I had always wondered why Omar Khadr was charged with murder when his group was under attack and tried to defend themselves. In the military paradigm combatants enjoy what is called combat immunity so that if you shoot someone you are not liable for any charges nor is your enemy who shoots back. So why should Khadr who was accused of lobbing a grenade that killed a US service person be charged with murder?
So why is Khadr an unprivileged belligerent? Apparently because he is not part of a regular army. If he had a proper uniform or identification as genuine lawful combatant as they are called it would be OK and there would be no murder charges. So what Al Qaida needs is a rank system some proper identificaitions etc. Perhaps a name tag: Hello ! I am Omar Khadr private in the Army of Allah and a lawful combatant with belligerent immunity.
The law may be an ass but a clever one. An unprivileged belligerent can be captured and locked up for the duration of hostilities, questioned at will, just as prisoners of war but they can also be tried for shooting or wounding your soldiers causing damage or whatever. What a marvelous invention. Talk about asymmetrical warfare
http://www.defense.gov/news/Nov2005/d20051104khadr.pdf
e. On or about July 27,2002, Khadr and other A1 Qaida members engaged U.S. military personnel when military members surrounded their compound. During the firefight, Khadr threw a grenade, killing Sergeant First Class Christopher Speer. In addition to the death of SFC Speer, two Afghan Militia Force members who were accompanying U.S. Forces were shot and killed and several U.S. service members were wounded. CHARGE 2: MURDER BY AN UNPRIVILEGED BELLIGERENT 23. Omar Ahmed Khadr did, in Afghanistan, on or about July 27,2002, murder Sergeant First Class Christopher Speer, U.S. Army, while in the context of and associated with armed conflict and without enjoying combatant immunity, by throwing a hand grenade that caused Sergeant First Class Speer's death. Blog: http://kenthink7.blogspot.com/index.html Blog: http://kencan7.blogspot.com/index.html