The Omar Khadr case makes a mockery of US justice

After eight years in Guantanamo, the last western “enemy combatant” faces a deeply flawed trial.

Omar Khadr was a badly wounded boy of 15 when, in 2002, US forces captured him in Afghanistan. As the dust settled on a suspected al-Qaeda compound after a firefight that July, troops discovered him slumped in the rubble among the dead, leaning against a wall.

One soldier -- identified only as "OC1" in a military document that was mistakenly released six years later -- testified that there were two survivors among the insurgents. He claimed he killed the first, then shot Khadr (who was facing away from him) twice in the back, leaving two large exit wounds across his upper body. In a legal motion, another officer present at the scene wrote: "(He's) missing a piece of his chest and I can see his heart beating."

The Pentagon alleges that Khadr was responsible for the death of the US special forces medic Christopher Speer, who sustained fatal injuries that day from a grenade hurled from the compound.

Khadr -- a Canadian citizen -- is the last prisoner from a western country among the 176 "enemy combatants" still held at Guantanamo Bay. Eight months after Barack Obama's campaign deadline to close the facility, the future of its detainees continues to be determined outside the protection of international law. Khadr's long-delayed trial, which began today, is the first official terror case to be heard before the military courts under the Obama administration; it is also the first war crimes trial since Nuremberg for offences allegedly committed by a minor.

Radhika Coomaraswamy, the UN special envoy for children in armed conflict, said today that the proceedings were of dubious legality and has released a statement urging the US to abandon them. She said:

The statute of the International Criminal Court makes it clear that no one under 18 will be tried for war crimes, and prosecutors in other international tribunals have used their discretion not to prosecute children . . . Even if Omar Khadr were to be tried in a national jurisdiction, juvenile justice standards are clear -- children should not be tried before military tribunals.

Since his capture, Khadr has been housed with adult detainees and denied access to education. His defence team has long complained that the statements on which the case against him are based were obtained illegally through torture, his interrogators even threatening him with gang rape and death. Yesterday, however, the US military judge ruled in favour of allowing such dubiously extracted "confessions" as evidence.

In his January State of the Union speech, President Obama spoke of how Americans at both ends of the political spectrum aspired "to give their children a better life". The very fact that the Khadr case is roaring ahead -- with scarcely a word of concern from the president or the mainstream US media -- shows how hollow that flourish of oratory was.

Yo Zushi is a contributing writer for the New Statesman. His latest album, It Never Entered My Mind, is out now on Eidola Records and is on Spotify here.

Ukip's Nigel Farage and Paul Nuttall. Photo: Getty
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Is the general election 2017 the end of Ukip?

Ukip led the way to Brexit, but now the party is on less than 10 per cent in the polls. 

Ukip could be finished. Ukip has only ever had two MPs, but it held an outside influence on politics: without it, we’d probably never have had the EU referendum. But Brexit has turned Ukip into a single-issue party without an issue. Ukip’s sole remaining MP, Douglas Carswell, left the party in March 2017, and told Sky News’ Adam Boulton that there was “no point” to the party anymore. 

Not everyone in Ukip has given up, though: Nigel Farage told Peston on Sunday that Ukip “will survive”, and current leader Paul Nuttall will be contesting a seat this year. But Ukip is standing in fewer constituencies than last time thanks to a shortage of both money and people. Who benefits if Ukip is finished? It’s likely to be the Tories. 

Is Ukip finished? 

What are Ukip's poll ratings?

Ukip’s poll ratings peaked in June 2016 at 16 per cent. Since the leave campaign’s success, that has steadily declined so that Ukip is going into the 2017 general election on 4 per cent, according to the latest polls. If the polls can be trusted, that’s a serious collapse.

Can Ukip get anymore MPs?

In the 2015 general election Ukip contested nearly every seat and got 13 per cent of the vote, making it the third biggest party (although is only returned one MP). Now Ukip is reportedly struggling to find candidates and could stand in as few as 100 seats. Ukip leader Paul Nuttall will stand in Boston and Skegness, but both ex-leader Nigel Farage and donor Arron Banks have ruled themselves out of running this time.

How many members does Ukip have?

Ukip’s membership declined from 45,994 at the 2015 general election to 39,000 in 2016. That’s a worrying sign for any political party, which relies on grassroots memberships to put in the campaigning legwork.

What does Ukip's decline mean for Labour and the Conservatives? 

The rise of Ukip took votes from both the Conservatives and Labour, with a nationalist message that appealed to disaffected voters from both right and left. But the decline of Ukip only seems to be helping the Conservatives. Stephen Bush has written about how in Wales voting Ukip seems to have been a gateway drug for traditional Labour voters who are now backing the mainstream right; so the voters Ukip took from the Conservatives are reverting to the Conservatives, and the ones they took from Labour are transferring to the Conservatives too.

Ukip might be finished as an electoral force, but its influence on the rest of British politics will be felt for many years yet. 

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