Quote:
Originally Posted by Ace_O_Spades
I'm having a really hard time understanding the weird legal loopholes Harper is jumping through in order to not recognize Omar Khadr as a child soldier during the period in question. His status as a child soldier is invoked independent of any alleged activity during a conflict in which a child soldier is in the field. This is without even addressing the torture post-capture.
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1. The definition of a child soldier is a person 14 or under. When OK was caught after the fire fight with the Americans - he was 15. Therefore, not a child soldier.
International humanitarian law
According to Article 77.2 of the Additional Protocol I to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, adopted in 1977:
‘The Parties to the conflict shall take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who are oldest.’
2. Canada did not make him a child soldier - his parents did.
3. OK does not meet the recognized definition of a soldier.
I see no need to jump through any loopholes.
---------- Post added at 01:57 PM ---------- Previous post was at 01:54 PM ----------
Quote:
Originally Posted by silent_jay
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Hardly as I pretty much always vote liberal. I'm not a fan of Harper, I thought Paul Martin was a good man.
I'm just pointing out the fact that the liberals had 4 years to do something about OK and they chose not to.
And here's a fact you can bank on....
If the liberals were elected tomorrow (not that that is going to happen) they wouldn't do anything any differently.
AND, the Americans wouldn't give OK back anyway.
OK will get his day in court. If he stopped playing games and firing legal team after legal team after legal team, maybe they could get it over with already.