[JURIST] US military prosecutors have filed an appeal against a military judge's decision to dismiss charges against Guantanamo detainee Omar Ahmed Khadr [TrialWatch profile; JURIST news archive], according to the Department of Defense (DOD) Friday. In late June, Judge Peter E. Brownback III reiterated his earlier ruling [order, PDF] dismissing charges against Khadr on grounds that the Combatant Status Review Tribunal [DOD materials] that reviewed Khadr's status had not found him to be an "unlawful enemy combatant" [JURIST report] as required under the Military Commissions Act of 2006 [PDF text]. Prosecutors argue that a military panel had found Khadr to be an "enemy combatant," which was essentially the same as an "unlawful enemy combatant."
Khadr, a Canadian national, was formally charged [charge sheet, PDF; JURIST report] in April with murder, attempted murder, conspiracy and providing material support for terrorism, as well as spying. He was 15 years old when he was detained in 2002. Khadr allegedly threw a grenade that killed one US soldier and wounded another while fighting with the Taliban in Afghanistan. He has remained in US custody despite the dismissal of charges. Reuters has more.