Khadr's war crimes appeal could hinge on bin Laden propagandist's case

As thewrongful death case againstOmarKhadr winds its way throughthe Ontario courts,his legal battle in the U.S.to quash his war crime convictions remainson hold, pendingthe outcome of acase involving aformer personal assistant to Osama bin Laden.

Khadr'sU.S.-based lawyer Samuel Morison said Khadr and the U.S. Court ofMilitary Commission Revieware waiting to see what happens withthe case of Ali Hamzaal-Bahluland whether thatwill be taken up by the U.S. Supreme Courta decision that may not be madeuntil the fall.

"Al-Bahlul's case willpotentiallymakeKhadr'scase simple," said Morison. "Ifal-Bahlulwins, then these commissions will belimitedto war crimes,what everybodyknows are war crimes."

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And a win for al-Bahlulin the Supreme Courtmeans "they're going to have to concede that Khadr'sconvictions have to be reversed because he didn't commit any war crimes," Morison said.

In 2006, then presidentGeorge W. Bush signed into law the Military Commissions Act, a legal forum to try those deemed as "unlawful enemy combatants" for"violations of the law of war."

But critics of thecommissions said these tribunalsjustmade it easier for the government to secure convictions, that theyallowed the government to introduce evidence that would be inadmissable in civilian courts, and that defendants would now be tried for offencesthat had not previously been considered war crimes.

In2010, Khadr pleadedguilty at a military commission to five war crimes: murder in violation of the law of war; attempted murder in violation of the law of war; conspiracy; providing material support for terrorism and spying.

Khadrhas since recanted those confessions, saying they were made in order to get out of Guantanamo Bay and serve the rest of his sentence in Canada.

Despite his confession to those crimes, Khadr is appealing those convictions in the military commission court.

Yet Morisonargues, in part, thatthose convictions should be thrown out becausethose fiveoffences should never have been considered war crimes. He also says military commissions have only concerned themselves withcrimes that were violations of international laws of war.

Al-Bahlul's case is significant as it deals with the same issues as Khadr'sin termsof the limits and jurisdiction of a military commission, Morisonsaid.

An accused al-Qaeda recruiter

Al-Bahlul is accused of being an al-Qaeda recruiter who did media relations,made videosfor bin Laden and, as described by the U.S. Court of Appeals for the District of Columbia Circuit,"assisted with preparations for the attacks of Sept.11, 2001."

He was convicted by a military commission of solicitation of others to commit war crimes, conspiracy, and providing material support for terrorism and sentenced to life imprisonment at Guantanamo Bay.

In 2014, the appeals court threw out two of those convictionssolicitation and providing material support ruling that those convictions were unconstitutional, as those crimes were created by Congress only after al-Bahlulhad been arrested.

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Meanwhile, al-Bahlul'sconspiracy charge, and whetherit should be considered a war crime, has been the subject of different rulings by the appeals court, withthe most recent decision upholding his conviction.

'Resolution one way or another'

In any event, theSupreme Court is being asked to take al-Bahlul'scase. And if the top court decides tohear it, says Morison, "we'll get a resolution one way or another."

The Canadian-bornKhadrwas 15 when he was captured by U.S. troops in July 2002following afirefightat a suspectedal-Qaedacompound in Afghanistan that resulted in the death of Sgt. 1st Class ChristopherSpeerand the wounding of Sgt. LayneMorris.

After 10 years, mostly in Guantanamo, Khadr signed an agreement that would allow him to return to Canada in 2012to serve the remainder of his sentence. He pleaded guilty to those five war-crime charges and received an eight-year sentence from theU.S. military commission.

I'm saying, accepting as true everything he pled to, they don't amount to war crimes.Samuel Morison, Khadr'sU.S.lawyer

Morisonsaid even thoughthe facts ofKhadr'scase arecontestable, his argumentsdon't depend on challenging them.

"I'm saying, accepting as true everything he pled to, they don't amount to war crimes."

The murder charge forexample,is the clearest case of this, he said. IfKhadrdid, as the government contends, throw a hand grenade that resulted in the death ofSpeer, "there'sabsolutelynothing illegal about that under the law of war,"Morisonsaid.

In 2015, a Utah court awarded Speer's widow and Morris$134 million USin their wrongful injury and death suit againstKhadr. They have sincefiled an application in Ontario Superior Court to have that judgment recognized and enforced.

Last week, anOntario Superior Court judge rejected theirbidto freeze Khadr's assets.The decision came a week after it was announced that Khadrhadreceived an apology and financial settlementfrom the Canadian government that reportedly totals $10.5 million.

'Doesn't mean they know the facts'

The deal hasdrawnsharpcriticismamong those who believeKhadris a terrorist and does not deserve compensation.

But Morison said Khadrhas been subject to a "relentless, negative PR campaign" by the former Conservative government.

"So it doesn't surprise me that people might have a negativeimpression of him," Morison said. "But that doesn'tmean they know the facts of the case and that doesn't meant they know the law."

"He certainlydidn't ask to be mistreated the way he was. The apology and the settlement are really separate from the underlying alleged events. They have to deal with what happenedto him after that. And that's not OKno matter what he did."