As Andy Worthington notes, the National Institute Of Military Justice recently released a report of its observers on the proceedings at Guantanamo Bay, three of whom attended portions of the trial of Omar Khadr. Jonathan E. Tracy, formerly of the U.S. Army Judge Advocate General’s Corp, observed proceedings against Khadr and Mohammed Kamin and concludes as follows.
At Guantánamo I observed competent and well‐prepared attorneys litigate important issues for their clients. It was reassuring to see the professionalism that all the parties are bringing to these proceedings. However, this did not mitigate the serious and pervasive problems inherent to the military commissions. The defense teams face numerous obstacles in the preparation of their cases, the untested system has leaks in numerous places, and the existential justification for military commissions remains unresolved and obstructs legitimacy.