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41 J. Marshall L. Rev. 1281 (2007-2008)
What to Do with Omar Khadr - Putting a Child Soldier on Trial: Questions of International Law, Juvenile Justice, and Moral Culpability

handle is hein.journals/jmlr41 and id is 1345 raw text is: WHAT TO DO WITH OMAR KHADR? PUTTING A CHILD SOLDIER ON TRIAL: QUESTIONS OF INTERNATIONAL LAW, JUVENILE JUSTICE, AND MORAL CULPABILITY CHRISTOPHER L. DORE* I. INTRODUCTION I'm tired of hearing how he is the victim. Who is the victim here? My daughter and son, they are the true victims in this horrible mess. Tabitha Speer, wife of Sergeant Christopher Speer' I'd like to know what they expected him to do, come up with his hands in the air? I mean it's a war. They're shooting at him. Why can't he shoot at you? If you killed three, why can't he kill one? Why does nobody say you killed three of his friends? Why does everybody say you killed an American soldier. Big deal. Maha Elsamnah Khadr, mother of Omar Khadr2 A. Death on the Battlefield Sergeant Christopher Speer thought everyone in the compound was dead.3 Moments before, an air strike leveled the building, ending the gunfire and leaving only the silence of the Afghan mountainside.4 But, the sight of a young boy tossing a * J.D. Candidate, May 2009. The author would like to thank the 2008-2009 Editorial Board of THE JOHN MARSHALL LAW REVIEW for their hard work in publishing this Comment. Additionally, the author would like to recognize his parents, John and Nancy Dore, for their endless support and guidance. Last, the author wishes to thank Kat Leahy for being his most important advisor and editor, both on and off the page. 1. Michael Friscolanti, Khadr's Case: Who is the Real Victim Here?, MACLEANS, June 18, 2007, available at http://www.macleans.ca/article.jsp? content=20070618_106209_106209&source=srch. 2. Frontline: Son of Al Qaeda, Terence McKenna Interview with Maha Elsamnah and Zaynab Khadr, (PBS television broadcast Apr. 22, 2004) (transcript available at http://www.pbs.org/wgbh/pages/frontline/shows/ khadr/interviews/mahazaynab.html). 3. See Jeff Tietz, The Unending Torture of Omar Khadr, ROLLING STONE MAGAZINE, Aug. 24, 2007, available at http://www.rollingstone.com/politics/ story/11 128331/followomarkhadr from an_al-qaedachildhoodtoagitmo_ cell (providing a detailed account of the battle and Omar's capture). 4. Id. 1281