War v. Justice: Part I

This is part one in a series dealing with questions of constitutional and international justice as a result of the wars in Afghanistan and Iraq through a case study of Omar Khadr, an enemy combatant currently in US custody at Guantanamo Bay, Cuba.

Part I: Introduction

Justice by Luca Giordano

The last ten years have raised many important questions not only regarding the legal rules of war, but the application of law and justice at home, too.

There are many reasons for this. When you think about it, there are no more front lines, the enemy is no longer in uniform and neither is he following the rules. These wars are no longer against the state of Afghanistan or against the state of Iraq because we already “control” them. Yet we remain there, fighting. These wars – this war – is also no longer isolated within the imaginary borders of these two middle eastern territories. We fight in Iraq, Afghanistan, but also inside Pakistan. We argue with Iran and Yemen. And all the while regular citizens fight at home marching in the streets and pushing through the court systems.

The war began on American soil, and the war of ideology continues to be fought there. In many of the same ways the Vietnam war threatened the stability of American democracy and constitutional rights, today’s war has forced these issues again to the spotlight. In addition, the contemporary world also questions the feasibility of international laws of war and domestically to what extent and to whom our constitutional provisions protect.

Beginning today I will begin a case based exploration of the latest challenges to justice, freedom, and law here in Canada as well as (to a lesser degree) the United States through the ongoing story of a Canadian prisoner of war that has spent the last seven years held in detention in Guantanamo Bay, Cuba.

So why this case?

Omar Khadr (at age 14)

Omar Khadr’s case touches on many aspects of constitutional and international rights. He was a minor, only 15 years old, when he was wounded and captured by US soldiers, and although he may very well be guilty of the charges being placed against him – his confinement, treatment, and the questionability of evidence provided by his captors would have in any other case proven an easy win in a civil court. He exists within the military system though. And there he remains, now 23 years old, not convicted but still held as an enemy combattant inside one of the most controversial prisons in the world.

In the next few weeks I will be approaching this case from multiple angles such as International Law, Constitutional Law, and foreign policy. In addition I hope to question and describe how the contemporary war has challenged us to re-examine whose rights we protect, how our own rights have been challenged, and how important we are as active citizens for the development and future of these systems of Justice that we have proudly flaunted for over two-hundred years.

This being said (and understanding there are very few of you out there) if anyone has any suggestions, or questions regarding any of these very broad topics – please let me know! This will be my first exercise of this type, and I want it to be useful to others in the same ways it will help me develop my own broader understanding as well.

Also, the structure and scope of this project will also develop over time depending on my own interests as well as the emergence of new issues connected to the core of this.

To be continued…

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