Image: Omar Khadr
Janet Hamlin  /  AP
Canadian detainee Omar Khadr listens to closing arguments on his sentence trial at Camp Justice on Guantanamo Bay U.S. Naval Base in Cuba, Saturday, in this photo of a sketch by courtroom artist Janet Hamlin.
msnbc.com news services
updated 11/1/2010 7:04:43 AM ET 2010-11-01T11:04:43

The long-running case of a onetime teenage al-Qaida fighter is over, with a U.S. military judge sentencing Omar Khadr to eight more years in custody for war crimes.

The sentence was handed down Sunday under a plea bargain in which the young Canadian admitted to five war crimes charges, including killing a U.S. soldier in Afghanistan.

Under the deal, the judge was limited to the eight-year sentence and had to ignore the recommendation of a military jury that Toronto-born Khadr serve 40 years.

The case attracted intense scrutiny and criticism because Khadr was 15 when he was captured after suffering serious wounds during a four-hour battle at an al-Qaida compound in Afghanistan in 2002.

Appearing relaxed, Khadr stared straight ahead as the judge read a sentence that calls for him to stay at the Guantanmo prison another year before he can ask Canada's government to allow him to return to his homeland to serve out his sentence.

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He doesn't get credit for the eight years he already spent at Guantanamo.

Washington and Ottawa exchanged diplomatic notes that said both governments supported the transfer, and acknowledged Khadr could apply for parole in Canada after serving one third of the sentence.

Targeting civilians
The Canadian government gave no indication how it might react. Melissa Lantsman, a spokeswoman for Canada's foreign affairs minister, said only that a decision will be made when Khadr formally applies.

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"Omar Khadr pleaded guilty to murdering U.S. Army medic Christopher Speer," Lantsman added. "He pleaded guilty to attempted murder. He admitted he was a member of al-Qaida. He also publicly acknowledged that he planted roadside bombs and that he knew he was targeting civilians."

A jury of seven military officers deliberated Khadr's case for nearly nine hours over two days and had not been told that the sealed plea deal would mean that their decision would be largely symbolic.

Military prosecutors, who had portrayed the now 24-year-old Khadr as a dangerous terrorist, had asked for a sentence of 25 years — and he could have received up to life in prison if convicted of even one of the counts against him.

Navy Capt. John F. Murphy, the chief military prosecutor, said the plea deal included a provision that Khadr cannot appeal, eliminating the possibility of a reversal or even more time being spent on a case that has been winding its way through the Guantanamo tribunals since 2004.

Khadr's lawyers and human rights groups had argued he was a "child soldier" who should have been sent home long ago for rehabilitation and they challenged the notion that a battlefield killing amounted to a war crime.

'A message' to terrorists
Murphy said the government considered Khadr's age and background as the child of a prominent al-Qaida figure in agreeing to the eight-year sentence.

"I hope it sends a message to any terrorists that if you are involved with serious offenses like this you face the potential of a very serious sentence," Murphy said.

Khadr admitted planting 10 roadside bombs in Afghanistan as part of an al-Qaida explosive cell and throwing a grenade that mortally wounded an American special forces medic, Sgt. 1st Class Christopher Speer of Albuquerque, New Mexico.

Defense lawyers said they had no choice but to strike a plea deal given the potential for a long sentence.

"I think when you look at it, we did quite well," said Marine Col. Jeffrey Colwell, the chief defense counsel.

Dennis Edney, a Canadian attorney for Khadr, said his client agreed to plead guilty because it was a route to repatriation.

He said that led Khadr to sign an admission of facts which the lawyer called "stunning in its false portrayal of him."

"He's not a radical jihadist. He's a victim of his family, his father, adults, and he's a victim of this system," Edney added.

Khadr was prohibited under the deal from calling witnesses at his sentencing hearing who would support defense claims that he was a "child soldier," forced into fighting the U.S. by a radical father who was an associate of Osama bin Laden.

Legal principles 'long since abandoned'
"The fact that the trial of a child soldier, Omar Khadr, has ended with a guilty plea in exchange for his eventual release to Canada does not change the fact that fundamental principles of law and due process were long since abandoned in Omar's case," Edney said.

The plea deal also prohibits Khadr from traveling to the United States and requires him to turn over to the Canadian government any proceeds earned from publishing information "related to the illegal conduct alleged on the charge sheet."

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The jury began its deliberations after nearly a week of testimony that included a wrenching account from Speer's widow about the loss of her husband and a 10-minute statement from Khadr, who apologized to the soldier's family in his most extensive public statements since his capture.

Speer's widow, Tabitha, pumped her fist and cheered "yes!" when the jury announced its 40-year sentence. Then she burst into tears.

Later, she said that she was relieved to have the case behind her. She called the jury's verdict "the right thing," but accepted the eight-year sentence.

"I miss my husband very, very much. There will never be anyone or anything that can replace or bring him back, but today this helps to close a huge chapter," Speer said, her voice breaking.

She called the jury's sentence "a victory not just for my family but for hundreds of families out there."

A former U.S. soldier blinded in one eye during the battle that led to Khadr's capture called the eight-year cap "an outrage" and the result of "political meddling."

Khadr is the fifth person convicted and sentenced under the military commissions at Guantanamo, three of which were plea bargains.

There is only one more active case among the 175 detainees at the U.S. base. The military lawyers were waiting to hear from the Obama administration on how to proceed in other cases, including that of five men accused of plotting the September 11 attacks.

The Obama administration had said they would be tried in a civilian court in New York but has since seemed to waver on that.

