I doubt a jury will see slight disparities between eyewitness accounts as sowing the seeds of reasonable doubt.

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Hopefully the prosecution will be successful in convicting Khadr of his crimes. Statements from various eyewitnesses which vary on some details (as we agree is understandable given the extreme stress of the situation) doesn't absolve him from his guilt. I doubt a jury will see slight disparities between eyewitness accounts as sowing the seeds of reasonable doubt.

Unfortunately, the discrepancies are not slight. They will determine whether or not he was the only one capable of throwing the grenade.

I'm still unsure of what crime he should be charged with, though. Having been to afghanistan six times on behalf of the canadian forces (i'm a civilian, btw), I do believe frm my own eyes that we, NATO, are generally the good guys in this battle. But, this is a war theater and Khadr did nothing at his worst other than kill a member of an invading force. In the most respectable terms, that is the nature of war.

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CANADIEN, this'll be my last reply to you in this thread. In case you hadn't noticed, we're not in a court of law... we're in an online discussion forum. If you don't want to be a serious poster and insist on being childishly contentious and obtuse, then I won't waste any more of my time.

poor poor baby Gaby... :P In case you didn't notice, mentioning what legal standard applies in a court of law DOES have its place in a discussion forum. If you are too immature and obtuse to read it, don't.

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poor poor baby Gaby... :P In case you didn't notice, mentioning what legal standard applies in a court of law DOES have its place in a discussion forum.

Especially one relating to a....wait for it....decision of The Court.

Edited by Smallc
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Unfortunately, the discrepancies are not slight. They will determine whether or not he was the only one capable of throwing the grenade.

I'm still unsure of what crime he should be charged with, though. Having been to afghanistan six times on behalf of the canadian forces (i'm a civilian, btw), I do believe frm my own eyes that we, NATO, are generally the good guys in this battle. But, this is a war theater and Khadr did nothing at his worst other than kill a member of an invading force. In the most respectable terms, that is the nature of war.

He was taking part in combat as part of a known terrorist organization. That he is guilty of, beyond any reasonable doubt in my opinion. I am not so sure that there is no reasonable doubt about him launching the grenade.

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Hopefully the prosecution will be successful in convicting Khadr of his crimes. Statements from various eyewitnesses which vary on some details (as we agree is understandable given the extreme stress of the situation) doesn't absolve him from his guilt. I doubt a jury will see slight disparities between eyewitness accounts as sowing the seeds of reasonable doubt.

In case you forgot, this is not a court of law :P

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Big decision...no remedy. Such a deal.

You keep saying that over and over,and you continue to make yourself sound more ridiculous. The court can't offer a remedy because it isn't there place to do so in a matter of foreign affairs.

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You keep saying that over and over,and you continue to make yourself sound more ridiculous. The court can't offer a remedy because it isn't there place to do so in a matter of foreign affairs.

And you keep saying the same stupid ass thing in response....the court is impotent.

Edited by bush_cheney2004
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No, it isn't. The court is bound to remain within its jurisdiction. Matters of the Charter are within that jurisdiction, but matters of foreign affairs are not. They ruled that the Charter was violated, but they also decided that it wasn't their place to repair the violation. That job falls to the branch of government that has foreign affairs within its jurisdiction - the executive branch. It isn't silly at all, and the SCoC is far from impotent.

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He was taking part in combat as part of a known terrorist organization. That he is guilty of, beyond any reasonable doubt in my opinion. I am not so sure that there is no reasonable doubt about him launching the grenade.

So you don't think the convention governing child soldiers applies? I'm not finding a precedent, other than the US enemy combatant position, to use for reference.

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No, it isn't. The court is bound to remain within its jurisdiction. Matters of the Charter are within that jurisdiction, but matters of foreign affairs are not.

Oh...I see...then you are saying that the Charter Rights of female ski-jumpers in a Canadian province are also not within the court's jurisdiction. Gotcha...makes perfect sense. :P

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So you don't think the convention governing child soldiers applies? I'm not finding a precedent, other than the US enemy combatant position, to use for reference.

From what I could see, the convention governs the use of child-soldiers, not what to do to those captured beyond treating them in accordance with their age.

As I mentioned before, I think the convention has to provide protection against prosecution to children committing crimes under duress (forced recruitment). I do not think Khadr fills that profile, although his lawyers are certainly welcome to try.

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every one remember The PMO violated canadian law ...

& the Geneva convention never forget that!!.

Before we can remember, it would be helpful to know which geneva convention you think we have violated?

This should not be a long search, given that most of the conventions related to belligerents do not apply to Omar Khadr.

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Before we can remember, it would be helpful to know which geneva convention you think we have violated?

This should not be a long search, given that most of the conventions related to belligerents do not apply to Omar Khadr.

The spirit of the GC has certainly been abused and $10 says he next incarnation of the GC will apply to human beings like Khadr, in the meantime it's bad enough knowing our government has violated and disgraced our Charter. It's shameful.

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The spirit of the GC has certainly been abused and $10 says he next incarnation of the GC will apply to human beings like Khadr, in the meantime it's bad enough knowing our government has violated and disgraced our Charter. It's shameful.

I agree the spirit has been abused but the abusers are the ones who, ignorant of the Conventions try to smash the square conventions into terrorist traiangles.

The framers of the convention were specific about who would be afforded the protection, ensuring that criminals like Khadr did not receive the benefits that are rightfully the due of those who honourably serve their county.

Your bet is safe given their is no desire (except for perhaps the terrorists) to frame another convention as the present one works fine.

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No...Khadr's (terrorist perp) rights were found to be violated by the Supreme Court of Canada, yet it still defers to foreign policy. The Americans tromped all over his "rights" regardless of domestic Canadian politics or court rulings, and shopped him around without any subordination at all.

Right again BC. Unfortunately the public in Canada does not seem to understand this.
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I agree the spirit has been abused but the abusers are the ones who, ignorant of the Conventions try to smash the square conventions into terrorist traiangles.

The framers of the convention were specific about who would be afforded the protection, ensuring that criminals like Khadr did not receive the benefits that are rightfully the due of those who honourably serve their county.

Your bet is safe given their is no desire (except for perhaps the terrorists) to frame another convention as the present one works fine.

Human right's advocates are not terrorists.

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Irrelevant. He does not qualify for GC protection. The reasons for his inelligibility are his criminality, his trial was a trial by fire.

He lost.

No, his ineligibility stems from the shortsightedness of the GC framers who failed to account for the reaction that super-rogue diddling might provoke.

Thankfully he's still eligible for Canadian Charter of Rights and Freedoms protection, he still hasn't lost that yet. Admit it you're just as ashamed to be Canadian as I am aren't you?

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