War Stories: A Reflection on Defending an Alleged Enemy Combatant Detained in Guantanamo Bay, Cuba
Yearbook of New Zealand Jurisprudence, Vol. 8, p. 193, 2005
24 Pages Posted: 15 Oct 2007 Last revised: 21 Oct 2007
This paper arose from a presentation at the McCoubrey Centre for International Law at Hull University in the United Kingdom, at a conference on "Law and Security, Post 9/11". The conference took place in February of 2005 and represents reflections on my personal experience in the representation of Omar Khadr, a Canadian citizen who was captured by U.S. and Northern Alliance forces near Khost, Afghanistan, in July, 2002. He was held at Bagram Air Force Base for several months, and transferred to Guantanamo Bay, where he has been held ever since. He was 15 years old at the time of his capture. The article discusses who was at Guantanamo as of the date of its writing, why the U.S. government's detention policy unfolded the way it did, who our client is, and what the ideal outcome of his case would be.
Keywords: Guantanamo, Military Commission, human rights, enemy combatant, criminal law, criminal procedure, law of war, Canada
JEL Classification: K14, K33, K41, K42
Suggested Citation: Suggested Citation