GUANTANAMO BAY, Cuba, June 4 (UPI) -- A military judge at a Guantanamo Bay, Cuba, court Monday dismissed war crimes charges against a detainee saying the procedure to file the charges was flawed.
U.S. Army Judge Col. Peter Brownback III said Congress authorized the tribunals to try only those detainees who had been determined to be unlawful enemy combatants. However, he said military authorities in Guantanamo Bay determined that the suspect was an enemy combatant, though did make the additional determination whether his participation was "unlawful," The New York Times reported.
Terror suspect Omar Khadr of Canada has been a captive at the U.S. terror prison camp for five years.
Khadr was 15 year-old at the time of his alleged crime, which he supposedly committed when he threw a grenade during a firefight in Afghanistan in 2002.
If the Khadr hearing concludes, the Defense Department planned to conduct the arraignment of Salim Ahmed Hamdan of Yemen, who confessed to being a driver for Osama bin Laden, the newspaper said.
