WASHINGTON (AP) — The Supreme Court on Monday rejected an appeal by a Canadian-born former Guantanamo detainee who was seeking to wipe away his war crimes convictions, including for killing a U.S. soldier in Afghanistan.

Omar Khadr had waived his right to appeal when he pleaded guilty in 2010 to charges that included murder. But his lawyers argued that a subsequent ruling by the federal appeals court in Washington called into question whether Khadr could have been charged with the crimes in the first place.

A divided three-judge panel ruled that, despite the appellate ruling, Khadr gave up his right to appeal.

Justices Brett Kavanaugh and Ketanji Brown Jackson did not take part in the Supreme Court’s consideration of Khadr’s appeal because both had dealt with the case while they served as appeals court judges. Jackson explained her recusal from Monday’s order; Kavanaugh did not.