"We'd just like somebody to make a darn decision so we can march forward," Colwell said.

Human rights activists criticize the tribunals as a second-rate system rigged to convict that affords defendants fewer rights than regular U.S. military and civilian courts.

The Associated Press and Reuters contributed to this report.

Video: Gitmo trial a test for Obama’s detainee plan

  1. Closed captioning of: Gitmo trial a test for Obama’s detainee plan

    >>> at guantanamo bay , we're expecting opening statements in the first major test of president obama 's plan for -- to try detainees there.

    >> seven military officers have been selected to sit on the jury. the defendant has been in custody since he was 15 years old. nbc's national investigative correspondent michael iskof is live in guantanamo bay . one of the things i'm curious about is how much of this trial are you going to be able to observe?

    >> well, i was just watching the opening statements . they began just a little while ago. and it's a very high stakes trial for the administration, for the pentagon. the chief prosecutor started off with a bang quoting omar kha di r's own word he's gave to fbi interrogators when he first came to guantanamo in 2002 . he said, quoting khadr , i'm a terrorist trained by al qaeda . asked what he was most proud november his life, khadr replied, conducting operations against the americans. now that is the guts of the administration's -- of the military's case here. khadr 's confessions to throwing the hand grenade that killed an army special forces medic, christopher spear in that firefight in the compound in afghanistan in july 2002 . but this case has caused an enormous international outcry. it's been denounced by a top u.n. official the other day. khadr at the time of the incident was only 15 years old. can you charge a 15-year-old for war crimes ? that's the issue that this jury is going to have to decide.

    >> michael isikoff in guantanamo bay covering this trial. a fascinating test and political test both nationally, domestically and internationally for president obama . thanks very much.

Photos: Guantanamo Bay detention center

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  1. A U.S. military guard arrives for work at Camp Delta in the Guantanamo Bay detention center on March 30, 2010. Two days after his inauguration in January 2009, President Barack Obama signed an executive order to close the facility in one year and review each detainee’s case individually, but he has missed the deadline by months and has struggled to transfer, try or release the remaining detainees. (These pictures have been reviewed by the U.S. military.) (John Moore / Getty Images) Back to slideshow navigation
  2. Detainees prepare to eat lunch at Camp 6 in the Guantanamo Bay detention center on March 30, 2010. The U.S. military currently holds 183 detainees at Guantanamo, including Khalid Sheikh Mohammed, the self-described mastermind of the Sept. 11, 2001, terrorist attacks. The detention center has held nearly 780 detainees in an assortment of camps that were built to accommodate different levels of security. In Camp 6, detainees spend at least 22 hours a day in single-occupancy cells. (John Moore / Getty Images) Back to slideshow navigation
  3. In this picture, a detainee stands in Guantanamo’s Camp 6, his face obscured by a wire fence. There are strict rules on the publication of photographs of detainees – any distinguishing features or clear pictures of detainees’ faces are not allowed past Guantanamo’s gates. (John Moore / Getty Images) Back to slideshow navigation
  4. A detainee reads a magazine in the library at Camp 6. One of the obstacles President Obama faces in shutting down the detention facility is that Congress has blocked funding for a plan that would transfer some detainees to a prison in the United States. (John Moore / Getty Images) Back to slideshow navigation
  5. The Department of Justice is currently reviewing each detainee’s case individually and categorizing them into three groups: those who face trial, those who will be transferred to detention facilities in other countries, and those who are deemed a danger but cannot released or tried because of sensitive evidence – and must continue to be held. There are 48 detainees in this category. Here, detainees prepare to eat lunch at Camp 6. (John Moore / Getty Images) Back to slideshow navigation
  6. In this photo, a detainee attends a class in "life skills" inside Camp 6. In November 2009, U.S. Attorney General Eric Holder announced that Khalid Sheikh Mohammed and four other Sept. 11 suspects would be prosecuted in a federal court in New York City, setting off a heated debate that put the White House on the defense and has forced it to reconsider the plan. The Obama administration has also designated six detainees for trial by military tribunal, including Canadian Omar Khadr, whose trial will be the first at Guantanamo during the Obama presidency. (Brennan Linsley / AP) Back to slideshow navigation
  7. A U.S. Navy guard prepares to escort a detainee after a "life skills" class in Camp 6. Meantime, the war crimes tribunal convened in Guantanamo on April 28, 2010, to decide what evidence can be used against Omar Khadr, a Canadian citizen who was just 15 when he was detained in Afghanistan in 2002. (John Moore / Getty Images) Back to slideshow navigation
  8. Congressional Republicans and some Democrats oppose the plan to prosecute detainees in federal courts because that would give suspects full U.S. legal rights and could lead to the release of dangerous terrorists. Supporters, however, say military courts unfairly limit defendants’ rights and contend that federal courts are just as capable of bringing suspects to justice. In this photo, U.S. Army guards are briefed at the Guantanamo Bay detention center on March 30, 2010. (John Moore / Getty Images) Back to slideshow navigation
  9. A U.S. Army soldier patrols past a guard tower at Camp Delta. A final difficulty in closing the detention facility is skepticism about how well some countries would monitor and rehabilitate detainees transferred there – and whether they would be at risk of being recruited into terror networks. Yemen, in particular, is under scrutiny after the failed Christmas Day airplane bombing by Nigerian Umar Farouk Abdulmutallab, who is believed to have been trained by al-Qaida in Yemen. The Obama administration has since suspended all transfers to Yemen. (John Moore / Getty Images) Back to slideshow navigation
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