His Edmonton lawyer, Nate Whitling, says the new order by the United States Court of Military Commission Review could mean years of additional delay for his client.
The Canadian-born Khadr was captured as a wounded 15-year old in Afghanistan in 2002 and later pleaded guilty to five war crimes — including the murder of an American special forces soldier — before a widely disparaged commission in Guantanamo Bay.
Khadr filed an appeal with the commission review in 2013, arguing that the offences were not war crimes when he allegedly committed them.
His case has been in limbo ever since, so his American lawyer asked the U.S. Court of Appeals for the District of Columbia Circuit in April to order the military court to hear the appeal.
That decision is still pending, but the order by the military court says that it has no reason to vacate the stay.