Under the laws of war, a combatant who kills another combatant cannot be charged with murder. That’s called combatant immunity. Non-combatants who kill a combatant can be charged with murder, and they are entitled to the procedural protections owed to a criminal accused. Mr. Khadr was treated neither as a combatant nor as an accused criminal. 

Under what law, treaty or convention, did Mr Khadr, aligned with Al-Qaeda at the time of his capture, a group with no national status, no central command, no insistence on the open carrying of arms, no defining insignia,  and not a signatory to or declared or demonstrated follower of the internationally recognized rules of war, yet engaged in conflict with their declared enemies, meet the definition of either a combatant or a non-combatant. 

can't have one finger on the IED trigger and off at the same time.