NEW LEGISLATION ON GUANTANAMO seems to have created more confusion than it dispelled:

Omar Ahmed Khadr, a Canadian national, faced murder charges for killing an American soldier in Afghanistan with a hand grenade when he was 15-years-old. In a surprise ruling, the presiding judge at the war crimes tribunal Monday, said he does not have jurisdiction to try Khadr under a new 2006 law.

The judge said according to the new law, each detainee must have been officially designated as an “unlawful enemy combatant.” He said Khadr had only been designated an “enemy combatant.” The judge did say, however, Khadr could be recharged if he undergoes a new hearing to determine his status.

A Defense Department spokesman told VOA the military prosecutor will appeal the ruling to a board in Washington set up to supervise the tribunals.

Osama bin Laden’s former driver also is due to appear later Monday before the war crimes tribunal in Guantanamo.

This war has been over-lawyered, which is not to say that it has been well-lawyered.